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End User License Agreement

Effective as of September 23, 2022

Last Updated: Aug 30, 2023

Thank you for selecting Buckets! Please read this Agreement thoroughly. This Agreement is a legal agreement between you and Buckets. By clicking “I Agree” when prompted, or by installing, accessing or using the software, you agree to these terms. If you do not agree to this Agreement, then you may not use this software.

This Software Application End User License Agreement (the “Agreement") is between you, the Customer ("User,” “you,” or “your") and One Part Rain, LLC, D/B/A Buckets, a Utah limited liability company ("Buckets,” “we,” “us,” or “our"). This Agreement describes the terms governing your use of the Buckets software application including content, updates and new releases whether you use a desktop or a mobile platform version (collectively, the “App”).

Definitions

Use and Restrictions

Privacy of User’s Information

Buckets is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

User’s Content

We WILL NOT be monitoring your data or information ("Content"). Once you download the App then you as the User take full responsibility of all of your content that you input into the App. We will not have any access to the App once you download it onto your Device. You are responsible for lost, stolen or unrecoverable Content. We are not responsible for the Content you provide through your use of the App.

License

As long as you meet any applicable payment obligations and comply with this Agreement, Buckets grants you a personal, limited, nonexclusive, nontransferable, revocable license to install and use the App (as a Trial or Full Version) on any number of Devices belonging to you and your immediate family members living in your home. You acknowledge and agree that you have no right, power or authority to make any modifications to the App.

Trial vs. Full Version

Initially, you can download a Trial Version of the App. The Trial Version contains most of the functionality of the Full Version, but with use identified only as a “trial” until the Full Version is purchased. Both versions of the App are available for your use whether or not you are connected to the internet. During use of the Trial Version, you will be prompted to purchase the Full Version. After you purchase the Full Version, an email will be sent to you that will have “License Key” for you to copy and paste directly into the App. Once you paste this License Key into the App, then you will no longer be using a “trial” version, nor be reminded to purchase the Full Version.

Term of License

This Agreement is effective until terminated by Buckets. User may terminate this Agreement by permanently deleting the App and related Content from the Device(s) on which they are stored. This Agreement and User’s license for the App will also terminate immediately if User fails to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the App and related Content, together with all copies thereof. You agree that you will not be entitled to a refund of the Purchase Price upon early termination of this Agreement.

Restrictions

You may transfer and share the App with other individuals. However, you may not transfer the License Key you received upon purchasing the App to another entity or person. User may not lease or rent the App. User may not modify, reverse engineer, decompile, disassemble or create derivative works from the App or assist someone in performing such prohibited acts.

Authorized Users

You are responsible for securely managing your computer passwords for access to the App and to prevent any unauthorized access to the App. You understand and agree that granting access to authorized users to your Content on the App is voluntary and that you are responsible for revoking permissions to access your Content.

Updates

The App may periodically be updated with tools, utilities, improvements, third-party applications, or general improvement updates. User will be notified of such updates and you can decide whether to accept or skip the update.

Communications

Buckets may be required by law to send you communications about the App or other Third-Party Products. User agrees that Buckets may send these communications via email or by posting them on the Buckets website or through a notification within the App.

Using Applications and the Data Transfer Feature

User may have the option to acquire or use other Applications and to authorize use of certain Data Transfer features, including via the App, for which additional fees may apply. Those Third-Party Applications which may be made available to User, including via the App, are subject to the third party’s terms and conditions, including their privacy policy.

User agrees and acknowledges that Buckets has no control over any Third-Party Applications and does not endorse or recommend Third-Party Applications even if they are marketed or distributed via the App or Bucket’s websites or other products. User agrees that the Third-Party Application providers, and not Buckets, are solely responsible for the data transfer, the Third-Party Application’s performance (including technical support), the content on the Third-Party Application provider’s website(s) and their use or disclosure of User’s Content. Buckets will not be liable for any damages, claims or liabilities arising from the third-parties or Third-Party Applications.

Financial Institution Services

User may have access to certain online services that may be available by User’s Financial Institution ("Bank"), including online banking, online payment, online bill-pay, etc. User acknowledges and agrees that we (i) have no access to your Content contained in the App that may be transferred if you access your Bank’s online services; (ii) have no control over the Bank’s services or access to the Bank’s services permitted by your Bank; (iii) do not guarantee that you will be able to use the App with the Bank’s online services; and (iv) will have no liability whatsoever for any actions or inactions on the part of the Bank resulting in your inability to use the App to access your accounts, obtain data, download transactions, or otherwise use or access the Bank’s online services.

The App (including source code) is copyrighted material owned by Buckets and is protected by United States copyright law, trade secret, other intellectual property laws and by international treaties. User agrees that Buckets owns and holds title to the App and all subsequent copies thereof regardless of the form or media, and that all title, ownership rights, and intellectual property rights in the App shall remain with Buckets. User may not copy or otherwise reproduce any part of the App with the exceptions specified herein.

Payment

When you decide to purchase the Full Version, you shall voluntarily enter your email address and credit card information. You may also be requested to enter your full name, address, and phone number, if Paypal is used to make payment.

User Indemnification

Buckets shall not undertake to resolve any disputes or litigation on User’s behalf involving use of the services or products described herein. User agrees that it shall indemnify, hold Buckets harmless and defend Buckets, its suppliers and its resellers from and against any disputes involving use of the App, including all liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys' fee) arising from any claims from anybody that result from or relate to User’s use, reproduction or distribution of the App or User’s breach of any representation, warranty or obligation under this Agreement.

DISCLAIMER OF WARRANTIES

The services and products provided by Buckets under this Agreement are provided “AS IS,” AND YOUR USE OF THE APP IS AT YOUR OWN RISK WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF THE SOFTWARE PROGRAM, FITNESS FOR YOUR PURPOSE OR SYSTEM INTEGRATION; INFORMATIONAL CONTENT OR ACCURACY; NON-INFRINGEMENT; TITLE AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. YOU AGREE THAT ANY EFFORTS BY BUCKETS TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE DISCLAIMER OF WARRANTIES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APP REMAINS WITH YOU. BUCKETS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATION 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. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE APP, WHICHEVER IS SOONER. BUCKETS AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE APP WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

LIMITATION OF REMEDIES

YOU AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY THAT BUCKETS, OR ITS SUPPLIERS OR RESELLERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OF THEFT OF DATA, VIRUSES, SYPWARE, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE APP (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN) OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF BUCKETS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE TO BUCKETS, OR BUCKETS WAS GROSSLY NEGLIGENT. IN NO EVENT SHALL BUCKETS' LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE APP. YOU AGREE THAT ANY EFFORTS BY BUCKETS TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATION OF REMEDIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, Buckets' liability is limited to the greatest extent permitted by law.

Limitation to File Claims

ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Export Restrictions

User agrees not to export the App or any copies thereof or any products utilizing the App in violation of any applicable laws or regulations of the United States. User agrees to indemnify Buckets from liability if User violates any such laws or regulations.

Severability

If, for any reason, any provision of this Agreement is held invalid, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.

Force Majeure

Buckets shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Buckets shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.

Choice of Law

This Agreement shall be construed and controlled by the laws of the State of Georgia. Any dispute concerning or breach of the terms of this Agreement will be governed by the laws of the State of Georgia.

Entire Agreement

This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. Buckets may assign or transfer this Agreement without your consent to an affiliate, a company for the sale of assets or a successor by merger.

By downloading, installing or using any part of the App, you indicate that you have read this Agreement, understand the Agreement, and agree to be bound by its terms and conditions.