IMPORTANT – READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE GINGER SOFTWARE, INC. SOFTWARE (THE “SOFTWARE”) FROM www.GingerSoftware.com
This End-User License Agreement (“EULA”) is a binding legal agreement between you and Ginger Software, Inc. (“Ginger”) for the Software being distributed with this EULA. As used in this EULA, the term “Software” shall include internet-based and other services provided by Ginger, any systems, servers, devices or other items related to Ginger services, any browser extensions distributed by Ginger, any website “widgets” distributed by Ginger which integrate software functionality or limited portions thereof into user websites, and any patches, updates, modified versions, service packs and upgrades which may be provided by Ginger from time to time.
BY CLICKING ON THE “OK” BUTTON BELOW, BY INSTALLING, OR USING THE SOFTWARE OR ANY PORTION(S) THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS EULA AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA. IF YOU SELECT “CANCEL,” THE INSTALLATION PROCESS WILL NOT PROCEED. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE ON ANY DEVICE.
IF YOU ARE NOT THE END USER AND ARE INSTALLING THIS SOFTWARE ON ANY DEVICE ON BEHALF OF THE END USER, YOU WARRANT AND REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE END USER AND TO ACCEPT AND BIND THE END USER TO THE TERMS OF THIS EULA, AND YOU FURTHER AGREE THAT YOU (AND YOUR COMPANY, IF APPLICABLE) SHALL BE LEGALLY OBLIGATED TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS GINGER , ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SOFTWARE, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATED TOGINGER’S PROVISION OF THE SOFTWARE AND RELATED SERVICES.
GRANT OF LICENSE
Subject to your full compliance at all times with the terms and conditions set forth in this EULA, Ginger hereby grants you a limited, personal, non-exclusive, non-transferable license to:
- Download, install and use a single copy of the Software on one hard disk or other storage device of a personal computer or mobile device such as a phone or tablet (each, a “Device”) for the sole purpose of personally using the Software for services provided by Ginger (the “Services”), and for the purposes for which the Software and the Services are provided to you by Ginger (the “Purposes”);
- Use the documentation that accompanies the Software or is available on-line for personal, non-commercial reference purposes only (unless otherwise agreed in writing by Ginger);
- Use either as a “free limited license”, free of charge and limited both in duration and scope of functionality or as a “term license”, at cost, with an extended features list as advertised on the Ginger website.
You may use the Software only as a single product on a single Device. You may not separate its component parts, nor install a copy of the Software on a network storage device or server.
LICENSE EXCLUSIONS AND RESTRICTIONS
The following exclusions and restrictions shall apply at all times to your use of the Software and/or the Services:
- You may not grant access to your account to any other person or entity;
- You may not make any use of the Software in whole or in part that is not expressly permitted by the terms of this EULA;
- You may not sell, assign, rent, lease, sublicense, distribute, market, commercialize, disclose, export, import, act as an intermediary or provider, or otherwise grant any rights to any third party with respect to the Software or any part thereof; You may act on behalf of a company to assign or install the Ginger software for several users in the company only provided you have a written authorization from Ginger Software;
- You may not undertake, cause, permit or authorize any modification of the Software or the creation of derivative works;
- You may not translate, reverse engineer, decompile, disassemble or hack the Software or any part thereof;
- You may not create, distribute or disseminate any obscene or scandalous work, as defined by any applicable law at the time the work is created, using the Software;
- You may not use any of the Software or the Services through an Android platform if you are under the age of 13;
- You may not use any of the Software or the Services in any manner that will or could damage, disable, overburden or impair the Services or that will or could interfere with any other party’s use and enjoyment of the Services; and
- You may not attempt to gain unauthorized access to any service, account, computer systems or computer networks associated with the Services.
Ginger reserves the right, in its sole discretion, at any time and without prior notice, to refuse access to the Services to any individual, company, network, institution or other entity in violation of the terms of this EULA, or to cease providing the Services in whole or in part.
AVAILABILITY OF SERVICES
Ginger does not warrant that the Services will be available 24 hours per day, 7 days per week, nor does it warrant that the Services will be provided properly or completely. If your access to the Services is suspended or interrupted or a fault or defect occurs which prevents your access to the Services, Ginger will attempt to restore access. Ginger will have no liability to you for the unavailability of the Services at any time.
