Last updated: May 28, 2021
Gravvity Group Inc. (“Gravvity”, “we”, “our” or “us”) offers an online chat platform (the “Platform”) that empowers end users to engage and communicate with other end users via audio, video and through the sharing of photos and other messages. After you (“you” or “your”) open an account for the Platform, you are able to access the Platform and other services that we or others may provide to you through or in connection with the Platform (the “Services”). Services provided by others are “Third Party Services”. You will access the Platform through an app named or branded for Gravvity (each, an “App”).
PLEASE READ THESE END USER TERMS (“TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GRAVVITY. THESE TERMS GOVERN YOUR ACCESS TO THE PLATFORM AND THE SERVICES. BY SIGNING UP FOR AN ACCOUNT, BY DOWNLOADING AN APP, OR BY ACCESSING OR USING THE PLATFORM OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE PLATFORM OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE PLATFORM, THE SERVICES, AND THE APPS. YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION.
These Terms are effective on the earlier of the date that (a) you click to accept these Terms, or (b) you first sign up for a Gravvity account, download an App, or otherwise access or use the Platform or the Services. You acknowledge Gravvity’s Privacy Statement located at https://www.gravvity.ai/legal-privacy-policy (the “Privacy Statement”), as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Statement.
1. Your Account. You must register for a Gravvity account via an App to access or use the Platform and the Services. You must provide the information reasonably requested by Gravvity for that purpose. You represent and warrant to Gravvity that you have not misrepresented any information that you have provided to Gravvity in connection with your account. You are responsible for maintaining the confidentiality of your user name and password. Gravvity recommends that you use a strong and unique password and that you change it frequently. Do not reuse passwords. You agree not to disclose your user name or password to any third party. Gravvity may reject, or require that you change, your user name or password. You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify Gravvity immediately. It is your responsibility to update or change your account information, as appropriate.
2. Your Privacy and Personal Information. For a summary of how Gravvity collects, uses and discloses personal information, please see Gravvity’s Privacy Statement. When you use the Platform, the Services, and the Apps, you may also interact with others, such as the provider of a Third Party Service. The others with whom you interact may also collect, use and disclose your personal information. Gravvity’s Privacy Statement only describes how Gravvity collects, uses and discloses your personal information. To understand how others with whom you interact collect, use and disclose your personal information, you must review their privacy policies.
3. Access. You may access and use the end user functionality of the Platform, the Services, and the Apps. These Terms permit you to use the Platform, the Services, and the Apps for your personal use only, and not for any commercial purpose.
4. Additional Terms. You agree to comply with these Terms and with all applicable laws. Some Services and Third Party Services may have additional terms that apply to your use of those Services or Third Party Services (“Additional Service Terms”). You agree to comply with all such Additional Service Terms. Additional Service Terms are available through the Apps, or through the websites of the providers of the Services or Third Party Services.
5. Unacceptable Use. You will not (a) make the Platform, Services or Apps available to, or use the Platform, Services, or Apps for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Platform, Services, or Apps, or include the Platform, Services, or Apps in a service bureau or outsourcing offering, (c) use the Platform, Services, or Apps to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the Platform, Services or Apps to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of the Platform, Services, or Apps, (f) attempt to gain unauthorized access to the Platform or Services, or their related systems or networks, (g) access or use any Gravvity intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of the Platform, Services or Apps or any part, feature, function or user interface of the Platform, Services or Apps, (i) frame or mirror any part of the Platform, Services, or Apps, or otherwise incorporate any portion of the Platform, Services or Apps into any product or service, (j) access or use the Platform, Services or Apps in order to build a competitive product or service or to benchmark with a non-Gravvity product or service, (k) reverse engineer the Platform, Services, or Apps, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the Platform or Services that is (expressly or implicitly) not intended for access or use by you, (m) use any non-Gravvity automation code in relation to the Platform or Services (including any “bot” or “spider”), (n) collect or harvest any information from the Platform or Services in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Platform, Services, or Apps, (p) probe, scan, or test the vulnerability of the Platform, Services, or Apps or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of the Platform or Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to Gravvity or any other person on or through the Platform, Services or Apps.
