Terms of Use

Updated September 12, 2018

Thanks for using GoVyrl.

Please read these Terms carefully. By using GoVyrl's Applications or Services, visiting our Websites or signing up for an account, you're agreeing to these Terms, which will result in a legal agreement between you and GoVyrl ("Agreement").

GoVyrl, Inc. is headquartered in the State of California in the United States ("we," "us," "our," and "GoVyrl") and operates a variety of Websites and online marketing services and applications, including the Carro application (each an "Application," and together with the Websites and other services, the "Services"). The Services enable our Customers to, among other things, identify and communicate with influential customers for marketing purposes. We also provide other related services, such as real-time data analytics. Find out more about our Services at www.vyrl.co and www.getcarro.com.

As a customer of the Services or a representative of an entity that's a customer of the Services, you're a "Customer" according to this Agreement (or "you").

This Agreement defines the terms and conditions under which you're allowed to use the Services, and how we'll treat your account while you're a Customer. If you don't agree to this Agreement, you must immediately discontinue your use of the Services.

If you have any questions about this Agreement, feel free to contact us.

  1. Eligibility
    1. In order to use the Services, you must:
      • be at least eighteen (13) years old and able to enter into contracts;
      • agree to this Agreement;
      • provide true, complete, and up-to-date information.
    2. By using the Services, you represent and warrant that you meet all the requirements listed above, and that you won't use the Services in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
    3. GoVyrl may refuse services, close accounts of any users, and change eligibility requirements at any time.
  2. Term
    1. When you sign up for the Services and agree to these terms, the Agreement between you and GoVyrl is formed, and the term of the Agreement (the "Term") will begin. The Term will continue for as long as you use the Services, have a GoVyrl account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. By using the Services, or by installing any Application means that you've officially "signed" and accepted the Agreement. If you sign up for the Services on behalf of a company or other entity, you represent and warrant that you have the authority to enter into this Agreement on its behalf.
  3. Termination/Closing Your Account
    1. You or GoVyrl may terminate the Agreement at any time and for any reason by terminating your GoVyrl account or giving notice to the other party. Once the Agreement is terminated, you may no longer user the Services. We may suspend or terminate the Services to you at any time, with or without cause. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term(s) of this Agreement. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease using the Services.
    2. If we terminate your account without cause, and your account is a paid account, we'll refund a prorated portion of your fees paid that are unused. We won't refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement.
    3. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
    4. Any data provided pursuant to the Services ("Service Data") is licensed to you, not sold. Upon termination or expiration of this Agreement, Customer will irrecoverably delete any and all Service Data and any outputs or derivatives derived from such data; provided that Customer will not be required to delete data that was already in Customer's possession prior to obtaining such Service Data. GoVyrl may, upon reasonable advanced notice to Customer, audit Customer's compliance with this requirement at any time within a two-year period following expiration or termination of this Agreement.
    5. We reserve the right to force forfeiture of any username for any reason.
  4. Changes
    1. We may change any of the terms (the "Terms") of this Agreement by posting revised Terms on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Services. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Services. We may change or discontinue the Website, Applications, the Services, or any features of the foregoing at any time.
  5. Account and Password
    1. You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to and any activity occurring in such account, whether or not you authorized that activity. You'll immediately notify us of any unauthorized access or use of your accounts. We're not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. For security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Services, is and will remain complete and accurate.
  6. Account Disputes
    1. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we'll require you to resolve the matter through proper channels outside of GoVyrl.
    2. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.
  7. Payment
    1. Applicable fees, if any, will be set forth in a separate agreement, or presented in connection with your download or continued use of the Services in accordance with the applicable fee agreement at the time. Downloads or continued use as part of an ecommerce store will be subject to the payment provisions of such store's terms of service.
    2. Prices for Services are subject to change at any time.
  8. End User License
    1. The Services are licensed, not sold to you. Your license to the Services is subject to your prior acceptance of this Agreement. Your license to the Services is granted by GoVyrl, and GoVyrl reserves all rights in and to the Services not expressly granted to you under this agreement. This Agreement applies to all updates, substitutions, revisions and copies of the Services.
    2. GoVyrl hereby grants you a limited, worldwide, non-exclusive, revocable, non-sublicensable, nontransferable license to use the Services. You shall not transfer or sublicense any Service Data or rights granted by this Agreement.
    3. This license does not allow you to use the Services with a GoVyrl Account that you do not own, control or are not authorized to act on behalf of. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Services or Service Data. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as prohibited by applicable law or as permitted by applicable open source licensing terms). You may not attempt to, nor assist, authorize or encourage others to circumvent, disable, or defeat any of the security features or components, such as digital rights management software or encryption that protects or otherwise restricts access to the Services. If you breach this restriction, you may be subject to prosecution and civil damages.
    4. Use of the Services requires compatible devices, internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed internet is strongly recommended.
    5. The terms of this Agreement will govern any upgrades that replace and/or supplement the Services, unless such upgrade is accompanied by a separate GoVyrl license in which case the terms of that license will govern.
  9. Proprietary Rights Owned by Us
    1. You will respect our proprietary rights in the Services (proprietary rights include, but aren't limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or Service Data. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use GoVyrl, Carro, Vyrl, or other GoVyrl trademarks and/or variations and misspellings thereof.
  10. Proprietary Rights Owned by You
    1. You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to GoVyrl in the course of using the Services ("Content"). We may use or disclose your Content (including any personal information therein) only as described in these Terms and our Privacy Policy.
  11. Privacy Policy
    1. Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Services.
    2. By accepting this Agreement and installing and/or using the Services, you grant us permission to collect, use and store information and technical data in accordance with our Privacy Policy, including but not limited to information about you and/or your customers (which may include personal information), your device, system and application software.
  12. General Rules
    1. By agreeing to these Terms, you promise to follow these rules:
      • You won't send spam, as it is defined on the Spamhaus website.
      • You won't use purchased, rented, or third-party lists of email addresses.
      • You may use the association of an email address with a social media account for your internal purposes during the term, in accordance with these Terms, our Privacy Policy, your own privacy policy, and applicable law, but you will otherwise keep such association (and related information) confidential, and will not share this information with a third party or otherwise make it public.
      • You will be courteous in your interactions with other Customers.
      • You'll comply with any additional terms presented as part of the Services, which forms part of these Terms.
      • Any data you submit to us during or in connection with your use of the Services, has not been collected, stored, or transferred in violation of any law or contractual obligation applicable to you, and GoVyrl is entitled to use such data as set forth in our Privacy Policy.
      • If the Services will have access to your customer's or employee's data or personal information, you shall cause each customer or employee to consent to the collection, use, storage and transmission of data to third parties prior to the collection of such data in a manner consistent with applicable law.
    2. If you violate any of these rules, then we may suspend or terminate your account.
  13. Reporting Violations
    1. If you think anyone is violating any of these Terms, has sent you spam, or has posted material that violates any protected marks or copyrights, please contact us immediately.
  14. Compliance with Laws
    1. You represent and warrant that your use of the Services will comply with all applicable laws and regulations. You're responsible for determining whether the Services are suitable for you to use in light of your obligations under applicable laws and regulations. You're use of the Services, and downloading and using the software, is at your own risk, and it's your responsibility to consult with a legal advisor to make sure your use of the Services complies with applicable laws.
    2. You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.
  15. No Warranties; Disclaimer; Limitation of Liability
    1. THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

      TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GOVYRL NOR ANY OF ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, LICENSORS, AFFILIATES OR AGENTS (COLLECTIVELY, THE "GOVYRL PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES, PROMISES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (i) THE SERVICES AND ITS RESULTS; OR (ii) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GOVYRL OR VIA THE SERVICES. IN ADDITION, THE GOVYRL PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

      THE GOVYRL PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS (INCLUDING, WITHOUT LIMITATION, VIRUSES); THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS OR DATA) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL; THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

      THE GOVYRL PARTIES SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES SET FORTH HEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

    2. WITHOUT LIMITATION TO THE FOREGOING:UNDER NO CIRCUMSTANCES WILL THE GOVYRL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (i) THE SERVICES; (ii) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (iii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GOVYRL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (iv) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (v) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GOVYRL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE GOVYRL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. GOVYRL SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE GOVYRL PARTIES HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
    3. IN NO EVENT WILL THE GOVYRL PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GOVYRL'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE GOVYRL PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GOVYRL PARTIES. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." GOVYRL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING CUSTOMERS, BRANDS, MEMBERS, INFLUENCERS, VISITORS, CONTACTS, DATA PROVIDERS AND OTHERS, AND YOU RELEASE THE GOVYRL PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
  16. Indemnity
    1. You agree to indemnify and hold the GoVyrl Parties harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold the GoVyrl Parties harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Services, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms or laws or regulations, (v) any misrepresentations made by you, (vi) your breach of these Terms, (vii) a breach of any representations or warranties you've made to us, and (viii) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
  17. Legal Fees and Expenses
    1. If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
    2. If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
  18. Equitable Relief
    1. If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
  19. Third Party Disclaimer
    1. We and our Team aren't responsible for the behavior of any third parties, linked websites, or other Customers.
  20. Notice to U.S. Government End Users
    1. The software, Applications, Website and Services, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:
      • only as Commercial Items,
      • with the same rights as all other end users, and
      • according to the Terms.
    2. Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is GoVyrl, Inc., 200 Spectrum Center Drive, Suite 1260, Irvine, CA 92618.
  21. Assignments
    1. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
  22. Choice of Law
    1. The State of California's laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Services. Any dispute related to the Agreement or the Services itself will be decided exclusively by the state and federal courts in Orange County, California, and each party will be subject to the jurisdiction of those courts.
  23. Force Majeure
    1. We won't be held liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
  24. Survivability
    1. Once this Agreement is terminated, your license to use the Services will be terminated, however, the remainder of the Agreement will survive.
  25. Severability
    1. If it turns out that a section of these Terms isn't enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
  26. Interpretation
    1. The headers are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won't affect the way the Agreement is interpreted.
  27. Amendments and Waiver
    1. Amendments or changes to the Agreement are effective when we post revised Terms on the Website, in the Applications, or elsewhere in the Services. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.
  28. Further Actions
    1. You'll provide all documents and take any actions necessary to meet your obligations under these Terms.
  29. Notices
    1. Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website or elsewhere in the Services. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, GoVyrl, 200 Spectrum Center Drive, Suite 1260, Irvine, CA 92618, or any addresses as we may later post on the Website or elsewhere in the Services.
  30. Entire Agreement
    1. The Agreement and any additional terms you've agreed to make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.
    2. Where there's a conflict between these Terms and any additional terms you have agreed to, the additional terms will control to the extent of the conflict.