IMPORTANT – READ CAREFULLY. THIS IS THE END USER LICENSE AGREEMENT BY AND BETWEEN (1) YOU, THE “USER”, WHO IS AUTHORIZED TO UTILIZE RIGER MOBILE APPLICATIONS (the “Apps”), AND (2) RIGER CORPORATION AND ITS AFFILIATES (“RigER” OR “LICENSOR”).
BY USING RIGER MOBILE APPLICATIONS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED USAGE OF THE APPS.
LAST UPDATED: APRIL 29, 2025
1. Definitions.
- “Affiliate” means any person or organization who (i) controls either directly or indirectly a Party; (ii) is controlled directly or indirectly by such a Party; or, (iii) is directly or indirectly controlled by a person who directly or indirectly controls such Party.
- “Agreement” means this End User License Agreement.
- “Authorized User” or “User” means an individual who is designated by the Client to access and use the Services pursuant to this Agreement.
- “Client” means the entity which entered into a Master Services Agreement with the Licensor.
- “Fees”means those fees payable by Client for use of Services as further described in a Services Schedule.
- “Party” means Licensor (or its Affiliate if applicable) or Client and “Parties” means both of them.
- “Apps” means RigER Mobile Applications and includes “RigER24: Field” and RigER 24: Approvals.
- “Services” means services provided by Licensor in accordance with this Agreement and a Services Schedule.
2. Schedules. The following Schedules annexed hereto and incorporated by reference and deemed to be a part of the Agreement:
Schedule “A” – Services Schedule.
3. Grant of License. Subject to the terms and conditions of this Agreement, Licensor grants User a non-sublicensable, non-transferable, non-exclusive, fully revocable license to access and use the Apps solely for internal use and operation of Client upon the terms and conditions contained in this Agreement. For purposes of this Agreement, “use” of the Apps means accessing the Apps over a mobile network.
4. MOBILE APPLICATION Use and App Store Terms. Tae Apps may be obtained from the Apple App Store or Google Play Store (each an “App Distributor”). The User must comply with applicable usage rules set forth by the App Distributor.
App Distributors are not responsible for support or warranty services. RigER remains responsible under this Agreement.
5. Restrictions. The license is granted solely to the User, and not to any parent, subsidiary, or Affiliate of the Client. All rights not expressly granted hereunder are reserved to Licensor. The license does not include (a) derivative products developed by Licensor or anyone else to whom Licensor may license the App, or (b) a license or transfer of any intellectual property rights owned or controlled by Licensor or any Licensor affiliate or subsidiary. The User shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from, or any internal data files generated by the Apps, rent, lease or loan the Apps, or use the Apps in any manner that constitutes a breach of this Agreement or violates any applicable law or regulation, including without limitation any third party copyright or other intellectual property or proprietary right, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6. No Unlawful or Prohibited Use. As a condition of the Apps use, User warrants that they will not use the Apps for any purpose that is unlawful or prohibited by this Agreement. User may not use the Apps in any manner which could damage, disable, overburden, or impair the Apps or interfere with any other Party’s use of the Apps. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through RigER or Licensor.
The following is a non-exclusive list of actions that RIGER considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact RIGER.
- Using the Apps for any activity that violates any local, provincial, state, regional, federal or international law, order or regulation.
- Using the Apps to transmit, distribute, store or access any material (by e-mail, publishing, uploading, posting or otherwise) which is inappropriate, profane, obscene, indecent, pornographic, libelous, harassing, constitutes a threat or encourages bodily harm or destruction of property, or otherwise objectionable or unlawful.
- Using the Apps to transmit, distribute, store or access any material (by e-mail, publishing, uploading, posting, or otherwise) that infringes copyright, trademark, patent, trade secret, or other proprietary rights of any third party. You assume all risks regarding the determination of whether material is in the public domain.
- Using the Apps to make fraudulent offers to buy or sell products, items, or services, or to advance any type of financial/soliciting scams including, but not limited to, “pyramid schemes,” “Ponzi schemes,” “mail bombing,” and “chain letters.”
- Using the Apps to harm or attempt to harm a minor, including, but not limited to, hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful.
- Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
- Disrupting or interfering with the Apps in any way, including through the uploading of files which contain viruses, worms, spyware, malware, or other software or programs that may be damaging to the Apps® or another user’s computer, and/or data.
- Using the Apps to transmit, or to facilitate the transmission of, any unsolicited commercial e-mail or unsolicited bulk e-mail.
- Using the Apps to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Apps or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
- Using the Apps to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Reselling the Apps.
