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Terms of Service

End User License Agreement

Introduction and Eligibility

Please read this End User License Agreement and Terms of Use (“Agreement”) carefully before downloading or using the MetreAce device or mobile application.

This Agreement constitutes a legally binding agreement between you, individually and/or on behalf of any user or entity (“you,” “your, and/or “user”), and Metre, Inc. and its affiliates and subsidiaries (“Metre,” “we,” “us,” and “our”).

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As used in this Agreement, “Application” means Metre’s MetreAce mobile application, along with all Internet services under the control of Metre and/or its business partners that are operated in connection with the Application.

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By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement which governs your use of the Application made available to you by Metre. If you do not agree to the terms of this Agreement, do not download or use the Application or MetreAce device.

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BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APPLICATION OR METREACE DEVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU ACCEPT THIS AGREEMENT EACH TIME YOU USE THE DEVICE OR ACCESS THE APPLICATION. IF YOU DO NOT AGREE, THEN YOU MAY NOT DOWNLOAD OR USE THE APPLICATION.

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By installing or otherwise accessing or using the Application, you affirm that you are of legal age to form a binding contract. If you are a minor, you may not use this Application unless your parent or other legal guardian has read and agrees to this Agreement on your behalf and has granted you permission to use the MetreAce device and/or Application. You further affirm that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and that you have not been previously suspended from or removed as a user of the Application.

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Revisions to Terms

Metre reserves the right, at its sole discretion, to modify or replace this Agreement at any time by posting an updated version. You should visit this page periodically to review the most current Agreement. By continuing to access or use our Application or the MetreAce device after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

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License

The Application is licensed, not sold, to you by Metre. Subject to your complete and ongoing compliance with this Agreement, Metre grants you a personal. revocable, non-exclusive, non-transferable, limited license to download, install and use the Application on any compatible device that you own or control solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. Metre reserves all rights not expressly granted to you.

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Restrictions
You agree not to, and you will not permit others to:

  • License, sublicense, sell, rent, lease, lend, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

  • Copy or use the Application or MetreAce device for any purpose other than as permitted under the above section ‘License’.

  • Modify, alter, reproduce, make derivative works of, disassemble, decrypt, decompile, reverse engineer, or attempt to derive the source code of the MetreAce device or Application, any updates, or any part or portion thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Metre or its affiliates, partners, suppliers or licensors of or from the MetreAce device or Application, nor attempt to disable or circumvent any security or other technological measure designed to protect the Application or any content available through the Application.

  • Make the Application available over a network where it could be used by multiple devices or users at the same time.

  • Collect or disclose personal information about another person via the Application or obtained from the Application without the consent of that person, or collect information about users of the Application.

  • Use the Application after your account has been terminated or disabled, without our consent.

  • Use the Application in an illegal way or to commit an illegal act in relation to the Application or that otherwise results in fines, penalties, and other liability to Metre or others.

  • Assist or permit any persons in engaging in any of the activities described above or otherwise prohibited under this Agreement.
     

Use Policies

  • Use of the Application may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are solely your responsibility.

  • Metre collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is referenced below. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

  • The Application may require access to the following services or resources on your mobile device: applicable device identifier, phone state and identity, location, Bluetooth connection, phone contacts list (if you want to send data to third parties), photo and video libraries, camera, and Internet and data services.

  • You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
     

Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services to facilitate its provision of services to you (“Third-Party Services”).

You acknowledge and agree that Metre shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Metre does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. If you use these links, you will leave the Application. Metre is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications, whether or not Metre is affiliated with any third-party websites. You assume all risk and we disclaim all liability arising from your use of third-party websites or applications

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Communications
You consent for Metre to communicate with you through the methods outlined below. You understand that these communications may involve the use and disclosure of your personal information or protected health information (if provided by a HIPPA covered entity) to carry out operations related to the Application and all services under the control of Metre that are operated in connection with the Application. You further understand that you may change your communications preferences with Metre at any time by emailing support@metre.ai, or mailing a written request to the address below. You further agree that you are the primary owner of the email address(es) and telephone phone number(s) associated with this Application, and that any such email addresses and telephone numbers are incorporated by reference into this Agreement.

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Electronic Notifications: By accepting this Agreement, you agree that Metre and its agents may communicate with you electronically regarding security, privacy, customer service, administrative issues, features of the MetreAce device, your use of the Application, and matters that assist Metre in providing services related to the Application. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice via the Application or sending an email to the email address you provided. We may also send you push notifications for those same purposes through the Application itself. Metre is not responsible for the timeliness or final delivery of any electronic message, as this is out of our control and is the responsibility of the cellular telephone operator, other networks or internet providers.

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Email: By accepting this Agreement, you authorize Metre and its affiliates, subsidiaries and agents to deliver or cause to be delivered to the email address you provided marketing and promotional communications. You are not required to consent to receive such emails as a condition of making any purchase. You may unsubscribe at any time by clicking on the unsubscribe link in promotional and marketing emails you receive.

