Effective Date: 11/30/2023

These Terms of Use, together with the documents referenced herein (collectively the “Terms“), apply to the mobile applications called the “Reliance Application” (the “Battery App“) and the MadJax Lighting Application (the “Lighting App”) (together, the “Apps”). Nivel Parts & Manufacturing Co., LLC (“Nivel” “we,” “us,” or “our“) and its licensors permit you to use the Apps in connection with your use of your related Nivel products, including the Reliance Battery, and subject to these Terms and any applicable rules applied by Apple Inc. (“App Store Rules“) and Google Inc. (“Play Store Rules“) with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes (“App Store“) and https://play.google.com/store (“Play Store“). You (“you,” the Apps user) may only utilize the Apps in accordance with these Terms.

As a customer of Nivel, you may be subject to additional terms presented to you from time to time.  These Terms apply to use of the Apps and do not change or alter any other contract or agreement between you and Nivel. Please refer to your documentation or a Nivel customer service representative for more information regarding any applicable Nivel service or product.

Please read these Terms carefully before downloading, installing or using the Apps. By downloading, installing, accessing, browsing or using the Apps, you accept and agree to these Terms, which bind you legally. The Terms are entered into for the benefit of Nivel and its licensors who may each enforce against you. If you do not agree to these Terms, you are not permitted to use the Apps and you must immediately cease downloading, installing or using the Apps.

Your Representations & Warranties to Nivel

By using the Apps, you represent, warrant, and agree:

By accepting the Terms through your use of the Apps, you certify that you are at least 18 years of age or are at least 13 years of age and are using the Apps under the supervision of a parent or legal guardian that will be bound to these Terms on your behalf.  If you are under the age of 13, you are not permitted to use the Apps. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Apps, including all financial charges and legal liability that such child may incur. You should refer to the Privacy Policy for more information on children’s privacy.

1. You meet all age and eligibility requirements expressed in these Terms;
2. You will only use our services for lawful purposes;
3. You will not impair or harm the proper operation of the Apps;
4. You will provide us with whatever proof of identity we may reasonably request; and
5. Your use of the Apps is in compliance with applicable laws and regulations.

Age Requirements

By accepting the Terms through your use of the Apps, you certify that you are at least 18 years of age or are at least 13 years of age and are using the Apps under the supervision of a parent or legal guardian that will be bound to these Terms on your behalf.  If you are under the age of 13, you are not permitted to use the Apps. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Apps, including all financial charges and legal liability that such child may incur. You should refer to the Privacy Policy for more information on children’s privacy.

Changes to the Apps

No Included Support. Nivel or its licensors may deploy changes, updates, or enhancements to the Apps at any time. Nivel or its licensors may provide maintenance and support for the Apps, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Apps) nor Google (for Android Apps) has an obligation to furnish any maintenance or support services in connection with the Apps. From time to time, updates to the Apps may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the Apps, you may not be able to use the Apps until you have installed the latest version.

Compatibility. The Apps are only available for supported devices and might not work on every device. Any compatible device to which you download the Apps is referred to herein as a “Device”.  Determining whether your Device is a supported or compatible Device for use of the Apps is solely your responsibility, and downloading the Apps is done at your own risk. Nivel does not represent or warrant that the Apps and your Device are compatible or that the Apps will work on your Device.

Accounts

In order to use the remote control features of your Nivel products, you must have or set up an account with Nivel on our apps. As part of the account registration, you will be asked to provide certain personal information. Nivel will only use such personal information in accordance with our Privacy Policy. Your account is solely for your use or the use of the entity or person you represent. By obtaining an account, you agree that you are solely responsible for the confidentiality and security of your account. You are responsible for all activity that occurs under your account, including incurring financial charges.

Setting Configurations. Our Apps offer features available to you via your mobile device, including the ability to access a product’s features and receive messages from Nivel (the “features”). By using the features, you agree that Nivel may change, alter, or modify the settings or configurations on your mobile device in order to allow for or optimize your use of the features.

App Privacy  

Privacy Policy. Our submission of information, including personal information, through or in connection with our Apps (if any) are governed by the terms of our privacy policy as updated from time to time, available at https://madjax.com/privacy-policy/ (“Privacy Policy“).

Location Settings. Some features of our apps require GPS, geo-location or other location-based services to function. By enabling these location-based services on our Apps, you acknowledge that your mobile device and Nivel product location will be tracked and may be shared with others consistent with the Privacy Policy. Our Apps may allow you to disable location-based features or manage preferences related to them; however some features may not function properly.

Third Party Content and Ads

The Apps may contain links to independent third party websites or other applications (“Third Party Sites“). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.  In addition, the service provided by the Apps may include advertisements, and you agree to display advertisements provided by Nivel and third-party suppliers and partners during use of the Apps.

Licensing  

Subject to these Terms, the Privacy Policy and the App Store Rules and Play Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the Apps on the Devices for your personal and internal business purposes. Any other use of the Apps is strictly prohibited.  As between Nivel and you, we reserve all rights in and to the Apps.  Nivel reserves the right to revoke this license at any time, in its sole discretion.