- Using the Apps for any activity that adversely affects the ability of other people or systems to use the Apps or the Internet.
- Using the Apps in any way that could damage or impair RigER’s reputation or goodwill.
7. Ownership. Licensor owns and shall retain all rights, title, and interest in and to the Apps, any updates or maintenance releases, and any related media, documentation, including all copyrights, trademarks, and other Intellectual Property rights thereto. The Apps are protected by the copyright laws of Canada and USA, international copyright treaties and conventions, and other laws, and all rights are reserved.
- Grant of Privilege to Licensor. Client exclusively owns all rights in and to information it stores on the Apps (“Information”). By providing Information, Client grants Licensor a limited, perpetual, irrevocable, non-exclusive, fully paid, royalty-free, sub-licensable, transferable, and worldwide privilege to use, modify, perform, display, reproduce and distribute the information for the sole purpose of operating the Apps and providing related services. Licensor shall also have an unlimited, perpetual, non-exclusive, fully-paid, royalty-free, sub-licensable, transferable, and worldwide privilege to use, incorporate into the Apps, modify, perform, display, reproduce, and distribute any suggestions, enhancement requests, recommendations, or other feedback provided by User relating to the operation or features of the Apps.
- Use Reporting, License Violations and Remedies. Licensor reserves the right to gather data on User’s usage of the Apps to ensure that our products are being used in accordance with the terms of this Agreement. User agrees to allow Licensor, or an authorized agent, to audit User’s use of the Apps. Licensor will provide at least ten (10) days advance notice prior to the audit, and the audit will be conducted during normal business hours. Licensor will bear all costs incurred during the audit, unless the audit reveals that Client has exceeded the level of use. Client will provide reasonable assistance, cooperation, and access to relevant information in the course of any audit. If Client is found in breach of the level of use, Licensor will invoice Client for any past or ongoing excessive use, payable promptly after receipt. Any unauthorized use shall be considered by Licensor to be a violation of this Agreement. Licensor reserves the right to remedy violations immediately upon discovery by any means necessary.
- Liability for Third Parties. Should User make available any software, login identifications, or security credentials, or other means of access to the Apps to third parties, whether deliberately or through error or omission, User agree that any and all use of the Apps by such third parties, regardless of whether such use is specifically authorized or unauthorized by User, shall be legally attributed to User, and User hereby accepts liability for any and all such use.
8. User Responsibilities. Client will (a) be responsible for Authorized Users’ compliance with this Agreement and related documentation, (b) be responsible for the accuracy, quality and legality of Client data, the means by which User acquired Client data, User’s use of Client data with the Services, and the interoperation of any Non-RigER applications with which Client uses Services, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify Licensor promptly of any such unauthorized access or use, (d) use Services only in accordance with this Agreement and applicable laws and government regulations, and (e) comply with terms of service of any Non-RigER applications with which Client uses Services. Access credentials (user name, password, client PIN, whitelisted client IP addresses, access URL, e-mail address, phone number) and access mechanism are for use only by the Client and its Authorized Users, to use the App. These credentials may not be sold, transferred, shared, or sublicensed to anyone else. If the Licensor believes access credentials have been compromised or misused, they may change any or all access credentials or suspend User’s account. Client shall take all necessary steps to ensure an Authorized User’s License access is deactivated in the case of changes to such Authorized User’s employment status.
Any use of the Services in breach of the foregoing by Client or Authorized Users that in Licensor’s judgment threatens the security, integrity or availability of Licensor’s services, may result in Licensor’s immediate suspension of the Services, however Licensor will use commercially reasonable efforts under the circumstances to provide Client with notice and an opportunity to remedy such violation or threat prior to any such suspension.
9. PRIVACY POLICY
By using the Services, you agree to be bound by our Privacy Policy https://riger.us/privacy-policy/, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
10. Privacy and Data Security. Licensor agrees that it shall use best efforts to (i) keep and maintain information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; and (ii) use and disclose information solely and exclusively for the purposes for which the information, or access to it, is provided pursuant to the terms and conditions of this Agreement and not use, sell, rent, transfer, distribute, or otherwise disclose or make available information for Licensor’s own purposes or for the benefit of anyone other than the Client, in each case, without the Client’s prior written consent.
