RiverAware™ End User License Agreement

Last Updated: September 1, 2024

RiverAware™ (the “App”) is developed by Transcend Engineering and Technology, LLC (“Developer”), 768 S. Main Street, Suite 2, Bethel, Vermont, 05032, United States of America. The App is licensed, not sold, to you by Developer, and your license, and the right to use the App, is subject to your prior acceptance of this End User License Agreement (“EULA”).

Scope of License. Developer grants you a nontransferable license to use the App on any Apple-branded product that you own or control only for personal, noncommercial purposes. The terms of this EULA governs all content accessible on the App as well as upgrades to the App provided by Developer. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. Notwithstanding the foregoing, the App may be accessed and used by other accounts associated with your account via Family Sharing or volume purchasing. You may not transfer, redistribute, or sublicense the App and, if you sell your device that contains the App to a third party, you must remove the App from the device before doing so. You may not copy (except as permitted under this EULA), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as may be permitted by the licensing terms governing use of any open-sourced components included with the App). This App is intended for use only in the United States by persons located therein.
Maintenance and Support. Subject to the Section 9 below regarding “Modifications,” Developer is solely responsible for providing maintenance and support services with respect to the App. Both you and Developer acknowledge and agree that Apple has no obligation whatsoever to furnish any such maintenance or support services.
Consent to Use of Data. You agree that Developer may, in accordance with our Privacy Policy, collect and use (a) your personal information, such as your name and email address, that you provide during account registration; (b) specific location data from your device; (c) technical data and related information (including but not limited to technical information about your device and system), and (d) information about your use of the App.
Termination. This EULA is effective until terminated by you or Developer. Your rights under this EULA will be deemed to have terminated automatically if you fail to comply with any of its terms.
External Services. The App may enable access to Developer’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Developer is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any App or External Service is for general informational purposes only and is not guaranteed by Developer. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Developer.
NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APP AND ANY SERVICES, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, YOU AND DEVELOPER ACKNOWLEDGE AND AGREE THAT, 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, DEVELOPER, NOT APPLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY WARRANTY REQUIRED BY APPLE OR APPLICABLE LAW, YOU SHALL HAVE THE RIGHT TO NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE, IF ANY, THAT YOU PAID FOR THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATIONS 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 DEVELOPER’S SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL DEVELOPER BE LIABLE FOR (A) ANY PRODUCT LIABILITY CLAIM; (B) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; (C) ANY CLAIM ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LEGISLATION; (D) ANY PERSONAL INJURY CLAIM, INCLUDING DEATH; OR (E) ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATED TO ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, EQUITY, OR OTHERWISE) AND EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY, AND UNLESS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL DISTRIBUTOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE MINIMUM AMOUNT REQUIRED BY ANY APPLICABLE STATUTE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE AFORESAID REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Legal Compliance. You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Modifications. Developer reserves the right, at its sole discretion, at any time and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the App or any part thereof, with or without notice. In such event your sole remedy shall be to notify Apple, to request that Apple refund the purchase price, if any, that you paid for the App. Developer may revise this EULA at any time without advanced notice, and you agree that whenever you use the App, you will be bound by the then-current version of this EULA.
Third-Party Terms of Use. You must comply with all applicable terms of agreement with third parties, e.g., you must not be in violation of your wireless data service agreement when using App.
Third-Party Beneficiary. You Developer 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 the EULA against you as a third-party beneficiary thereof.
Governing Law and Dispute Resolution. This EULA and the relationship between you and Developer shall be construed, interpreted, resolved, and governed by the laws of the State of Vermont, excluding its conflicts of law provisions. In the event of any dispute or claim between you and Developer, you and Developer shall attempt in good faith to resolve such dispute or claim via email, failing which such dispute or claim shall be submitted exclusively to the courts of competent jurisdiction serving Windsor County, Vermont, and you and Developer hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and venue, and waive any objection you or Developer may now or hereafter have with respect thereto.

Should you have any questions regarding this Agreement, please contact Transcend at apps-support@transcendengineering.com or by telephone at (802) 788-4154.

RiverAware™ Privacy Policy

Last updated: September 20, 2024

This Privacy Policy describes what information we collect from our Users, what information we store, and how that information is used. A summary is provided in the table below.

“Collect” means information transmitted from your device in a way that allows us and/or our “third-party partners” to access it for a period longer than what is necessary to service the transmitted request in real time. “Third-party partners” for RiverAware™ refers to Apple’s App Store Connect, which provides analytic tools to measure User engagement and app performance, and Firebase, which handles User authentication for the App through email hashing.

Railway Corp. hosts RiverAware™’s “backend” on a virtual private server. “Backend” means the code written by us that processes User and river data, and communicates with the User via their iPhone. Traffic between our backend and the outside world is encrypted using SSL provided by Railway. Because our connection with Railway is both password-protected and encrypted, Railway does not have access to the data we collect.

