Privacy Policy & Terms of Service
Privacy Policy & Terms of Service
Privacy Policy & Terms of Service
Your privacy is extremely important to us. This privacy statement below explains the personal data ByldTech Inc. dba Sitewire (“Sitewire”) processes, how Sitewire processes it, and for what purposes. ByldTech and Sitewire offers a wide range of products for use in real estate and construction activities. References to these products in this statement include Sitewire services, websites, mobile apps, software, servers, and devices. This statement applies to the interactions Sitewire has with you and the Sitewire products listed below, as well as other Sitewire products that display this statement.
After this Privacy Policy, you will find our Terms of Service below. These terms apply to you and your usage of our products, software and services without exclusion.
Your privacy is extremely important to us. This privacy statement below explains the personal data ByldTech Inc. dba Sitewire (“Sitewire”) processes, how Sitewire processes it, and for what purposes. ByldTech and Sitewire offers a wide range of products for use in real estate and construction activities. References to these products in this statement include Sitewire services, websites, mobile apps, software, servers, and devices. This statement applies to the interactions Sitewire has with you and the Sitewire products listed below, as well as other Sitewire products that display this statement.
After this Privacy Policy, you will find our Terms of Service below. These terms apply to you and your usage of our products, software and services without exclusion.
Personal Data, General Statement
Personal Data, General Statement
Personal Data, General Statement
Sitewire collects data from you, through our interactions with you and through our products. You provide some of this data directly, and we get some of it by collecting data about your interactions, use, and experiences with our products. The data we collect depends on the context of your interactions with Sitewire and the choices you make, including your privacy settings and the products and features you use. We also obtain data about you from third parties. You have choices when it comes to the technology you use and the data you share. When we ask you to provide personal data, you can decline. Many of our products require some personal data to provide you with a service. If you choose not to provide data required to provide you with a product or feature, you cannot use that product or feature. Likewise, where we need to collect personal data by law or to enter into or carry out a contract with you, and you do not provide the data, we will not be able to enter into the contract; or if this relates to an existing product you’re using, we may have to suspend or cancel it. We will notify you if this is the case at the time. Where providing the data is optional, and you choose not to share personal data, features like personalization that use such data will not work for you.
Sitewire collects data from you, through our interactions with you and through our products. You provide some of this data directly, and we get some of it by collecting data about your interactions, use, and experiences with our products. The data we collect depends on the context of your interactions with Sitewire and the choices you make, including your privacy settings and the products and features you use. We also obtain data about you from third parties. You have choices when it comes to the technology you use and the data you share. When we ask you to provide personal data, you can decline. Many of our products require some personal data to provide you with a service. If you choose not to provide data required to provide you with a product or feature, you cannot use that product or feature. Likewise, where we need to collect personal data by law or to enter into or carry out a contract with you, and you do not provide the data, we will not be able to enter into the contract; or if this relates to an existing product you’re using, we may have to suspend or cancel it. We will notify you if this is the case at the time. Where providing the data is optional, and you choose not to share personal data, features like personalization that use such data will not work for you.
How we use Personal Data
How we use Personal Data
How we use Personal Data
Sitewire uses the data we collect to provide you with rich, interactive experiences. In particular, we use data to:
Provide our products, which includes updating, securing, and troubleshooting, as well as providing support. It also includes sharing data, when it is required to provide the service or carry out the transactions you request.
Improve and develop our products.
Personalize our products and make recommendations.
Advertise and market to you, which includes sending promotional communications, targeting advertising, and presenting you with relevant offers. If you share information with us through our products, and your information was provided by a lender, we will not contact you except for customer satisfaction and support purposes.
We also use the data to operate our business, which includes analyzing our performance, meeting our legal obligations, developing our workforce, and doing research.
In carrying out these purposes, we combine data we collect from different contexts (for example, from your use of Sitewire’s iOS app combined with Sitewire’s web app) or obtain from third parties to give you a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes. Our processing of personal data for these purposes includes both automated and manual (human) methods of processing. Our automated methods often are related to and supported by our manual methods
Sitewire uses the data we collect to provide you with rich, interactive experiences. In particular, we use data to:
Provide our products, which includes updating, securing, and troubleshooting, as well as providing support. It also includes sharing data, when it is required to provide the service or carry out the transactions you request.
