Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the Themis Solutions Inc. dba Clio (and its subsidiaries) (“Themis”) Clio for Clients mobile application (“Mobile App”), which allows You to access in a limited capacity certain registered client-facing features of the Themis software services (“Services”) as made available to you by a subscriber of the Services, in many cases a lawyer or law firm (“Subscriber”) from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Themis (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA. You may have entered into a separate client agreement (“Registered Client Agreement”) with a Subscriber. With respect to the use of the Mobile App, and to the extent any Registered Client Agreement may conflict with this EULA, the terms of this EULA will govern and control solely with respect to use of the Mobile App, and Themis is not a party to any Registered Client Agreement.
- License. Themis grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and internal business purposes strictly in accordance with this EULA.
- Your Account. Your use of the Mobile App requires that You are a registered client of a Subscriber.
- Changes to this EULA. Themis reserves the right to modify this EULA at any time and for any reason. Themis will post the most current version of this EULA at https://www.clio.com/tos/clio-for-clients-user-agreement/ and You will receive notification of the changes via the Mobile App. Your continued use of the Mobile App after Themis publishes notice of changes to this EULA indicates Your consent to the updated terms.
- Maintenance and Support. Themis may deploy changes, updates, or enhancements to the Mobile App at any time. Themis will provide maintenance and support for the Mobile App which you may access at Clio Support. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
- Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the client-facing Services as accessed through the Mobile App in an unlawful manner or in any way that could harm or impair others’ use of the Mobile App or the Services. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
- Consent to Electronic Communications. By downloading the Mobile App, You authorize Themis to send You (including via email and push notifications) information regarding the Mobile App, such as: (a) notices about Your use of the Mobile App, including notices of violations of use; and (b) updates to the Mobile App and new features or products. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.
- No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEMIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.1 iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Suspension and Termination of the Mobile App. Themis reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Subscriber’s subscription to the Services. You understand that if Subscriber’s account is suspended or terminated, You may no longer have access to access content through the Mobile App.
- Intellectual Property Rights. In the event of a third party claim that the Mobile App, or Your possession and use of the Mobile App, infringes third party’s intellectual property rights, Themis will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Governing Law. This EULA shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the province of British Columbia, Canada and shall be considered to have been made and accepted in British Columbia. All disputes under this EULA will be resolved by the courts of British Columbia in Vancouver and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If You are based outside of Canada or the United States of America, then the Themis contracting party is Themis Solutions (Ireland) Limited and this EULA will be governed by and construed in accordance with the law of Ireland and shall be considered to have been made and accepted in Ireland and you irrevocably submit to the non-exclusive jurisdiction of the Irish courts. In any action or proceeding to enforce any rights under this EULA, the prevailing party shall be entitled to recover costs and legal fees.
- Contact Information. If You have any questions regarding this EULA, please contact Themis Support by email at [email protected], by phone at 1-888-858-2546, or by mail at 300-4611 Canada Way, Burnaby, BC V5G 4X3, Canada.
- Third Party Beneficiaries. This EULA is executed between You and Themis and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third-party beneficiary thereof. Themis is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.