6. Submitting Information through the Platform. Certain parts of the Platform and Services let you provide information to Gravvity, to other end users and to other providers of Services (including Third Party Services). You agree that (a) all information you provide on or through the Platform (each, a “Submission”) will be true, accurate and complete, (b) you will update each Submission as necessary so that it remains true, accurate and complete at all times, (c) you will not impersonate any person when making a Submission, (d) Gravvity and the providers of Third Party Services are entitled to rely on your Submissions, (e) you will only include the personal information of another individual in your Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law, (f) you will not include any statements or material that in any way infringes on the rights of others, (g) you have obtained at your own expense all necessary consents, rights and permissions required to grant to Gravvity the license provided below, and (h) you will not include in any Submission or otherwise transmit any Malicious Code. By making a Submission, you thereby grant to Gravvity and the providers of the Services an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever, and you hereby waive all related moral rights. For a summary of how Gravvity collects, uses and discloses personal information that might be included in a Submission, please see Gravvity’s Privacy Statement.
7. Apple App Store. The following applies to any App that you obtain from the Apple App Store (an “Apple App”): You acknowledge and agree that these Terms are solely between you and Gravvity, and not with Apple, Inc. (“Apple”) and Gravvity, not Apple, is solely responsible for the Apple App and the content thereof. You may only use the Apple App on Apple branded products that you own or control. You must comply with the App Store Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the App Store Terms of Service, the term of the App Store Terms of Service will prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Gravvity as the supplier of the Apple App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including (a) product liability claims, (b) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Gravvity as supplier of the Apple App. You acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party’s intellectual property rights, Gravvity, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple App, you may direct them to Gravvity at 233-545 King St W, Toronto, ON, M5V 1M1, CANADA, Attention Anja Vukovic, or contact us by email at firstname.lastname@example.org. You agree to comply with all applicable third party terms of agreement when using the Apple App, including your wireless data service agreement. You and Gravvity acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
8. Google Play Store. The following applies to any App you obtain through the Google Play Store (a “Google App”): You acknowledge and agree that these Terms are solely between you and Gravvity, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”). You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store where you obtained the Google App. Gravvity, and not Google, is solely responsible for the Google App. Google has no obligation or liability to you with respect to the Google App or these Terms. You acknowledge and agree that Google is a third-party beneficiary of these Terms.
9. Mobile Device Charges. You are solely responsible for any data charges and similar fees associated with your access or use of the Platform or the Services through a mobile device.
10. Reservation of Gravvity Rights. Gravvity and its licensors and the providers of Services have and will retain all right, title and interest in and to the Platform, Services, and Apps, and the software and systems used to provide them (including all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Platform, Services, and Apps, as applicable. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any trademarks owned or used by Gravvity or by the providers of Services.
11. License to Use Your Feedback. You grant to Gravvity and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.
12. Third Party Services. Some Services are provided by Gravvity and Third Party Services are provided by third parties. You are responsible for all fees and taxes that may be charged for the use of Third Party Services. Your use of any Third Party Services is at your own risk. Gravvity makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. Gravvity does not guarantee the continued availability of Third Party Services, and Gravvity may disable a Third Party Service in Gravvity’s sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, Gravvity expressly disclaims responsibility and liability for all Third Party Services, and you agree that Gravvity shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly. Where you use a Third Party Service, you authorize us to provide your account information to the provider of the Third Party Service to allow the provider of the Third Party Service to contact you.
13. Third Party Content. When you use Third Party Services, content is provided by providers of Third Party Services and other third parties (collectively, “Third Party Content”). You use any Third Party Content at your own risk. Gravvity makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Content. Gravvity does not guarantee the continued availability of Third Party Content, and Gravvity may disable or remove any Third Party Content in Gravvity’s sole discretion. Gravvity expressly disclaims responsibility and liability for all Third Party Content, and you agree that Gravvity shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Content.
14. Links to Other Sites. The Platform or Services may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not been reviewed by Gravvity and are maintained by third parties over which Gravvity exercises no control. Accordingly, Gravvity expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
15. Functionality and Access. Gravvity may at any time, with or without notice, without liability, and for any reason (a) remove any functionality from the Platform or Services, (b) change any functionality on the Platform or Services, (c) modify the Apps, and (d) deny any person access to the Platform or Services. Gravvity furthermore reserves the right to take any action related to the Platform, Services, or Apps that is required to comply with applicable law.