Improve and develop our products.
Personalize our products and make recommendations.
Advertise and market to you, which includes sending promotional communications, targeting advertising, and presenting you with relevant offers. If you share information with us through our products, and your information was provided by a lender, we will not contact you except for customer satisfaction and support purposes.
We also use the data to operate our business, which includes analyzing our performance, meeting our legal obligations, developing our workforce, and doing research.
In carrying out these purposes, we combine data we collect from different contexts (for example, from your use of Sitewire’s iOS app combined with Sitewire’s web app) or obtain from third parties to give you a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes. Our processing of personal data for these purposes includes both automated and manual (human) methods of processing. Our automated methods often are related to and supported by our manual methods
Reasons we share Personal Data
Reasons we share Personal Data
Reasons we share Personal Data
We share your personal data with your consent to complete any transaction or provide any product you have requested or authorized. We also share data with Sitewire-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights and property of Sitewire and its customers.
We share your personal data with your consent to complete any transaction or provide any product you have requested or authorized. We also share data with Sitewire-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights and property of Sitewire and its customers.
How to access and control your Personal Data
How to access and control your Personal Data
How to access and control your Personal Data
You can also make choices about the collection and use of your data by Sitewire. You can control the personal data that Sitewire has obtained, and exercise your data protection rights, by contacting Sitewire at data@sitewire.co or using various tools we provide. In some cases, your ability to access or control your personal data will be limited, as required or permitted by applicable law. How you can access or control your personal data will also depend on which products you use. For example, you can
Control the use of your data for interest-based advertising from Sitewire by visiting our opt out page accompanying any advertising
Choose whether you wish to receive promotional emails, SMS messages, telephone calls, and postal mail from Sitewire. Access and clear your data through data@sitewire.co
You can also make choices about the collection and use of your data by Sitewire. You can control the personal data that Sitewire has obtained, and exercise your data protection rights, by contacting Sitewire at data@sitewire.co or using various tools we provide. In some cases, your ability to access or control your personal data will be limited, as required or permitted by applicable law. How you can access or control your personal data will also depend on which products you use. For example, you can
Control the use of your data for interest-based advertising from Sitewire by visiting our opt out page accompanying any advertising
Choose whether you wish to receive promotional emails, SMS messages, telephone calls, and postal mail from Sitewire. Access and clear your data through data@sitewire.co
Cookies and similar technologies
Cookies and similar technologies
Cookies and similar technologies
Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honoring your preferences and settings, enabling you to sign in, providing interest-based advertising, combating fraud, analyzing how our products perform, and fulfilling other legitimate purposes. Sitewire apps use additional identifiers, such as user and mobile application tracking IDs, for similar purposes. We also use “web beacons” to help deliver cookies and gather usage and performance data. Our websites may include web beacons, cookies, or similar technologies from third-party service providers. You have a variety of tools to control the data collected by cookies, web beacons, and similar technologies. For example, you can use controls in your internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies.
Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honoring your preferences and settings, enabling you to sign in, providing interest-based advertising, combating fraud, analyzing how our products perform, and fulfilling other legitimate purposes. Sitewire apps use additional identifiers, such as user and mobile application tracking IDs, for similar purposes. We also use “web beacons” to help deliver cookies and gather usage and performance data. Our websites may include web beacons, cookies, or similar technologies from third-party service providers. You have a variety of tools to control the data collected by cookies, web beacons, and similar technologies. For example, you can use controls in your internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies.
Products provided by your organization - notice to end users
Products provided by your organization - notice to end users
Products provided by your organization - notice to end users
If you use a Sitewire product with an account provided by an organization you are affiliated with, such as your construction company or with a lender that has loaned money to you and has provided Sitewire as a service to you, you can:
Control and administer your Sitewire product and product account, including controlling privacy-related settings of the product or product account.
Access and process your data, including the interaction data, diagnostic data, and the contents of your communications and files associated with your Sitewire product and product accounts
If you lose access to your account (in the event of a change of employment, for example), you may lose access to products and the content associated with those products, including those you acquired on your own behalf, if you used your work or school account to sign in to such products. All Sitewire products are intended for use by organizations, such as general contractors, private lenders, banks, loan servicers, institutional capital providers, and other businesses. If your organization, or an organization you do business with (an “Affiliate”), provides you with access to Sitewire products, your use of the Sitewire products is subject to the providing organization's policies as well as those of the Affiliate, if any. You should direct your privacy inquiries, including any requests to exercise your data protection rights, to the relevant organization’s administrator or to the Sitewire administrator at your Affiliate.