The Software and Services are designed to work with current standard software and operating systems listed on the Ginger website. In the event you install or update to a different version of software or operating systems, there is no assurance that the Software or Services you purchased will work as intended (or at all) with such software or operating systems. In such case, Ginger may provide you with an option to use an updated version of the Software and/or pay an additional fee in order to be able to use the Services with such software or operating systems. In any event, you will not have any claims or demands against Ginger in connection with the Software or Services you purchased not working as intended (or at all) with such software or operating systems.
The Software and the Services are protected by copyright and other intellectual property laws and international treaties. The Software and the Services are licensed and not sold, and you will acquire no ownership rights of any kind or nature whatsoever in the Software and the Services.
Ginger (or its third party providers, if any) reserves all rights, including proprietary rights, not expressly and specifically granted to you in this EULA. Without limiting the foregoing, Ginger (or its third party providers, if any) retains all title, right, and interest in and to the Software, the Services, and all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software, including all patches, revisions, service packs and other updates. The proprietary rights reserved hereby include, without limitation, all patents, patent applications, copyrights, trademarks, service marks, know-how, source codes and any and all other applicable intellectual property rights and interests in and to the Software, the Services and all documentation, translations, enhancements, improvements or other modifications made to or derived therefrom.
The list of third party providers can be obtained by sending a request via email at [email protected]
Ginger may from time to time revise or update the Software with or without any notice to you, including without limitation, updating, changing, redesigning and/or replacing the user interface and/or the user experience. Such revisions and updates will be supplied according to Ginger’s then prevailing policies, which may change from time to time at the sole discretion of Ginger and may be performed by being automatically downloaded and installed on your computer. You acknowledge and agree that Ginger and its affiliates may automatically download and install such revisions and updates on your computer without providing you with any notification.
In addition, you agree to receive emails from Ginger including for service management, feedback requests or marketing communications around Ginger updates and products.
REGISTRATION, PASSWORD AND USER ID
Ginger will not be liable for any unauthorized or fraudulent use of Your User ID or password. You agree to indemnify, defend and hold harmless Ginger and its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Services, from any and all claims, losses, damages and expenses (including attorneys’ fees) relating to your use of the Software or the Services, including unauthorized or fraudulent use of your User ID or password.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND/OR THE SERVICES MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS WHICH COULD CAUSE SYSTEM CRASH OR FAILURE. GINGER RESERVES THE RIGHT TO ALTER THE SOFTWARE AND/OR THE SERVICES AT ANY TIME, AND ANY RELIANCE ON THE SOFTWARE AND/OR THE SERVICES OR THEIR QUALITY OR PERFORMANCE IS AT THE SOLE RISK OF THE USER. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE AND THE SERVICES ARE PROVIDED “AS IS AND WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SERVICES RELATING TO CORRECTIONS, PREDICTIONS OR TRANSLATION) IS ASSUMED FULLY AND EXCLUSIVELY BY YOU. GINGER AND ITS THIRD PARTY LICENSORS, IF ANY, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, RELIABILITY OR AVAILABILITY, OF RESULTS, OF WORKMANLIKE EFFORT, OF FREEDOM FROM VIRUSES, INFECTIONS AND MALWARE, AND OF TITLE AND NON-
INFRINGEMENT, ALL WITH RESPECT TO THE SOFTWARE AND SERVICES. IN PARTICULAR, GINGER DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO USE OF CORRECTIONS, PREDICTIONS OR TRANSLATION FEATURES INCLUDED IN THE SERVICES, IF ANY) WILL BE COMPLETE, ACCURATE AND RELIABLE, AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
LIMITATION OF LIABILITY
In no event shall Ginger or any of its third party providers or their respective officers, directors, stockholders, employees, agents or representatives be liable or responsible for any loss, injury, claim, liability, damage or expense of any kind or nature, including without limitation, direct, indirect, special, exemplary, incidental, or consequential damages or for lost profits, attorneys’ fees, lost savings, lost revenue or business, for any interruption of service or malfunction, error or loss of use of the services or any claim by the end user or any other party, however caused, based on any theory of liability, whether in tort or contract, arising out of or in any way related to the use of or inability to use the software or the services, the provision of or failure to provide support for the software or the services, the performance of the software or the services or any components thereof, however caused, even if Ginger has been advised of the possibility or likelihood of such damages or claim. By using the Ginger software website, you expressly assume all risk that the information and materials on the website may be incomplete, inaccurate, out of date, or may not meet your needs or requirements.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL GINGER’S AGGREGATE LIABILITY UNDER THE TERMS OF THIS EULA AND APPLICABLE LAW EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE LAST 12 MONTHS, IF ANY, FOR THE SOFTWARE AND/OR THE SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT ENLARGE OR EXTEND THESE LIMITATIONS AND THE REMEDIES SET FORTH HEREIN AND THE SAME SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM FOR DAMAGES ARISING IN ANY WAY OUT OF THIS EULA.
IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH ANY OF THE DISCLAIMERS OR LIMITATIONS OF LIABILITY HEREIN IS NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATIONS.
YOUR SOLE AND EXCLUSIVE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE OR THE SERVICES IS TO PURSUE CLAIMS AGAINST GINGER AND ITS THIRD PARTY PROVIDERS, IF ANY, ON YOUR OWN BEHALF, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
TERM AND TERMINATION
SOLELY FOR THE TERM LICENSE: Any license shall be valid for the term contracted (a month, a year or two years) from the date of payment of the license fee and shall automatically be renewed at the conclusion of such period, in accordance with the terms then made available by Ginger (you may receive a reminder). The license shall continue until you notify Ginger of your decision to stop the subscription, by canceling your subscription online, in which case the license will stop at the end of the term for which it was contracted.
FREE TRIAL VERSIONS: some features can be limited for non-registered or registered and free trial users. The limits are set by GingerSoftware to allow users to understand the benefits of the products and can be changed at any time without notice.
SOLELY FOR IOS AND ANDROID USERS: iOS and Android licenses shall be valid for the term contracted through the Apple and/or Android stores. You acknowledge and agree that, with respect to any Ginger App designed for use on an Apple, Inc. iOS-powered mobile device, or for and Android device, if any of the terms and conditions of this EULA are inconsistent or in conflict with Apple/Android applicable instructions for Minimum Terms for Developer’s End UserLicense Agreement, the terms and conditions of Apple/Android stores shall apply.
FOR ALL LICENSES: This license and use of the Software pursuant to this EULA shall be effective until expiration or earlier termination of this EULA. Without prejudice to any other rights Ginger may have, including available legal remedies, this EULA will terminate immediately and automatically if you fail at any time to comply with the terms and conditions set forth herein. You may terminate this EULA at any time by removing the Software from your system and destroying all copies of the Software on your hard drive(s) and other storage media. Upon termination of this EULA for any reason, the license granted herein will automatically terminate and you (i) will cease to have and enjoy any and all rights to use the Software or the Services, and (ii) will remove the Software from all hard drives and other storage media and destroy all copies of the Software in your possession or under your control. The provisions in the Sections of this EULA entitled “PROPRIETARY RIGHTS”, “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES”,
“LIMITATION OF LIABILITY” AND “GENERAL PROVISIONS” will survive any termination of this EULA.
IMPORT AND EXPORT RESTRICTIONS
You acknowledge that the Software may be subject to applicable U.S. and international import and export restrictions, including restrictions imposed by the U.S. Export Administration Regulations as well as end-user, end-use and destination restrictions issued by the U.S. government and the governments of other nations. You agree to comply with all applicable national and international laws that apply to the transport of the Software across national borders or to its use in any such jurisdiction.
Ginger reserves the right to modify the terms of this EULA at any time and from time to time by providing such revised terms to you or by publishing the revised terms on the Ginger Software Website. The terms of any such revised EULA shall become effective within seven (7) days of such publishing or provision to you, unless you sooner expressly accept such revised EULA by clicking on the accept button. The express acceptance by you, or your continued use of the Software or the Services after expiration of the seven (7) days’ notice period shall constitute your acceptance to be bound by the terms and conditions of the revised EULA. You can find the latest version of the EULA at the Ginger Software Website.
The waiver of a breach of any term or condition of this EULA by Ginger shall in no way be construed as a waiver of any other term or breach hereof or as a waiver of any future breach of the same term.
This EULA constitutes the entire agreement between you and Ginger Software relating to the Software and the Services and supersedes any and all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software, the Services or any other subject matter covered by this EULA.
If any provision of these Terms shall be held by a court or tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this EULA shall remain in full force and effect.
