Last Updated: January 25, 2025
MyMetrix LLC (“Company,” “we,” “our,” or “us”) provides the uStor mobile application (“App”) and related services (collectively, the “Services”) subject to the following Terms and Conditions (“Terms”). By accessing, downloading, installing, or using the App, you acknowledge and agree to be bound by these Terms. If you do not agree, you must immediately cease using the App.
The App, including any content, code, documentation, and other materials made available to you through the Services, is licensed, not sold, to you by the Company. Your use of the App is governed by these Terms and, if applicable, any platform-specific end user license agreement (“EULA”). In the event of any conflict between these Terms and a platform’s EULA, the terms that provide the greatest protection to the Company shall apply to the maximum extent permitted by law.
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on any compatible device that you own or control, solely for your personal, non-commercial use. You agree not to use the App in any manner that exceeds this scope.
You may NOT:
Sell, resell, rent, lease, distribute, or sublicense the App or any portion thereof.
Copy, modify, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, or create derivative works thereof, except as permitted by law.
Circumvent any technological measures or security features of the App or the Services.
Use the App to harass, abuse, stalk, threaten, defraud, mislead, or harm any individual or entity.
Use the App in violation of any applicable laws, regulations, or third-party rights.
If you create an account, you must provide accurate and complete information. You are responsible for all activity under your account and must keep your login credentials confidential. Notify us immediately at support@mymetrix.co of any unauthorized account use or security breach.
User Content:Any content, data, or information (“User Content”) that you upload or submit to the App remains your property. By providing User Content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, display, modify, and distribute that User Content as necessary to provide and improve the Services.
You acknowledge and agree that:
All data, including User Content, is stored in the cloud and/or on Company-controlled infrastructure.
The Company is not liable for corruption, loss, unauthorized access, or other damage to your User Content.
You are solely responsible for maintaining independent backups of any critical data.
We reserve the right, at our sole discretion, to remove or disable access to any User Content for any or no reason, without liability to you.
The App may integrate or depend on third-party services (including but not limited to Firebase Authentication, Firestore Database, Google Storage, Firebase Functions, and Firebase Crashlytics). We make no representations or warranties regarding these services, and assume no responsibility or liability for their availability, accuracy, or performance. Your use of such services is at your own risk and may be subject to their own terms and privacy policies.
All rights, title, and interest in and to the App, including its code, design, features, trademarks, logos, and other intellectual property, belong solely to the Company or our licensors. Except as expressly granted in these Terms, you acquire no rights in or to our intellectual property.
These Terms are effective until terminated. Your rights will terminate automatically, without notice, if you fail to comply with any provision of these Terms. The Company may also terminate or suspend your access to the App, the Services, or any portion thereof, at any time and without liability, for any reason or no reason.
Upon termination, you must cease all use of the App and destroy all copies of the App in your possession or control. Sections that by their nature should survive termination (including but not limited to Disclaimer of Warranties, Limitation of Liability, and Indemnification) shall survive.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SERVICES, AND ALL RELATED CONTENT OR DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR QUALITY.
NO WARRANTY OF FUNCTION OR RESULTS:WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF ANY CONTENT OR DATA AVAILABLE THROUGH THE APP.
ASSUMPTION OF RISK:YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APP IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE APP. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ANY AUTHORIZED REPRESENTATIVE CREATES A WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATED TO THE USE OF OR INABILITY TO USE THE APP EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IF YOU PAID NO FEES, THE COMPANY’S LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THIS LIMITATION OF LIABILITY APPLIES EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, affiliates, agents, and suppliers from and against all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use or misuse of the App or Services;
Your User Content;
Your breach of these Terms;
Your violation of any applicable law or the rights of any third party.
You may not use, export, or re-export the App in violation of any applicable laws, including U.S. export laws. By using the App, you represent and warrant that you are not located in a country that is subject to U.S. government embargo or on any U.S. government restricted parties list. You agree not to use the App for any purposes prohibited by U.S. law.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Manatee County, Florida, and you waive any objections to such jurisdiction, venue, or inconvenient forum.
We reserve the right to modify, update, or change these Terms at any time. Any changes will become effective when posted. Your continued use of the App after the posting of changes constitutes your acceptance of such changes. If you do not agree with the updated Terms, you must discontinue using the App.
These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and the Company regarding the App. If any provision of these Terms is held invalid, unlawful, or unenforceable, then that provision shall be severed and the remainder of the Terms shall remain in full force and effect.
By using uStor, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
If you have any questions, concerns, or comments about these Terms, please contact us at:
MyMetrix LLC
support@mymetrix.co