In the instance of any confusion, please contact us at data@sitewire.co. Sitewire is not responsible for the privacy or security practices of our customers, who may be your Affiliate, and which may differ from those set forth in this privacy statement. When you use a Sitewire product provided by your organization, Sitewire’s processing of your personal data in connection with that product is governed by a contract between Sitewire and the organization that pays fees to Sitewire, whether your organization or an Affiliate. Sitewire processes your personal data to provide the product to your organization and you, and for Sitewire’s legitimate business operations related to providing the product. As mentioned above, if you have questions about Sitewire’s processing of your personal data in connection with providing products to your organization, please contact your organization or relevant Affiliate.
Generally, from your use of Sitewire’s products and services we will not collect or use personal data beyond that needed for business purposes to deliver commercial data processing services to you or an affiliate. We do not share your personal data with 3rd parties for advertising or similar commercial purposes
If you use a Sitewire product with an account provided by an organization you are affiliated with, such as your construction company or with a lender that has loaned money to you and has provided Sitewire as a service to you, you can:
Control and administer your Sitewire product and product account, including controlling privacy-related settings of the product or product account.
Access and process your data, including the interaction data, diagnostic data, and the contents of your communications and files associated with your Sitewire product and product accounts
If you lose access to your account (in the event of a change of employment, for example), you may lose access to products and the content associated with those products, including those you acquired on your own behalf, if you used your work or school account to sign in to such products. All Sitewire products are intended for use by organizations, such as general contractors, private lenders, banks, loan servicers, institutional capital providers, and other businesses. If your organization, or an organization you do business with (an “Affiliate”), provides you with access to Sitewire products, your use of the Sitewire products is subject to the providing organization's policies as well as those of the Affiliate, if any. You should direct your privacy inquiries, including any requests to exercise your data protection rights, to the relevant organization’s administrator or to the Sitewire administrator at your Affiliate.
In the instance of any confusion, please contact us at data@sitewire.co. Sitewire is not responsible for the privacy or security practices of our customers, who may be your Affiliate, and which may differ from those set forth in this privacy statement. When you use a Sitewire product provided by your organization, Sitewire’s processing of your personal data in connection with that product is governed by a contract between Sitewire and the organization that pays fees to Sitewire, whether your organization or an Affiliate. Sitewire processes your personal data to provide the product to your organization and you, and for Sitewire’s legitimate business operations related to providing the product. As mentioned above, if you have questions about Sitewire’s processing of your personal data in connection with providing products to your organization, please contact your organization or relevant Affiliate.
Generally, from your use of Sitewire’s products and services we will not collect or use personal data beyond that needed for business purposes to deliver commercial data processing services to you or an affiliate. We do not share your personal data with 3rd parties for advertising or similar commercial purposes
Product and Business Data we collect and analyze
Product and Business Data we collect and analyze
Product and Business Data we collect and analyze
When you use a Sitewire product provided to you by your organization or an Affiliate, you are governed by a subscription agreement between Sitewire and its customer. Within this contract, there are provisions that outline the following data which is collected and processed:
Mobile Applications
We collect GPS location and other sensor and time data and use it to determine whether or not you are requesting loan disbursements from a valid project location, to prevent loan fraud.
We collect the amount of money that you are requesting from a Lender, in order for the Lender to service the loan and provide payments to you. We collect your personal and company details, including name, email address and mailing address to assure you are the borrower of record with the Lender.
Web Application
We collect the borrower’s GPS location and store it only within Sitewire servers.
We collect borrower’s loan budget, including job items for which the borrower is requesting loan funds.
We collect the address, email and name of Lenders and borrowers in the system.
We collect the address, email, and name of Loan Buyers in the system.
We may collect the borrower’s preferred method of payment, including ACH, wire instructions, and other forms of payment. We do not store any financial information within Sitewire, any financial information is stored with a regulated entity monitored by government banking and securirty regulators.
