This End User License Agreement ("EULA") governs your use of the Dumpster Rental HQ mobile applications for iOS and Android (the "App") provided by Devtech LLC ("Licensor," "we"). By installing or using the App you agree to this EULA, the Terms of Service and the Privacy Policy. If you do not agree, do not install or use the App.
This EULA is between you and Devtech LLC only — not with Apple Inc. ("Apple") or Google LLC ("Google"). Licensor, not Apple or Google, is solely responsible for the App and its content. Where you obtained the App from the Apple App Store, Apple's Licensed Application End User License Agreement applies to the extent this EULA is silent; where terms conflict, the terms below that are more protective of Apple control.
1. Scope of license
Licensor grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the App on Apple-branded or Android devices that you own or control, as permitted by the usage rules of the App Store or Google Play (including Family Sharing or the Google equivalent where offered), solely in connection with a valid Dumpster Rental HQ account and for the internal business purposes of the company that invited you. You may not copy (except as expressly allowed), modify, distribute, sell, rent, lease, lend, sublicense, reverse engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works from the App, except to the extent applicable law expressly permits. Any attempt to do so violates the rights of Licensor and its licensors.
2. Account and company control
Your access to the App is granted by the account owner or administrator of your company. They control what you can see and do (for example, whether you can create orders or collect payments), whether location reporting is required, and can disable your access at any time. Your employer's policies apply to your use of the App at work.
3. Location, camera and notifications
The App may request permission to use your device's location (including in the background while you are clocked in), camera and photo library, and to send notifications, as described in Section 2 of the Privacy Policy. Location is collected only while you are clocked in and is shared with your company's dispatchers and administrators. You can revoke any permission in your device settings; some features will then not work. Do not interact with the App while driving. Routes and ETAs are estimates; you remain responsible for safe and lawful vehicle operation.
4. Consent to use of data
You agree that Licensor may collect and use technical data and related information — including device, system and application software information and peripherals — gathered periodically to facilitate software updates, product support and other services related to the App. Licensor uses this information in a form that does not personally identify you, to improve products and provide services.
5. Maintenance and support
Licensor is solely responsible for providing any maintenance and support for the App, as specified in the Terms of Service or as required by applicable law, at [email protected]. Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App.
6. Warranty
Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The App is provided "as is," and the disclaimers in the Terms of Service apply. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor's sole responsibility.
7. Product claims
Licensor, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks (which the App does not use).
8. Intellectual property rights
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Licensor, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
9. Legal compliance
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
10. Developer name and address
Devtech LLC, Devtech LLC, Attn: Legal, Medina County, Ohio, USA. Questions, complaints or claims with respect to the App: [email protected].
11. Third-party terms of agreement
You must comply with applicable third-party terms of agreement when using the App — for example, your wireless data service agreement, the Google Maps Platform terms for map and routing features, and the Stripe Terms if you collect payments.
12. Third-party beneficiary
Licensor and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. The same applies to Google with respect to Apps obtained from Google Play, to the extent required by Google's terms.
13. Termination
This EULA is effective until terminated by you or Licensor. Your rights under this EULA terminate automatically if you fail to comply with any of its terms, if your company account is closed, or if your administrator removes your access. Upon termination you must cease all use of the App and delete all copies. You may delete your account from the App's Account screen or as described on our Data Deletion page.
14. Governing law
This EULA is governed by the laws of the State of Ohio and the dispute-resolution terms of the Terms of Service, except that nothing in this EULA limits any rights that Apple or Google may have under their own agreements.