    
            Data Type
            Definition
            Collected
            Data Use
        

    
            Email Address
            Email address at signup and hashed email address (hashed automatically by Firebase)

            Yes
            App Functionality, Developer Marketing
        

            Search History
            Information about searches performed in the app
            Yes
            Analytics, App Functionality
        

            User ID
            Screen name, account ID, or assigned user ID that can be used to identify a particular user or account.
            Yes
            App Functionality, Developer Marketing
        

            Product Interaction
            App launches, taps, clicks, scrolling information, and other information about how the user interacts with the app
            Yes
            Analytics
        

            Crash Data
            Such as crash logs, backtraces, debugging
            Yes
            App Functionality, Analytics
        

            Performance Data
            Such as launch time (time spent on the app), hang rate, or energy use
            Yes
            App Functionality, Analytics
        

            Other Diagnostic Data
            Data collected for the purposes of measuring technical diagnostics related to the app
            Yes
            App Functionality, Analytics
        

Search History, Product Interaction, Crash Data, Performance Data, and Other Diagnostic Data are collected automatically. A User ID is assigned automatically to your sign-up email address.

Purposes of collecting and using data.

As indicated on the table above, we collect and use data for the following purposes:

App Functionality means that the data is used to authenticate the user, enable features on the app, prevent fraud, implement security measures, minimize app crashes, improve scalability and performance, or perform customer support;

Analytics means that the data is used to evaluable user interaction with the app, so that we can understand the effectiveness of existing features, plan new features, and measure audience size or characteristics; and

Developer Advertising means sending marketing communications (either by email or push notifications) to the app’s users regarding the RiverAware™ app.

What we do not collect.

Your physical address or telephone number;
Your Device ID
Precise location data (information describing your or your device’s location with the same or greater resolution as a latitude and longitude with three or more decimal places); or
Your contacts.

An essential feature of RiverAware™ is its ability for our Users to share hydrograph previews via email, text, or social media. Although the app asks to access your list of contacts, we do not collect that data. Rather, the use of your contacts is restricted to use by you within your device. Your contacts are never transmitted to our backend or to any third party, and we never store it on any of our systems. When a user chooses to share river data, the contact share function uses the operating system’s capability to send a message or make a social media post to any third-party system that (a) the current version of the OS supports, (b) the user has enabled in their sharing preferences, and (c) the user chooses at the time they share that data. RiverAware™ has no control over and is not privy how or to which third parties you may choose to share river data.

Tracking or Sharing.

No data collected by us is shared with third-parties other than our service providers, Apple’s AppStore Connect and Firebase. Only your email address is shared with Firebase in order to provide user authentication. Analytics data is shared with and analyzed by AppStore Connect.

We do not use any data for tracking purposes.

Your data is not linked with Third-Party Data for advertising or advertising measurement purposes, or shared with a data broker.

Data Linked to the User.

You can choose to hide your email address and Apple will create a random email address so your personal email can stay private. This email address will be linked to your use of the RiverAware™ app, and none of the data that is collected automatically will be linked to you in an identifiable way.

Unless you have opted out of providing any identifying information, the information we do collect will be tied to your User ID and actual email address.

Retention of Data

We will retain your email address and data linked to you (unless you have opted out of providing any identifying information) only for as long as is necessary for the purposes set out in this Privacy Policy, and to the extent necessary to comply with our legal obligations, e.g., if we are required to retain your data to comply with applicable laws, resolve disputes, and enforce our legal agreements and policies.

We will also retain Product Interaction and Performance Data for internal analysis purposes. Such data is generally retained for a shorter period of time, except when it is used to strengthen security or to improve the functionality of the app, or if we are legally obligated to retain this data for longer periods of time.

Transfer of Your Personal Data

The data we collect is processed at our offices and in any other place where our service providers are located. This means that the collected data may be transferred to — and maintained on — computers located outside of your state or other governmental jurisdiction where data protection laws may differ than those applicable to your jurisdiction.

We will take all steps reasonably necessary to ensure that your email address and User ID, and any information that is linked to your email address or User ID, are treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to any third party or location unless there are adequate security controls in place.

Your Right to Delete Your Personal Data

You have the right to request that we delete your personally identifying information, including de-identifying or anonymizing any data that may identify or be linked to you.

Disclosure of Your Personal Data

Business Transactions

If Developer is involved in a merger, acquisition or asset sale, your email address and other data linked to you may be transferred. We will provide notice before such data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, we may be required to disclose email address and other data linked to you if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose your email address and other data linked to you in the good faith belief that such action is necessary to:

Comply with a legal obligation;
Protect and defend the rights or property of Developer;
Prevent or investigate possible wrongdoing in connection with the app;
Protect the personal safety of Users of the app or the public; or
Protect against legal liability.

Children's Privacy

We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personally identifying information, please contact us. If we become aware that we have collected such data from anyone under the age of 13 without verification of parental consent, we will take steps to remove that information from our systems.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you via email, push notification, and/or a prominent notice on the app, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, you can contact us by letter at our address set forth above, by email at apps-support@transcendengineering.com, or through the contact provided for this app in the AppStore.