Lenders use the data to administer their system and determine if loan payments should be made to borrowers. Loan buyers who may want to acquire borrower’s loan may also approve disbursement requests and end up owning the loan. Mobile users may request that their personal data be deleted by contacting their lender or Sitewire directly at data@sitewire.co. Any affiliate, third party, vendor, partner or subcontractor of Sitewire will provide full protection of user data that is at least as protective as Sitewire provides to it’s mobile and web application users.
When you use a Sitewire product provided to you by your organization or an Affiliate, you are governed by a subscription agreement between Sitewire and its customer. Within this contract, there are provisions that outline the following data which is collected and processed:
Mobile Applications
We collect GPS location and other sensor and time data and use it to determine whether or not you are requesting loan disbursements from a valid project location, to prevent loan fraud.
We collect the amount of money that you are requesting from a Lender, in order for the Lender to service the loan and provide payments to you. We collect your personal and company details, including name, email address and mailing address to assure you are the borrower of record with the Lender.
Web Application
We collect the borrower’s GPS location and store it only within Sitewire servers.
We collect borrower’s loan budget, including job items for which the borrower is requesting loan funds.
We collect the address, email and name of Lenders and borrowers in the system.
We collect the address, email, and name of Loan Buyers in the system.
We may collect the borrower’s preferred method of payment, including ACH, wire instructions, and other forms of payment. We do not store any financial information within Sitewire, any financial information is stored with a regulated entity monitored by government banking and securirty regulators.
Lenders use the data to administer their system and determine if loan payments should be made to borrowers. Loan buyers who may want to acquire borrower’s loan may also approve disbursement requests and end up owning the loan. Mobile users may request that their personal data be deleted by contacting their lender or Sitewire directly at data@sitewire.co. Any affiliate, third party, vendor, partner or subcontractor of Sitewire will provide full protection of user data that is at least as protective as Sitewire provides to it’s mobile and web application users.
TERMS OF SERVICE
TERMS OF SERVICE
TERMS OF SERVICE
Please read this Mobile and Web Application End User License Agreement (“EULA”) carefully before downloading or using the ByldTech Inc. dba Sitewire (“Sitewire”) mobile application (“Mobile App”) or accessing the web application, which both allow You to access Sitewire’s internet-delivered service (“Subscription Service”) from Your mobile device or Web Browser. This EULA forms a binding legal agreement between you and any other entity on whose behalf you accept these terms, including financial institutions (“Lender”) that may have provided a Mobile App to you (collectively “You” or "Your”) and Sitewire (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App or agree to use the Web App. Your use of the Mobile App is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Subscription Agreement”). With respect to the use of the Mobile App, and to the extent the Subscription Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to the use of the Mobile App.
1. License. Sitewire grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your internal business purposes strictly in accordance with this EULA and the Subscription Agreement. Sitewire grants you license to use the Web App if and only if you or your Lender has signed a Service Agreement with Sitewire.
2. Your Account. Your use of the Mobile App requires that You or Your Lender have an account with Sitewire's Web App and agree to the terms of the Service Agreement. Your use of the Web App will be bound to the terms and conditions of in your Lender’s Service Agreement.
3. Changes to this EULA. Sitewire reserves the right to modify this EULA at any time and for any reason. Sitewire will post the most current version of this EULA at www.sitewire.co/privacy. If Sitewire makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Sitewire’s website even if these updated terms appear online at Sitewire’s website before being posted on the Mobile App. Your continued use of the Mobile App after Sitewire publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. Sitewire may deploy changes, updates, or enhancements to the Mobile App at any time. Sitewire may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple Inc. (for iOS Mobile App) nor Google LLC (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use and Access to Business Data. You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. Your use of the Subscription Service and the Mobile App is governed by the Acceptable Use Policy (a current version of which can be found above). 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. You hereby grant Sitewire a non-exclusive, worldwide, royalty-free license to use, copy, transmit, sub-license, index, store, aggregate and display Your Data uploaded into the App solely as required to provide or perform the App and related Subscription Services. Sitewire agrees to use such Subscriber Data solely as required to provide or perform the App, the Subscription Service and related technical support. You also grant Sitewire a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the App any App usage data, suggestions, enhancement requests, recommendations or other feedback You provide relating to the operation of the App and Subscription Services.
6. Privacy. In order to operate and provide the Subscription Service and the Mobile App, Sitewire may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We use third-party service providers to help us collect and analyze this data, including Google Analytics and other platforms, databases and software. Sitewire uses and protects that information in accordance with the Sitewire Privacy Policy above.