Disclaimer of Warranties and Limitation of Liability.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE PLATFORM, SERVICES AND APPS (INCLUDING, FOR GREATER CERTAINTY, THE CONTENT CONTAINED THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE PLATFORM, SERVICES AND APPS IS AT YOUR OWN RISK. GRAVVITY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS AND OTHER TERMS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE PLATFORM, SERVICES, AND APPS, INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. GRAVVITY MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM, SERVICES AND APPS WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE PLATFORM, SERVICES, OR APPS WILL BE SECURE, OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE PLATFORM AND SERVICES WILL BE FREE OF MALICIOUS CODE. GRAVVITY IS NOT RESPONSIBLE FOR THE SECURITY OF, OR ANY INFORMATION TRANSMITTED TO OR FROM, THE PLATFORM OR THE SERVICES. GRAVVITY MAKES NO REPRESENTATIONS THAT THE PLATFORM OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM OR THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAW. GRAVVITY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY SERVICES OR THIRD PARTY WEB PORTALS OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE PLATFORM, SERVICES, OR APPS. GRAVVITY SHALL NOT BE RESPONSIBLE FOR ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY THIRD PARTY, INCLUDING ANY THIRD PARTY SERVICE PROVIDER. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, SERVICES, OR APPS IS TO STOP USING THEM.
IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF GRAVVITY (AND GRAVVITY’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS, AND THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE PLATFORM, SERVICES OR APPS, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) $100. ANY ACTION COMMENCED BY YOU AGAINST GRAVVITY MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION ARISING.
IN NO EVENT WILL GRAVVITY (OR GRAVVITY’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
16. Indemnity. You will indemnify and hold Gravvity (and Gravvity’s directors, officers, employees, partners, suppliers and agents, and the providers of Third Party Services and Third Party Content) harmless from all Losses arising from your use of the Platform, Services or Apps, or your breach of any of these Terms, and from all Losses resulting from any Submission that is untrue, inaccurate or incomplete
17. Termination and Suspension. If you fail to comply with these Terms, then, without limiting any other right or remedy available to Gravvity, Gravvity may suspend or terminate your access to all or any part of the Platform, Services or Apps, with or without notice to you, and without any liability to you or any other person. Gravvity may suspend or terminate your access to all or any part of the Platform, Services, or Apps, at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If Gravvity terminates or suspends your access to all or any part of the Platform and/or some or all of the Services or Apps, then these Terms will nevertheless continue to apply in respect of your use prior to such termination or suspension.
18. Amendments. The “last updated” legend above indicates when these Terms were last amended. Gravvity may unilaterally amend all or any part of these Terms at any time by updating these Terms on the Platform and providing notice to you. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Platform, Services and Apps within the 30-day notice period, or up to 30 days after the notice period expires, if we have changed these Terms in a way that increases your obligations or reduces our own. If you continue to access or use the Platform, Services or Apps after the applicable 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
19. Governing Law & Jurisdiction. These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform, the Services or the Apps, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and Gravvity each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (i) you agree that Gravvity shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (ii) you agree that Gravvity shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.
20. Injunction. You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Gravvity, such harm would not be quantifiable in monetary damages, and Gravvity would not have an adequate remedy at law. You agree that Gravvity shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Gravvity post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Gravvity to enforce any provision of these Terms.
21. Class Action Waiver. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform, the Services, or Apps, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Gravvity will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
23. Entire Agreement. These Terms, together with any Additional Service Terms, represent the entire agreement between you and Gravvity with respect to use of the Platform and Services, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and Gravvity with respect to any of the foregoing.
24. General. If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Gravvity granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. Failure by Gravvity to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by Gravvity of that or any subsequent default or failure of performance. Gravvity’s affiliates, Gravvity’s directors, officers, employees, partners, suppliers and agents, and Third Party Services and Third Party Content, are third party beneficiaries of the sections titled “Disclaimer of Warranties and Limitation of Liability” and “Indemnity”. Except as otherwise set forth in these Terms, there are no other third party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of Gravvity. Gravvity may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and Gravvity and your and its respective successors and permitted assigns.