To the greatest extent under applicable law, (1) if you acquired the Software in the United States, the laws of the State of New York, United States of America, shall govern the interpretation and enforcement of this EULA without regard to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the federal or state courts within the State of New York, except that Ginger shall have the right to bring an action for injunctive relief in any court of competent jurisdiction; (2) if you acquired the Software in Canada, unless prohibited by local law, the laws of the Province of Ontario, Canada, shall govern the interpretation and enforcement of this EULA without regard to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the federal or provincial courts sitting in Toronto, Ontario, Canada, except that Ginger shall have the right to bring an action for injunctive relief in any court of competent jurisdiction; (3) if you acquired the Software in the European Union, Iceland, Norway or Switzerland, unless prohibited by local law, the laws of France shall govern the interpretation and enforcement of this EULA without regard to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the courts of France, except Ginger shall have the right to bring an action for injunctive relief in any court of competent jurisdiction; and (4) if you acquired the Software in any other country, unless prohibited by local law, the laws of the State of New York, United States of America, shall govern the interpretation and enforcement of this EULA without regards to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the federal and state courts within the State of New York, except Ginger shall have the right to bring an action for injunctive relief in any court of competent jurisdiction. If applicable law prohibits any of the foregoing provisions regarding choice of law or jurisdiction, then the applicable law regarding such matters shall govern the interpretation and enforcement of this EULA and/or jurisdiction for dispute resolution.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “OK” BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY AND IRREVOCABLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA.
Protection of Personal Information
We take appropriate precautions to protect any Personal Information that you submit to us.
Ginger’s user accounts containing Personal Information are secured by user-created passwords.
Ginger uses industry standard measures to protect data that is stored on our user database, and restricts access to such user information to those who are responsible to operate and maintain the Ginger website (www.gingersoftware.com) and the Software and to provide the Services, including employees and service providers of Ginger, such as our customer service personnel and technical and support staffs.
Nature of Personal Data
(1) Registration data
When you sign up for or use our Services, you voluntarily give us certain Personal Data, including: your username, email address, contact and language preferences. If you log into Ginger with a social networking credential, such as with your Facebook or Google account, we will ask permission to access basic information from that account, such as your name and email address. You can stop sharing that information with us at any time by removing Ginger’s access to that account.
(2) Payment data
Payment for use of our Software and Services is handled by recognized third party vendors (e.g., Bluesnap, Google Pay, Apple In-App Purchase Service). We do not collect or store any personal banking or credit card information.
(3) Activity data
When you are not logged in, no personal data is stored by Ginger.
When you are logged in, Ginger stores your personal dictionary to personalise your experience and your most common mistakes to offer personalised learning.
(4) Automatically collected information
When you visit the Ginger website, we collect information including your IP address and standard web log information, such as your browser type and the pages you accessed on our website. We may also automatically collect technical information concerning your mobile device and operating system.
Purposes of the collection of data
We use, process, and store your Information as necessary to perform our contract with you and for our legitimate business interests, including:
- Benefit from an optimized experience
- Benefit from personalized user features such as the Personal Dictionary
- Receive invoices for payments
- Receive emails about product announcements, feature updates, special offers…
Retention of Personal Data
Personal data will be stored as long as your account is active or as long as you use Ginger’s sites or products.
You can choose to delete your personal dictionary terms from your account settings, which will permanently delete them from our servers.
You can choose to delete your account at any time by contacting us on [email protected]
You can share information about your use of Ginger Services on social networks. Ginger cannot be held responsible for the information you disseminate in this context.
We may from time to time disclose data to third parties in the following circumstances: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Ginger seeking such information, or (2) to enforce the terms of the End User License Agreement to which you are bound as a condition to use of the Software or the Services or otherwise to protect our rights in the Software and Services or the rights of other customers to enjoy the benefits of the Software and Services or (3) to our legal or to a party that purchases Ginger or any of its businesses. We do not furnish any Personal Information to any affiliated or unaffiliated third parties; however, we may use data for targeted marketing and promotional offers of other products and services.
Use of Certain Non-Personal Information
The content you share, while using the software, including data on spelling and grammatical writing errors (information regarding writing errors contained in writing samples submitted by you and processed by the Software and the Services) are collected and aggrandized for statistical and analytical purposes to enable us to improve and enhance the Software and the Services. This data and information include compilations of various writing errors but is not associated with particular users.
Links to Other Websites
The Ginger website may contain links to websites maintained by other companies. Ginger is not responsible for privacy policies and/or practices used by other websites. We strongly advise you to read the privacy policies stated on other websites you link to through the Ginger website.
Notifications and Updates
From time to time, we may send you notifications regarding updates to Ginger website, the Software and the Services. We may also communicate with you via email or phone to conduct surveys, provide requested services or with respect to issues relating to your account.
How you can contact us about privacy questions
Last revised: March 23, 2021