11. Confidentiality. Each Party shall preserve the confidentiality of the other Party’s Confidential Information and treat such Confidential Information with at least a reasonable standard of care. “Confidential Information” means information about business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form, designated or otherwise identified. Confidential Information does not include information that at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under this Agreement, including to make required court filings. On the expiration or termination of the Agreement, the receiving party shall promptly return to the disclosing party all copies, whether in written, electronic, or other form or media, of the disclosing party’s Confidential Information, or destroy all such copies and certify in writing to the disclosing party that such Confidential Information has been destroyed. Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date of acceptance of this Agreement and will expire five (5) years from the date first disclosed to the receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
12. Indemnification by User. The Client shall indemnify, defend, and hold harmless Licensor (and its officers, directors, employees, and agents) from and against any and all claims, suits, liability, damages, losses, costs, or expenses (including reasonable attorneys’ fees) which result from claims that any modifications the User makes to the Apps or any combination of the Apps with other items not approved by Licensor infringes or violation of any third party intellectual property right. In case any action or proceeding is brought against Licensor by reason of any such claim, demand, action, damage, loss, liability, cost, or expense, the User’s duty to defend shall begin upon receipt of written notice identifying the allegations that give rise to this duty to defend and shall be coextensive with the Client’s indemnification obligation.
Licensor shall have no liability under the foregoing indemnity for any Claim of infringement to the extent it arises from:
- Any unauthorized modification to software, Services or documentation made by User;
- The unauthorized combination or use of Software, Services or documentation with other items where the Software, Services or documentation alone would not be infringing; or
- Any claim that software, Services or documentation infringe any Intellectual Property right in which User has an ownership interest.
13. No Warranties. Licensor makes no representation as to the compatibility of the Apps with any specific operating environments or computing device. Licensor licenses the Apps to User on an “as is” basis without any express or implied warranties or representations of any kind, whether oral or written, whether express, implied, or arising by statute, custom, course of dealing, or trade usage. To the maximum extent permissible by applicable law, Licensor disclaims any and all implied warranties or conditions of title, merchantability, fitness for a particular purpose, and non-infringement, with regard to the Apps. The User acknowledges that the operation of the Apps may not be uninterrupted or error-free, and that errors may not be corrected. Licensor is not responsible in any way for any interference, errors, or prevention of the User’s access to or use of the Apps. Licensor is not your accountant and use of the Apps does not constitute the receipt of accounting advice. It is your sole responsibility to determine that the Apps meets the needs of your business and is suitable for the purposes for which it is used. You remain solely responsible for complying with all applicable accounting, tax, and other laws. It is your responsibility to check that the storage of and access to your data via the Apps and the website will comply with the laws applicable to you and your business (including any laws requiring you to retain records).
14. Backup of Data. The Client shall maintain copies of all data and information inputted by the User into the Apps. Licensor shall follow its archival procedures, such as performing scheduled backups, routine daily data recovery or archiving, for User Information, but does not make any guarantees that there will be no loss of data or information. Licensor expressly excludes and disclaims any liability for any loss of the User’s data and information, no matter how such loss was caused.
15. Limitation of Remedies and Damages. To the extent not prohibited by law and except for liabilities directly resulting from Licensor’s gross negligence or willful misconduct, (a) Licensor shall not be liable to the User under this Agreement on any claim (whether in contract, tort, or otherwise) arising out of or relating to this Agreement or any access to or use of the Apps; and (b) in no event shall Licensor be liable to the User for any claim (whether in contract, tort, or otherwise) for any consequential, incidental, or indirect damages, including without limitation damages for loss of business profits and/or business interruption, including but not limited to damages for lost data, or costs of procurement of substitute goods or services, however caused, whether foreseeable or not, arising out of this Agreement, even if Licensor has been advised of the possibility of such damages. Licensor’s liability for any loss or damage suffered by the User as a result of Licensor’s negligence or failure to comply with these terms of use shall be limited in respect of any one incident, or series of connected incidents, to the fees paid by the Client in the previous twelve (12) months.
16. FORCE MAJUERE. In no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
17. INJUNCTIVE RELIEF. The User understands and agrees that its breach of this Agreement will cause RigER irreparable damage for which recovery of money damages would be inadequate, and that RIGER shall therefore be entitled to obtain timely injunctive relief to protect RIGER’s rights under this Agreement in addition to any and all remedies available at law, without the necessity of a bond.
18. COPYRIGHT AND TRADEMARK NOTICES. All trademarks are owned by RigER and its affiliates. The content, organization, graphics, design, compilation, and other matters related to the Apps are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Other than as expressly permitted in the “Grant of License” section above, the copying, redistribution, use or publication by you of any such matters or any part of the Apps, is strictly prohibited. User does not acquire ownership rights to any article, document or other materials viewed through the Apps. The posting of information or materials on the Apps does not constitute a waiver of any right in such information and materials. Some of the content on the Apps may be the copyrighted work of third parties. Nothing contained in the Apps should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by RIGER or any third party.