Restrictions

Except as expressly permitted under these Terms, and unless prohibited by applicable law, you agree:

1. Not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Apps, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the Apps’ sharing function;
2. Not to rent, lease, sub-license, loan, distribute, time-share, or translate the Apps in any way;
3. Not to make alterations to, or modifications of, the whole or any part of the Apps, or permit the Apps or any part of it to be combined with, or become incorporated in, any other programs;
4. Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Apps or the content contained within (or provided with) the Apps;
5. Not to sell, resell, or exploit the Apps in whole or in part (including object and source code), in any form to any person without prior written consent from us;
6. Not to remove any copyright, trademark or other proprietary rights notices from the Apps; and
7. That you represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Additionally, you agree:

1. Not to use the Apps in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code(s), including viruses, or harmful data, into the Apps;
2. Not to use the Apps to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
3. Not to use the Apps in a way that could damage, disable, overburden, impair or compromise either our or our licensors’ systems or security or interfere with other users, or restrict or inhibit any other users from using the Apps (including by hacking or defacing the Apps); and
4. Not to collect or harvest any information or data from the Apps or our or our licensors’ systems or attempt to decipher any transmissions to or from the servers running the Apps, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Apps content or reproduce or circumvent the navigational structure or presentation of the Apps without our prior written consent.

Intellectual Property

You acknowledge that (i) all intellectual property rights in and to the Apps, and in any text, pictures, logos, audio and video materials contained in or provided with the Apps, belong to Nivel or its licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, the Apps or its content other than the right to use the Apps in accordance with these Terms.

In the event that you elect to share information with Nivel or its licensors through the Apps, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to so share it, (ii) Nivel and its licensors may utilize the information you supply, in whole or in part, in any manner in connection with the Apps, (iii) any modifications or improvements made to the Apps or Nivel’s products or services as a result of your feedback are owned and controlled solely by Nivel or its licensors, (iv) you have no right, title or interest in or to the Apps as a result of sharing your feedback.

All trademarks, service marks, trade names, and logos are proprietary to Nivel or used by Nivel with the permission of its third party providers. Nothing contained on or in the Apps should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Apps or a website without the written permission of Nivel. Your use of the trademarks displayed in the Apps, or any other content in the Apps, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the Apps in source code form.

Disclaimer of Warranties Related to our Services

YOUR USE OF THE APPS IS AT YOUR SOLE RISK. THE APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NIVEL AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We make no representation or warranty as to the completeness or accuracy of information or content provided in the Apps. Such information is also subject to change at any time without notice.

We do not warrant that the functions contained in the Apps will be uninterrupted or error-free, that defects will be corrected or that the Apps is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Apps.

Outside Events. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.

Device Disclaimer. You assume the entire cost of all necessary servicing, repair or correction in respect of your Device.

Availability

Modification or Suspension. We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Apps or the service provided thereby, without notice for any reason without liability to you, except where prohibited by applicable law.

Internet Services. In addition, you acknowledge that the Apps is provided over the Internet and mobile, Bluetooth or other networks and so the quality and availability of the Apps may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the Apps. In addition, you acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Apps, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Apps.

Limitation of Liability

You agree that you use the Apps and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the Apps.

To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of these Terms or the use, inability to use, or the results of use of the Apps.

Indemnity and Release

To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of the Apps in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the Apps and you agree to assist and co-operate with us in relation to any such claim.

Termination

Nivel may discontinue, suspend or modify the Apps at any time without notice and may block, terminate or suspend your access to the Apps at any time without notice for any reason at its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the Apps and remove it from all applicable Devices.

Third Party Beneficiaries and App Store/Play Store

With respect to downloading the Apps, you agree to comply with the App Store Rules and Play Store Rules, as applicable. These Terms are between you and Nivel or its licensors and not between you and any other party, including Apple for iOS users and Google for Android users. you agree that any claims brought by you arising out of these Terms or your use of the Apps will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, you acknowledge that Apple and Google (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.

General Terms

Governing Law. To the extent permitted by applicable law, these Terms are governed and construed by the laws of the state of Delaware, U.S.A. and you consent to the non-exclusive jurisdiction of the Delaware courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.

Assignment. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.

No Waiver. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies under these Terms are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Agency. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.

Changes. Nivel may change or revise these Terms from time to time at its sole discretion. It will provide notice of material changes to these Terms. Your continued use of the Apps after changes to these Terms constitutes your acceptance of these Terms. Therefore, you must periodically visit this page to review the then-current Terms. Your access and use of the Apps will be subject to the most current version of the Terms.

Entire Agreement.  These Terms constitute the entire agreement between us with respect to your use of the Apps. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.

Contact Us

Nivel Headquarters Address:

3510-1 Port Jacksonville Pkwy

Jacksonville, FL 32226

Email: incquery@nivel.com

Phone: (877) 453-3448