Terms of service

OVERVIEW
Welcome to Vlingo! The terms "we", "us" and "our" refer to Vlingo Inc. ("Vlingo"). Vlingo operates the Vlingo app and website, including all related information, content, features, and tools (the "Services").
These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By downloading, accessing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy . If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ELIGIBILITY AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old. The Services are not available to residents of Texas or Nebraska.
To use the Services, you may be asked to provide certain information, such as your name, email address, and phone number, and to connect your email account. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - THE SERVICES
Vlingo connects to your email account on a limited basis to identify and organize promotional emails, receipts, and order confirmations, and to surface deals to you through the app. We make reasonable efforts to keep the information Vlingo surfaces accurate, but deal availability, pricing, and terms are set by third-party brands and may change or expire without notice. We are not responsible for the accuracy of third-party offers or for your ability to redeem them.
We reserve the right to modify, suspend, or discontinue any feature of the Services at any time, in our sole discretion.

SECTION 3 - EMAIL ACCESS
By connecting your email account, you authorize Vlingo to access your inbox to identify and classify promotional emails, receipts, and order confirmations. Vlingo cannot send email from your account. You may disconnect your email account at any time from your profile settings; doing so may affect features such as your Locker or pending rewards, as described in the app at the time of disconnection.

SECTION 4 - SWEEPSTAKES AND REWARDS
Vlingo may offer sweepstakes, rewards, or similar promotions from time to time. No purchase is necessary to enter or win. Participation is subject to the official rules for each promotion, which are incorporated into these Terms by reference. Rewards are fulfilled as Visa Prepaid rewards or the applicable physical prize, depending on availability, and are subject to the terms of our reward fulfillment partners. Void where prohibited.

SECTION 5 - INTELLECTUAL PROPERTY
The Services, including all trademarks, brands, text, displays, images, graphics, and the design, selection, and arrangement thereof, are owned by Vlingo, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Vlingo or any third party. All rights not expressly granted herein are reserved by Vlingo.
Vlingo's names, logos, product and service names, designs, and slogans are trademarks of Vlingo or its affiliates or licensors. You must not use such trademarks without our prior written permission. Brand names and logos referenced within the Services are the property of their respective owners and their appearance does not imply endorsement of Vlingo.

SECTION 6 - THIRD-PARTY BRANDS AND LINKS
The Services surface offers, deals, and information from third-party brands and may contain links to third-party websites. We do not monitor or control these third parties and are not responsible for the accuracy of their offers, their content, or their practices. If you engage with a third-party brand or website, you do so at your own risk and subject to that party's own terms and policies. Complaints, claims, or questions regarding third-party products or offers should be directed to the third party.

SECTION 7 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here . By using the Services, you acknowledge that you have read our Privacy Policy.

SECTION 8 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to deal descriptions, pricing, promotions, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

SECTION 10 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable law or regulation; (c) to infringe upon our intellectual property rights or the rights of others; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to send spam or unsolicited promotional material through the Services; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which we determine may harm Vlingo or users of the Services.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, extract, sell, or exploit any portion of the Services without authorization; (c) collect or track the personal information of others; (d) use bots, scrapers, or automated tools to access the Services outside of Vlingo's own app functionality; or (e) interfere with, bypass, or circumvent the security or authorization features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.

SECTION 11 - AGENTS
11.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed without direct supervision.
11.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 11.4 below, or if we have requested that the Agent refrain from accessing the Services.
11.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
11.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal that any access, use, or interaction is from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control Agent access to the Services.

SECTION 12 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, in our sole discretion at any time without notice.
The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 13 - DISCLAIMER OF WARRANTIES
The information presented through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information, including deal availability, pricing, or terms set by third-party brands. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY VLINGO, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 14 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL VLINGO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES, INCLUDING ANY DEAL, OFFER, OR REWARD ACCESSED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vlingo and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent. You agree to cooperate in the defense of indemnified claims.

SECTION 16 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms without affecting the validity of the remaining provisions.

SECTION 17 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms and any policies referenced herein constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 19 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Vlingo is headquartered, and the federal and state courts located there shall have exclusive venue and personal jurisdiction over any dispute.

SECTION 20 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 21 - CHANGES TO TERMS OF SERVICE
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to the app or our website. It is your responsibility to check periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at admin@vlingo.co
Our contact information is posted below:
Vlingo Inc.
admin@vlingo.co
2533 S Coast Hwy 101, Ste 210
Cardiff-by-the-Sea, CA 92007
212.203.7225