Terms of Use

Terms of Use for RewardsWise Mobile Application

The RewardsWise mobile application (the "App") is a copyrighted work belonging to ECHOSTREAM SOLUTIONS INC. ("Company", "us", "our", and "we"). Certain features of the App may be subject to additional guidelines, terms, or rules, which will be posted on the App in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use (these "Terms") set forth the legally binding terms and conditions that govern the use of the App. By downloading, installing, or using the App, or by clicking the "I agree" or similar icon, the user of the App ("you" or "your") acknowledges and agree that you have read, understood, and agree to be bound by these Terms and the Privacy Policy, located at rewardswise.app (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the App or accept the Terms if you are not at least 18 years old. If you do not agree to the Terms, you should not install or use the App or you should stop using the App and uninstall it.

This Agreement requires the use of arbitration (Section 17) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

We reserve the right to update and modify these Terms at any time, so please review them frequently either via the App or by visiting rewardswise.app. Your continued use of the App will signify your acceptance of any changes to these Terms.

Access to the App.

License. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable limited license to use and access the App on any mobile device (“Device”) that you own or control. Without limiting the generality of the foregoing, any access to the App by automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality, is expressly prohibited.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: you may not: (a) sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit or monetize the App, whether in whole or in part, or any content displayed on the App, or otherwise make the App available to any third party without our permission; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (c) access the App in order to build a similar or competitive mobile application, website, product, or service; or (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the App or any portion of the App. Unless otherwise indicated, any future release, update, or other addition to functionality of the App shall be subject to these Terms. All copyright and other proprietary notices on the App (or on any content displayed on the App) must be retained on all copies thereof.

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the App (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or any part thereof.

No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the App.

Ownership. Excluding any Materials that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App and its content are owned by us or by our suppliers. Neither these Terms (nor your access to the App) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. We and our suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

Accounts.

Account Creation. In order to use certain features of the App, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may terminate your Account at any time, for any reason, by following the instructions on the App. We may also suspend or terminate your Account in accordance with these Terms.

Subscriptions. It is free to register for an Account, however we also may offer additional premium subscriptions for you to purchase (a “Subscription”). Details on the costs and the specific services provided with a particular Subscription will be found on the registration page for that Subscription.

We reserve the right to add or remove features or services from a particular Subscription, to add new premium Subscriptions or to stop providing a premium Subscription at any time in our sole discretion. We will provide you notice if we do so.

So long as you maintain an active Subscription, we will continue to honor your then-current pricing for that Subscription. However, if your Subscription ends for any reason, we will no longer honor the original pricing for that Subscription if you try to reinstate it or enter into a new Subscription, although we reserve the right to (but are not obligated to) evaluate the circumstances of the termination or cancellation of your Subscription and determine if we will honor the original pricing. Subject to the foregoing, we may change the prices we charge for Subscriptions from time to time, and will communicate any price changes to you in advance. To the extent any such price changes apply to your Subscription(s), those changes will take effect at the start of the next billing cycle for your Subscription following the date of the price change. As permitted by local law, you accept any applicable new price by continuing to use the App after the price change takes effect. If you do not agree with any price change that is applicable to you, you have the right to reject the change by canceling your Subscription prior to the price change going into effect.

Subscriptions are automatically renewing and unless you cancel it, your Subscription will renew for the same time period at the same pricing as the current Subscription period, subject to the provisions of Section 2.2.2 above. By purchasing a Subscription, you authorize us to charge you, and you agree to pay, on a recurring basis (e.g., monthly or yearly) for the applicable Subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection with your use of the Subscription. To avoid charges for a new Subscription period, you must cancel the Subscription before the end of the then-current Subscription period in accordance with the provisions of Section 9 below or the instructions set forth in the App (if any). If you cancel your Subscription, you may use your Subscription until the end of the period you last paid for, but you will not be eligible for a prorated refund and your Subscription will not be renewed when that period expires. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and access credentials (your “Access Credentials”) and are fully responsible for all activities that occur under your Account. Anyone with knowledge of, or access to, your Access Credentials or the security questions and responses associated with your Account can use that information to gain access to your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Access Credentials and responses confidential, whether such failure occurs with or without your knowledge or consent. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We reserve the right to take any action that we deem necessary to ensure the security of the App and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize activity on your Account. Security Violations. You are responsible for ensuring and maintaining security of your systems and the devices that connect to and use the App, including implementation of necessary patches and operating system updates. You are not allowed to use the App to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party's) server, network, network access, personal computer or mobile devices, software or data, or other system.

Materials and Feedback.

Your Materials. Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you are your “Materials.” You represent and warrant that your Materials are original to you and that you exclusively own the rights to such Materials, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third-party obligations or liability arising out of its exercise of such rights and licenses. All of your Materials are your sole responsibility, and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using our Materials with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Materials in connection with operating and providing the App and any services we provide, subject to the terms of the Privacy Policy. The Company does not guarantee the accuracy, quality, or integrity of any user Materials posted by you or any other user of the App and you agree that the Company will not under any circumstances be liable for any user Materials, including, but not limited to, errors in any user Materials, or any loss or damage incurred by use of user Materials. The Company reserves the right to remove and permanently delete your Materials from the App with or without notice for any reason or no reason.

Feedback. If you provide the Company with any feedback or suggestions regarding the App (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

Acceptable Use Policy.

No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the App.

Third-Party Links & Ads.

No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the App.

Disclaimers.

No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the App.

Indemnification; Release.

Waiver of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGRE

Terms of Service