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize Sitewire to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding Sitewire's products and services. 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.
8. 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. SITEWIRE 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. The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Sitewire does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
8.1 iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE INC. WILL HAVE NO 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 LLC 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.
9. Suspension and Termination of the Mobile App. Sitewire reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account (including your Lender’s account) under the Subscription Agreement. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Subscription Service.
10. 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 the third party’s intellectual property rights, Sitewire will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You agree to treat the Subscription Service as confidential and will not without the express written (including email) authorization of Sitewire: a) Demonstrate, copy, sell or market Software to any third party unless authorized explicitly by an Officer of Sitewire in a written (including electronic) agreement; or b) Publish or otherwise disclose information relating to performance or quality of the Software to any third party unless authorized in writing (including electronic) by Sitewire; or c) Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
11. 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; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.
Please read this Mobile and Web Application End User License Agreement (“EULA”) carefully before downloading or using the ByldTech Inc. dba Sitewire (“Sitewire”) mobile application (“Mobile App”) or accessing the web application, which both allow You to access Sitewire’s internet-delivered service (“Subscription Service”) from Your mobile device or Web Browser. This EULA forms a binding legal agreement between you and any other entity on whose behalf you accept these terms, including financial institutions (“Lender”) that may have provided a Mobile App to you (collectively “You” or "Your”) and Sitewire (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App or agree to use the Web App. Your use of the Mobile App is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Subscription Agreement”). With respect to the use of the Mobile App, and to the extent the Subscription Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to the use of the Mobile App.
1. License. Sitewire grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your internal business purposes strictly in accordance with this EULA and the Subscription Agreement. Sitewire grants you license to use the Web App if and only if you or your Lender has signed a Service Agreement with Sitewire.
2. Your Account. Your use of the Mobile App requires that You or Your Lender have an account with Sitewire's Web App and agree to the terms of the Service Agreement. Your use of the Web App will be bound to the terms and conditions of in your Lender’s Service Agreement.
3. Changes to this EULA. Sitewire reserves the right to modify this EULA at any time and for any reason. Sitewire will post the most current version of this EULA at www.sitewire.co/privacy. If Sitewire makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Sitewire’s website even if these updated terms appear online at Sitewire’s website before being posted on the Mobile App. Your continued use of the Mobile App after Sitewire publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. Sitewire may deploy changes, updates, or enhancements to the Mobile App at any time. Sitewire may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple Inc. (for iOS Mobile App) nor Google LLC (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use and Access to Business Data. You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. Your use of the Subscription Service and the Mobile App is governed by the Acceptable Use Policy (a current version of which can be found above). 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. You hereby grant Sitewire a non-exclusive, worldwide, royalty-free license to use, copy, transmit, sub-license, index, store, aggregate and display Your Data uploaded into the App solely as required to provide or perform the App and related Subscription Services. Sitewire agrees to use such Subscriber Data solely as required to provide or perform the App, the Subscription Service and related technical support. You also grant Sitewire a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the App any App usage data, suggestions, enhancement requests, recommendations or other feedback You provide relating to the operation of the App and Subscription Services.
6. Privacy. In order to operate and provide the Subscription Service and the Mobile App, Sitewire may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We use third-party service providers to help us collect and analyze this data, including Google Analytics and other platforms, databases and software. Sitewire uses and protects that information in accordance with the Sitewire Privacy Policy above.
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize Sitewire to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding Sitewire's products and services. 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.
8. 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. SITEWIRE 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. The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Sitewire does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
8.1 iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE INC. WILL HAVE NO 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 LLC 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.
9. Suspension and Termination of the Mobile App. Sitewire reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account (including your Lender’s account) under the Subscription Agreement. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Subscription Service.
10. 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 the third party’s intellectual property rights, Sitewire will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You agree to treat the Subscription Service as confidential and will not without the express written (including email) authorization of Sitewire: a) Demonstrate, copy, sell or market Software to any third party unless authorized explicitly by an Officer of Sitewire in a written (including electronic) agreement; or b) Publish or otherwise disclose information relating to performance or quality of the Software to any third party unless authorized in writing (including electronic) by Sitewire; or c) Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
11. 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; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.