MOBILE APPLICATION END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is an agreement between the user ("you" or "your") and the Principal Life Insurance Company (a member company of Principal Financial Group), with its principal place of business located at 711 High Street, Des Moines, IA 50392 ("we," us," or "our") governing your use of the My Principal Lifestylemobile application and all related documentation and services, and any and all upgrades and updates that replace or supplement any of the foregoing (except to the extent accompanied by a separate EULA) (collectively, the "App"). By touching "Accept" or a similar option presented on your mobile device, or by using the App, you agree to the terms and conditions of this EULA, and your agreement is renewed every time you use the App.
Description: The App permits access to and interaction with one or more of our online products and services offered through the My Principal Lifestyle program ("Services") or the My Principal Lifestyle program websites ("Sites"). You grant us permission to receive any information you provide through the App and Sites and to use such information to provide you with the Sites and Services. We reserve the right to change the nature or presentation of the Sites or Services available through the App at any time. The App may not be available on all mobile devices or on all mobile service carriers or providers; and may not be accessible or may have limited functionality over some mobile networks in situations such as, but not limited to, roaming.
Use: The App will not work unless you use it properly. You are responsible for (i) understanding how to use the App, as it may be upgraded or updated from time to time; (ii) using the App only in accordance with all applicable instructions; and (iii) understanding how to use your mobile device. We will not be liable for any losses caused by your failure to use the App or your mobile device properly.
License Grant: Subject to your compliance with this EULA, we hereby grant you a personal, limited, non-transferable, non-exclusive, non-sublicensable, and non-assignable license (the "License") to download, install, and use the App on your mobile device within the United States and its territories, and in those countries where export and use of the App is permitted under United States law and the law of the location where the App is being used. If you obtain a new or different mobile device, you will be unable to use the App until you have downloaded and installed the App to that device.
Participant Health:The App may offer optional physical activity challenges. Your participation in such challenges is strictly voluntary and at your own risk. IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR PARTICIPATION IN PHYISICAL ACTIVITIY CHALLENGES. You should seek medical advice before participating in the My Principal Lifestyle program.
Account Ownership/Accurate Information: You represent that you are the legal owner of any accounts and related information that may be accessed via the App. You represent and agree that all information you provide in connection with your use of the App is accurate, current, and complete, that you have the right to provide such information, and that we have the right to use such information in connection with the applicable Services. You will not misrepresent your identity or account information. You agree to maintain the confidentiality and security of your passwords or PINs for using the App and the Services, and not to share them with others.
Location-Based Information:If you use any location-based feature of the App, you agree that your geographic location and other personal information may be accessed and disclosed through the App. If you wish to hide or revoke access to such information, you must stop using any location-based features of the App.
Export Control: You acknowledge and agree that the App is subject to United States government export control and economic sanctions laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the App. You agree that you will not directly or indirectly use the App in, or export, re-export, transfer, or release the App to, any destination, person, entity, or end-user prohibited or restricted by such laws and regulations without prior U.S. government authorization, in writing or as otherwise permitted by applicable regulation. Without limiting the generality of the foregoing, you agree that you will not use the App in any embargoed or sanctioned country such as Cuba, Iran, North Korea, Sudan, and Syria.
Proprietary Rights: You may not copy, reproduce, distribute, or create derivative works of the App, and you agree not to reverse engineer, reverse compile, or disassemble the App.
User Conduct: You agree not to use the App or any content or information you receive through the App in any way that would: (i) infringe or misappropriate any third-party copyright, patent, trademark, trade secret, or other proprietary right, including but not limited to our or our service provider's rights in the App; (ii) violate any third party's rights of privacy or publicity; (iii) be fraudulent or misleading, including but not limited to impersonating another person or entity; (iv) create liability for us or our affiliates or service providers; (v) be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (vi)be perceived as illegal, offensive, or objectionable (vii) violate any law or regulation, including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising; (viii) interfere with any Service or Site or any mobile or other network connected to the App; (ix) interfere with any other person's use of the App; or (x) gain unauthorized access via the App to any systems or information of others.
User Content: If the App permits you to post or upload content or information to a Service or Sites, including your information from a connected device or social media platform, ("User Content"), you represent and warrant to us that you have the right to post or upload all such User Content, and that such User Content or information will not violate or cause a violation of any of clauses (i) through (x) in the User Conduct section above. You also grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Services, the Sites or the App. We claim no ownership rights in User Content, and this EULA does not restrict any rights you may have to use or exploit such User Content.
No Commercial Use or Resale:The App is for your personal use only, and you agree not to resell or make any commercial use of the App.