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Text Messages/Cellular Calls: By accepting this Agreement, you authorize Metre and its affiliates, subsidiaries and agents to deliver or cause to be delivered to the cell phone number you provided telemarketing, promotional, and marketing calls and text messages using an automatic telephone dialing system or prerecorded or artificial voice, whether or not your cellular telephone number is contained on any Do-Not-Call list. You are not required to consent to receive such calls or text messages as a condition of making any purchase. You may unsubscribe at any time to receipt of text messages by texting “STOP” in reply to promotional and marketing texts you receive. You may unsubscribe at any time to receipt of calls made using an automatic telephone dialing system or using a prerecorded or artificial voice by sending an email to support@metre.ai or mailing a written communication to Metre at 4133 Lakeshore Ave., Oakland, CA 94610. While Metre does not charge a fee for text messages or cellular calls, your wireless service carrier may charge standard messaging, data, and other fees. You are responsible for such charges.

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Telephone: You consent for Metre to call your home number, mobile number or other alternative number and leave a message on voicemail in reference to any items that assist Metre in providing services related to the Application, regardless of whether your phone number is on any Do Not Call List.

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Intellectual Property
The Application, including without limitation all content, copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Metre.

The contents of the Application include, without limitation, all designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and content (collectively, the “Metre Content”). All Metre Content and the compilation (meaning the collection, arrangement, and assembly) of all Metre Content are the property of Metre or its licensors and are protected under copyright, trademark, and other laws.

You may not download, copy, reproduce, republish, upload, post, transmit, or distribute material made available on or through the Application in any way without written permission of the copyright owner.

You understand and agree that you will not obtain, through use of the Application, any right, title, or interest (including intellectual property rights) in the Application or any content delivered via the Application.

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Suggestions and Submissions
We appreciate hearing from our users and welcome your feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) with respect to the Application. Please be advised that all Suggestions, including but not limited to creative ideas, inventions, or materials you provide to Metre, shall become the sole and exclusive property of Metre; and Metre shall be free to use, copy, modify, publish, redistribute, and otherwise exploit the Suggestions, and any derivatives thereof, for any purpose and in any way without any credit or any compensation to you, throughout the world, in perpetuity.

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No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Metre, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Metre provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

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Without limiting the foregoing, neither Metre nor any of Metre’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon, including the MetreAce device; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or emails sent from or on behalf of Metre are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

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Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

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Medical Information Disclaimer
The Application and MetreAce device are for informational purposes only. Metre is not providing medical advice through the MetreAce device or this Application. The Application and MetreAce device are in no way meant to be a substitute for medical treatment and may not be construed as medical advice, diagnosis, or treatment. Nothing contained in the Application is intended to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your jurisdiction. No action or inaction should be taken based solely on the information made available through the Application or MetreAce device. You should consult with your physician or other appropriate health professionals on any matter relating to your health and well-being. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information provided in the Application.

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Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Metre and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the MetreAce® device and any amount paid by you for the MetreAce mobile application.

To the maximum extent permitted by applicable law, in no event shall Metre or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Metre or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

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Modifications to Application
Metre reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

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Updates to Application

Metre may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

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Updates may modify or delete certain features and/or functionalities of the Application. You agree that Metre has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

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You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

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Indemnification

You agree to defend, indemnify, and hold harmless Metre and its parents, subsidiaries, affiliates, officers, employees, agents, service providers, partners and licensors (if any) from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or arising from (i) your access, use, or misuse of the Application or MetreAce device; (ii) your use of or reliance on any third-party content, (iii) your use of or reliance on any Metre content, (iv) violation of this Agreement or any law or regulation; (v) disputes with other users or third parties; or (vi) violation of any right of a third party. Metre will use reasonable efforts to notify you of any claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Metre is unable to communicate with you in a timely manner because of an inactive email or physical address or telephone number for you, your indemnification obligation will continue notwithstanding Metre’s inability to contact you in a timely manner.

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Governing Law, Arbitration, Class Waiver, and Waiver of Jury Trial
This Agreement and the relationship between you and Metre is governed by the laws of the state of California without regard to its conflict of law provisions that would result in the application of the laws of another jurisdiction. You and Metre agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the MetreAce device or Application under the rules of the American Arbitration Association. Any arbitration between you and Metre, to the extent necessary, will be conducted in Oakland, California and you waive any right to claim that the location is an inconvenient forum. You covenant not to sue Metre in any other forum.

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You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the MetreAce device or Application or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE; AND

  • YOU MUST FILE ANY CLAIM WITHIN ONE YEAR AFTER THAT CLAIM AROSE OR IT IS FOREVER BARRED.
     

Only if this arbitration provision is deemed to be null and void, then all disputes arising between you and Metre under this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Oakland, California, and you and Metre hereby submit to the personal jurisdiction and venue of these courts.

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Export Compliance
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.

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In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

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By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

For U.S. Government End Users
The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

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Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

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Term and Termination
This Agreement shall remain in effect until terminated by you or Metre.

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Metre may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Metre, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

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Termination of this Agreement will not limit any of Metre’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

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Contact Information
If you have any questions about this Agreement, please contact us at:

Address: 4133 Lakeshore Ave., Oakland, CA  94610

Email: support@metre.ai

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Entire Agreement

This Agreement constitutes the entire agreement between you and Metre regarding your use of the MetreAce® device and Application and supersedes all prior and contemporaneous written or oral agreements between you and Metre.

You may be subject to additional terms and conditions that apply when you use or purchase other Metre services, which Metre will provide to you at the time of such use or purchase.

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