Sprout Social™ Mobile Application Terms
Last updated: September 27, 2021
These Sprout Social mobile application terms (“Mobile Terms”) govern your (“you” or “Subscriber”) use of any Sprout Social mobile application (“Mobile Application”) obtained from either Apple, Inc. (“Apple”) via the Apple Store for use on an Apple iOS-powered mobile device (an “iOS App”), or via Google Play by Google, Inc. (“Google”) for use on an Android-powered mobile device (an “Android App”) (each, an “App Distributor”).
- You acknowledge that these Mobile Terms are between you and Sprout Social only, and not with the App Distributor.
- The license granted to you for the Mobile Application is limited to a non-transferable license to use such application on a device you own or control that utilizes the iOS App or Android App, as applicable, and in accordance with the then-current terms of service and usage rules for the applicable App Distributor.
- Sprout Social, and not the applicable App Distributor, is solely responsible for the Mobile Application and the services and content available thereon. You acknowledge that the App Distributor has no obligation to provide maintenance and support services with respect to the Mobile Application. To the maximum extent permitted by applicable law, the App Distributor will have no warranty obligation whatsoever with respect to the Mobile Application.
- You agree that Sprout Social, and not the applicable App Distributor, is responsible for addressing any claims by you or any third-party relating to the Mobile Application or your possession and/or use of the Mobile Application, including, but not limited to: (1) product liability claims; (2) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or other similar legislation, and all such claims are governed solely by the Agreement and any law applicable to Sprout Social as a provider of the Mobile Application.
- You agree that Sprout Social, and not the applicable App Distributor, shall be responsible, to the extent required by the Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the Mobile Application or your possession and use of the Mobile Application.
- You represent and warrant that: (1) 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 (2) you are not listed on any U.S. government list of prohibited and/or restricted parties.
- You agree to comply with all applicable third-party terms of service when using the Mobile Application (e.g., the user of the iOS App or Android App must not be in violation of its wireless data service terms of agreement when using the iOS App or Android App).
- You agree that the App Distributors and their subsidiaries are third-party beneficiaries to this Agreement as they relate to the license of the Mobile Application and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Mobile Terms against you as they relate to the license of the Mobile Application as a third-party beneficiary thereof.
These Mobile Terms are provided by Sprout Social, Inc. located at 131 S. Dearborn St., Suite 700, Chicago, Illinois 60603. Any questions, complaints or claims with respect to these Mobile Terms or the Mobile Application should be directed to firstname.lastname@example.org.