This End-User License Agreement (“Agreement”) is a binding contract between you (“you” or “End User”) and RunaCall Inc., a Delaware corporation (“Run a Call,” “we,” “us”), governing your use of the run a call. mobile application, including any updates, documentation, and related services (collectively, the “Application”).
01License grant
Subject to your continuous compliance with this Agreement and, where applicable, the subscription agreement between Run a Call and your Employer (the “Subscription Agreement”), Run a Call grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Application on a mobile device that you own or control, solely for your internal business use in connection with the operation of an HVAC or related field-service business.
02Scope of use
The Application is licensed, not sold. No title, ownership, or intellectual property rights in the Application are transferred to you. Your right to use the Application is conditioned on your acceptance of, and compliance with, this Agreement and the active status of your account or your Employer’s subscription.
03Accounts and credentials
- You must provide accurate registration information and keep it current.
- You are responsible for safeguarding your credentials and for all activity under your account.
- You must notify Run a Call promptly of any unauthorized use or suspected security incident at admin@runacall.com.
- You may not share your account or transfer it to another person.
04Restrictions
You shall not, and shall not permit any third party to:
- Copy, modify, translate, or create derivative works of the Application;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, except to the extent expressly permitted by law that cannot be waived;
- Rent, lease, sublicense, sell, resell, or otherwise commercially exploit the Application;
- Use the Application to build a competing product or for benchmarking without our prior written consent;
- Remove or alter any proprietary notices, trademarks, or labels;
- Interfere with or disrupt the integrity or performance of the Application or related infrastructure;
- Attempt to gain unauthorized access to any portion of the Application, related systems, or other accounts;
- Use the Application in violation of applicable law, including telephony, recording, consumer-protection, or data-protection laws;
- Use the Application to transmit malicious code, spam, or unlawful content; or
- Use the Application to make automated decisions affecting consumers without appropriate human review where required by law.
05Updates and changes
Run a Call may issue updates, patches, and new versions, which may be installed automatically by your device. We may add, modify, or discontinue features from time to time. Continued use of the Application after an update constitutes acceptance of the update. We will not materially reduce the core functionality during an active paid subscription term.
06Third-party services
The Application may interoperate with or surface third-party services (e.g., mapping, payments, telephony, accounting). Those services are provided by their respective owners and are subject to their own terms. Run a Call is not responsible for third-party services and disclaims all liability arising from your use of them.
07Customer data and privacy
The Application processes data on behalf of your Employer and on our own behalf as described in our Privacy Policy. To the extent the Application is provisioned through a Subscription Agreement, your Employer is the controller (or business) of the operational data you input, and our handling of that data is governed by the Data Processing Addendum incorporated into the Subscription Agreement.
You agree not to upload personal information of third parties into the Application unless you have the right to do so and a lawful purpose for processing.
08Fees and subscriptions
If you (rather than an Employer) purchase a paid subscription, you agree to the pricing, billing, and renewal terms displayed at point of purchase. Subscriptions auto-renew until cancelled in accordance with the storefront’s cancellation procedures (e.g., the App Store or Google Play). Except where required by law, fees are non-refundable.
09Intellectual property
The Application, including all software, designs, text, graphics, logos, and the “run a call.” name and marks, is owned by Run a Call or its licensors and is protected by U.S. and international intellectual-property laws. All rights not expressly granted are reserved.
10Feedback
If you provide suggestions, ideas, or feedback (“Feedback”), you grant Run a Call a perpetual, irrevocable, royalty-free, worldwide license to use the Feedback for any purpose, without obligation or compensation. Feedback is provided voluntarily and is not confidential.
11Term and termination
This Agreement begins when you install or use the Application and continues until terminated. You may terminate at any time by uninstalling the Application and ceasing use. Run a Call may suspend or terminate your access immediately if you violate this Agreement, if your Employer’s Subscription Agreement is terminated, or if continued provision would expose Run a Call to legal or security risk. On termination, the license granted under Section 1 ends, and Sections that by their nature survive (including 4, 7–10, 12–19) will survive.
12Disclaimer of warranties
The application is provided “as is” and “as available,” without warranties of any kind, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising out of course of dealing or trade usage.
Run a Call does not warrant that the application will be uninterrupted, error-free, secure, or free of harmful components, or that any data will be accurate, complete, or preserved.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law.
13Limitation of liability
To the maximum extent permitted by law, Run a Call and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, business, goodwill, or data, arising out of or relating to this agreement or your use of the application, even if advised of the possibility of such damages.
Run a Call’s total cumulative liability arising out of or relating to this agreement shall not exceed the greater of (a) the amounts paid by you to Run a Call for the application during the 12 months preceding the claim, or (b) one hundred U.S. dollars ($100).
The foregoing limitations form an essential basis of the bargain between you and Run a Call.
14Indemnification
You will defend, indemnify, and hold harmless Run a Call and its affiliates from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (i) your breach of this Agreement, (ii) your violation of applicable law, or (iii) data or content you upload, transmit, or process through the Application in violation of any rights of a third party.
15Export and government use
You represent that you are not located in, and will not use the Application in, any country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties. The Application is “commercial computer software” as defined in 48 C.F.R. § 2.101, and U.S. government end users acquire only the rights set forth in this Agreement.
16Apple-specific terms (iOS)
If you obtained the Application from the Apple App Store, the following also applies:
- This Agreement is between you and Run a Call only, and not with Apple. Apple is not responsible for the Application or its content.
- The license granted is limited to use on Apple-branded products you own or control, as permitted by the Apple Media Services Terms.
- Apple has no obligation to provide maintenance or support for the Application.
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
- Apple is not responsible for addressing claims relating to the Application or your possession or use of it, including product-liability, legal-compliance, and consumer-protection claims.
- If a third party claims the Application infringes its intellectual-property rights, Run a Call (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of such claim.
- You represent that you are not located in a U.S.-embargoed country and are not listed on any U.S. government prohibited or restricted list.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you upon your acceptance.
17Google-specific terms (Android)
If you obtained the Application from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this Agreement and is not responsible for the Application. To the extent of any conflict between this Agreement and the Google Play Terms regarding distribution by Google, the Google Play Terms govern solely as to that subject.
18Governing law and disputes
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You and Run a Call agree that any dispute arising out of or relating to this agreement or the application will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Wilmington, Delaware. You and Run a Call waive any right to a jury trial and to participate in a class, collective, or representative action. Either party may seek injunctive relief in court for intellectual-property claims.
You may opt out of the arbitration agreement by emailing admin@runacall.com within 30 days of first accepting this Agreement, with the subject line “Arbitration Opt-Out” and your name and account email.
19General provisions
- Entire agreement. This Agreement (together with the Privacy Policy and any Subscription Agreement) is the entire agreement between you and Run a Call concerning the Application.
- Amendments. We may modify this Agreement from time to time. Material changes will be notified in-app, by email, or by posting at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.
- Assignment. You may not assign this Agreement. Run a Call may assign without restriction.
- Severability. If any provision is unenforceable, the remainder will remain in effect.
- Waiver. No waiver is effective unless in writing.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Notices. Notices to Run a Call must be sent to admin@runacall.com. Notices to you may be sent to your account email or delivered in-app.
- Headings. Section headings are for convenience only and have no legal effect.
20Contact
RunaCall Inc.
Attn: Legal Department
Email: admin@runacall.com
Mail: 131 Continental Dr, Suite 305, Newark, DE 19713, USA