Terms of Service

Last updated July 26, 2020
Rise is licensed to You (End-User) by Made by Windmill, LLC, located at 7700 Northcross Dr #66035, Austin, Texas78757, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple App Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Made by Windmill, LLC, not Apple, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Made by Windmill, LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

1. THE APPLICATION
Rise (hereinafter: Application) is a piece of software created to help bakers make better sourdough bread. - and customized for Apple mobile devices. It is used to provide & create recipes, manage baking schedules, and provide instructional resources.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Made by Windmill, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Made by Windmill, LLC's prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS
3.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. USE OF DATA
4.1 You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: http://gorise.io/privacy/index.html.
4.2 We do not claim ownership of your content, but you grant us a license to use it. We do not claim ownership of your content that you post on or through the Application. Instead, when you share or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Application, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear in our marketing and promotional materials.
4.3 You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on our products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on the Application.
4.4 If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
4.5 If you use content covered by intellectual property rights that we have and make available in our Application (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
4.6 You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
4.7 We can remove any content or information you share through the Application if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Application to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us.

5. LIABILITY
5.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

6. WARRANTY
6.1 Warranty Disclaimer. The Application is provided "As is" and "As available" without express or implied warranty or condition of any kind. The company makes no representations, guarantees, and/or warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose or non-infringement. The company makes no warranty that the Application will meet your requirements or operate under your specific conditions of use. The company makes no warranty that operation of the Application will be secure, error free, free from interruption, or free of malware or other harmful componenents. The company makes no other warranty or guarantee of any kind whatsoever. To the extent that the applicable jurisdiction limits the company's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted by law.

6.2 Limitation of liability. You must determine whether the Application sufficiently meets your requirements. You bear sole responsibility and all liability for any loss incurred due to failure of the Application to meet your requirements. The company (including its directors, officers, employees and agents) will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. The company (including its directors, officers, employees and agents) will not, under any circumstances, be responsible or liable for any damage to any device on which you install and use the Application. The company (including its directors, officers, employees and agents) will not, under any circumstances, be responsible or liable for any damages incurred. The foregoing limitations apply to all claims you may wish to bring against the company, whether on the basis of contract, warranty, or tort, except that the foregoing in no way limits your ability to bring a claim against the company based on gross negligence or willful or wanton conduct. To the extent that the applicable jurisdiction limits the company's ability to disclaim liability, this disclaimer shall be effective only to the maximum extent permitted by law.

6.3 Limitation of damages. Under no circumstances shall the company, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including personal injury, loss of data, loss of use, loss of user data, lost revenues or profits, loss of business, or loss of funds or personal property) resulting from the agreements, or from the furnishing, performance, installation, or use of the Application, whether due to a breach of contract, breach of warranty, or the tortious conduct of the company or any other party, even if the company is advised beforehand of the possibility of such damages. Under no circumstances shall the company, its directors, officers, employees, or agents be liable to you or any other party for any loss or damage to your person or property resulting from use of the Application. In any case and without limiting the foregoing, the entire liability of the company for all damges of every kind and type (whether such damages arise in contract, tort, or otherwise) shall be limited to the subscription fees paid by you to the company in the twelve calendar months immediately prior to the damages arising and this amount may be $0.00 if you did not pay any subscription fees to the company during that time period. The foregoing terms set a limit on the amount of damages payable and are not intended to act as liquidated damages. To the extent that the applicable jurisdiction limits the company's ability to disclaim the damages contemplated by this subsection, this disclaimer shall be effective to the maximum extent permitted by law.

6.4 Available remedies. You agree that your sole and exclusive remedy for any problem or dissatisfaction with the Application is to uninstall the Application from your device(s) and to unsubscribe from and stop using the Application on all of your devices. The company shall not incur any libaility to you or any obligation to refund any monies paid or prepaid for your use of the Application unless a specific subsection of the agreements gives you a right to a full or partial refund in a specific circumstance (e.G., subsection 3.6).

6.5 Indemnification. You agree to indemnify and hold the company harmless from and against all claims, judgments, damages, liabilities, expenses, or costs of any kind (including reasonable attorney fees and costs) arising from (1) your breach of the agreements; and (2) any activity in which you engage on through the Application or on the Rise website.

6.6 Service limitations. The company will make commercially reasonable efforts to keep the Application functional. However, due to maintenance or technical difficulties, you may experience temporary interruptions in service and such temporary interruptions (whether planned or not) shall not result in the company having any fault or liability towards you. The company may, within its sole discretion, modify or discontinue any functions and features of the Application, with or without notice to you, and without liability to you. However, if you have purchased a subscription for any paid services that the company permanently discontinues prior to the end of your subscription period, the company will refund to you a prorated portion of the amount that you paid representing the value of the discontinued service (as determined in the sole and exclusive discretion of the company) from the date the service was discontinued through the end date of your subscription period. Such refund will be issued to the same person in the same form of tender as the subscription purchase was made. The company has no obligation to upgrade, update, maintain, or otherwise improve the Application.

6.7 Customer support. You may make customer support inquiries by contacting the Licensor at the email address listed in the App Store Overview for this licensed Application. The company does make any guarantees, representations, or warranties about the time frame for a response to any such inquiry, nor does it make any guarantees, representations, or warranties that the response received will solve your issue, question, or complaint.

7. PRODUCT CLAIMS
Made by Windmill, LLC and the End-User acknowledge that Made by Windmill, LLC, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

8. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

9. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Made by Windmill, LLC
7700 Northcross Dr #66035
Austin, TX 78757
United States
rise-support@madebywindmill.com

10. TERMINATION
The license is valid until terminated by Made by Windmill, LLC or by You. Your rights under this license will terminate automatically and without notice from Made by Windmill, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

11. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Made by Windmill, LLC represents and warrants that Made by Windmill, LLC will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

12. INTELLECTUAL PROPERTY RIGHTS
Made by Windmill, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Made by Windmill, LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

13. APPLICABLE LAW
This license agreement is governed by the laws of the State of Texas excluding its conflicts of law rules.

14. MISCELLANEOUS
14.1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

14.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Privacy Policy

Information we collect

Analytics

Information usage

California Online Privacy Protection Act Compliance

Children’s Online Privacy Protection Act Compliance

Information for European Union Customers

International Transfers of Information

Your Consent

Contacting Us

Terms of Service