Indemnification:You hereby agree to indemnify and hold harmless us and our affiliates and our service providers from and against any and all third party claims, liabilities, damages, expenses, and costs (including but not limited to reasonable attorney fees) caused by or arising out of your use of the App, your violation of this EULA, your violation of any applicable law or regulation, or your infringement of any intellectual property or other right of anyone.
Unclaimed Rewards:Program points must be redeemed by the user during the applicable program period. Any program points available through the Service or Sites that have not been redeemed prior to App cancellation, termination or revocation or prior to program cancellation or completion through the service-related Sites will be forfeited. Program points are non-transferrable.
Limitations:Neither we nor our service providers can anticipate all technical or other difficulties related to the App. Such difficulties may result in loss of data, loss or change of personalization settings, or other interruptions in the Service(s), the App, or the operation of your mobile device. You agree that neither we nor any of our service providers will be responsible for any disclosure of information or content to third parties, or for the timeliness, deletion, misdelivery, or failure to store any user data or personalization settings in connection with your use of the App, and you hereby release us and our service providers from any liability in connection with the foregoing.
You agree that neither we nor our service providers have assumed responsibility for the operation, security, functionality, or availability of any wireless device or mobile network that you use to access the App or any Service via the App, or of the Internet, and you hereby release us and our service providers from any liability in connection with the foregoing.
Information available through the App pertaining to a Service may be different from information that is available when accessing the Service directly via an applicable Site, and may not be current. Information available at a Service-related Site may not be available through the App, may be described using different terminology, or may be more current than the information available via the App. Methods of using a Service via the App, including but not limited to entering information or instructions, may differ from methods for using the Service directly at the applicable Site. You agree that neither we nor our service providers will be liable for any errors or delays in the information presented nor any actions taken in reliance thereon.
Cancellation: We reserve the right to terminate the App and all access to Services and Sites via the App at any time without notice. We may suspend your access to the Services or Sites via the App at any time without notice and for any reason, including but not limited to your non-use of the App. You agree that we and our service providers will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.
Use of Data: We and our service providers will collect and use data and information you provide via the App for purposes of providing the App, the Services accessed through the App, and related functions, such as communications, redemption of points for rewards with third party retailers and to prepare analyses and compilations of aggregate user data that do not identify you (such as the number of users who downloaded and installed the App during a given time period, etc.). The Sites may contain additional provisions regarding our collection and use of your personal information, if any.
Third Party Beneficiaries: You agree that our service providers and the owners, operators, proprietors, and merchant(s) of record of any software application store, distribution website or kiosk/business from which you may have downloaded or otherwise obtained the App ("Application Store") may rely on your agreements and representations in this EULA, and such service providers and Application Store are third party beneficiaries of this EULA with the power to enforce its provisions against you, including but not limited to the liability limitations and warranty disclaimers below with regard to any claim relating to or arising from the App or this EULA.
Limitations of Liability and Warranty Disclaimers:
THE APP IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE APP WILL BE UNINTERRUPTED. YOUR USE OF THE APP AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, OUR LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE APP SHALL NOT EXCEED $10. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing exclusion or limitation may not apply to you.
YOU UNDERSTAND THAT ANY APPLICATION STORE FROM WHICH YOU MAY HAVE DOWNLOADED THE APP MAKES NO WARRANTY WHATSOEVER AND SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CLAIMS RELATED TO OR ARISING FROM THE APP OR THIS EULA, INCLUDING BUT NOT LIMITED TO CLAIMS: (I) IN RELATION TO THE SALE, DISTRIBUTION, OR USE OF THE APP, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APP; (II) FOR PRODUCT LIABILITY; (III) THAT THE APP FAILS TO CONFORM TO ANY LEGAL OR REGULATORY REQUIREMENT; (IV) UNDER CONSUMER PROTECTION LAWS; OR (V) SEEKING DEFENSE AND INDEMNITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Governing Law:This EULA is governed by the laws of the State of Iowa with jurisdiction and venue being in Polk County, Iowa. You agree that referencing, using or accessing the Service via the App constitutes your acceptance of the jurisdiction of state or federal courts in Polk County, Iowa and that any legal action may be brought against you, and any legal action by you must be brought, in state or federal courts in Polk County, Iowa.
Severability:If any provision of this EULA is declared invalid by a court of competent jurisdiction then such provision will be ineffective only to the extent of such invalidity, so that the remainder of such provision and all remaining provisions of this EULA will be valid and enforceable to the fullest extent permitted by applicable law.
U.S. Government Restricted Rights: The App is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the App by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this EULA.