Click Here For Our Return Policy

Terms of Service

Your use of the GrandPad® tablet and related software and services, including any content and functionality available therein (“GrandPad Service”) hosted and maintained by GrandPad, Inc. (“GrandPad”, “We” or “Us”), and any information provided through the GrandPad Service are governed by these Terms of Service (“Terms”), including our website’s Privacy Policy (incorporated herein by this reference and may be reviewed through the link above or in the footer on the main page of our website) and any other terms you agree to in connection with services offered in connection with the GrandPad Service. Please read these Terms carefully before you start to use the GrandPad Service. By using the GrandPad Service, you signify your assent to these Terms. If you do not agree to all of these Terms, do not use the GrandPad Service. The terms “you,” “your,” “user” and “users” throughout these Terms refer to all persons, whether you are an individual or an entity, accessing or using the GrandPad Service for any reason.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the GrandPad Service will mean you accept these modified Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Depending on the GrandPad Services utilized by  you, additional Terms will apply:

GrandPad may enter a services agreement with an organization desiring to obtain the GrandPad Service for the organization’s employees, agents, customers, or other third parties as the organization determines. If the GrandPad Service is provided to you pursuant to such an agreement, the plan fees and other terms of the services and any other related agreement will supersede any conflicting provisions of these Terms. If any future update to these Terms requires any action from you in order to accept the updated Terms, then you may not be able to continue to use the GrandPad Service until you have taken such action.

1. Medical Disclaimer

Neither the GrandPad Service nor the information through the GrandPad website is intended to constitute medical or professional advice. Please contact your medical professional if you have questions about your health or the appropriate care for your medical condition. The information provided through our website and the GrandPad Service is for informational purposes only and is not intended to provide medical information or recommendations. Neither GrandPad nor any of its directors, shareholders, officers, employees, agents or representatives, licensees, or suppliers provide any advice as to the appropriateness or advisability of the GrandPad Service. If you are concerned with the use of or dissatisfied with the GrandPad Service, please immediately discontinue use of the GrandPad Service.

2. No Warranty

The information provided through the GrandPad Service is believed to be accurate, but neither we nor our licensees nor our suppliers warrant or guarantee such accuracy. THE INFORMATION AND THE GRANDPAD SERVICE, INCLUDING WITHOUT LIMITATION ALL DOCUMENTATION FOR THE GRANDPAD SERVICE, IS SUBJECT TO CHANGE WITHOUT NOTICE. THE GRANDPAD SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT GRANDPAD HAS NO OBLIGATION FOR ANY ERRORS OR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE GRANDPAD SERVICE OR THE INFORMATION PROVIDED THROUGH THE GRANDPAD SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, WHILE WE MAY AGREE TO REFUND THE PURCHASE PRICE FOR THE GRANDPAD SERVICE, GRANDPAD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS AND SHALL HAVE NO OTHER LIABILITY OR WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GRANDPAD SERVICE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. NEITHER GRANDPAD NOR ANY PERSON ASSOCIATED WITH GRANDPAD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE GRANDPAD SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER GRANDPAD NOR ANY PERSON ASSOCIATED WITH GRANDPAD REPRESENTS OR WARRANTS THAT THE GRANDPAD SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GRANDPAD SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GRANDPAD SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GRANDPAD SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GRANDPAD SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GRANDPAD IS NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION OR THE GRANDPAD SERVICE. TO THE FULLEST EXTENT PROVIDED BY LAW, GRANDPAD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

3. Ownership, IP 

The GrandPad Service, and all information, content, features, and functionality provided through it, and all derivatives shall be and remain the property of GrandPad or its suppliers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Information includes all information, such as the look and feel of the GrandPad Service, the data files, graphics, text, photographs, drawings, logos, images, sounds, music, video, or audio files part of the GrandPad Service. The GrandPad name, the GrandPad logo, and all related names, logos, product and service names, designs, and slogans used in connection with the GrandPad Service are trademarks of GrandPad or its affiliates or licensors. You must not use such marks without the prior written permission of GrandPad. 

You agree to notify GrandPad immediately in writing of any claim made regarding the GrandPad Service and to cooperate as reasonably necessary, at our expense, in the defense and settlement of such claim. You acknowledge and agree that the GrandPad Service is provided on a plan basis by GrandPad. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the GrandPad Service or the information provided therein. The GrandPad Service is owned by GrandPad and/or licensed from its suppliers and licensors and is provided in conformance to our obligations under any such license terms. No right, title, or interest in or to the GrandPad Service or any content in the GrandPad is transferred to you, and all rights not expressly granted are reserved by GrandPad. Any use of the GrandPad Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

4. Content and Access

The information presented on or through the GrandPad Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user, or by anyone who may be informed of any of its contents.

The GrandPad Service may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided directly by GrandPad, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GrandPad. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We reserve the right to remove or change the GrandPad Service, and any service or material we provide via the GrandPad Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the GrandPad Service is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the GrandPad Service.

We may update the content in the GrandPad Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material in the GrandPad Service may be out of date at any given time, and we are under no obligation to update such material.

5. Links

GrandPad may include hyperlinks on the GrandPad Service to other websites or resources operated by third parties, including advertisers. GrandPad has not reviewed all of the sites linked to the GrandPad Service and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products, or services available on such external websites or resources. If you decide to access any of the third-party websites linked to the GrandPad Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You may link to the GrandPad Service, provided you do so in a way that is fair and legal, complies with these Terms, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent. We may disable all or any links at any time without notice in our discretion. 

You must not cause the GrandPad Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.

6. Grandie AI

As part of the GrandPad Service, you may have access to Grandie AI, an AI-driven conversational service that assists users with various tasks through natural language processing. The Service is designed to provide helpful, accurate, and relevant responses based on user inputs. While Grandie AI strives to provide accurate and reliable information, the service is provided “as is” and “as available” without warranties of any kind. Grandie AI include safety features to block harmful content, you may not attempt to bypass these protective measures. You should not rely on Grandie AI for medical, legal, financial or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional. You understand that Grandie AI may sometimes provide inaccurate content, and you should use discretion before relying or otherwise using content provided by Grandie AI. Content provided by Grandie AI does not represent the views of GrandPad. 

Your Obligations

7. ‍User Account

GrandPad® requires you to create a user account to use the GrandPad Service. If you are under 18, we require you to inform your parent or guardian and have their consent to open a user account. You may update your user account as specified on our website. You agree that you will not use another person or entity’s email address to create an account or create more than one account per platform. 

8. Privacy

All information we collect through the GrandPad Service is subject to our Privacy Policy. 

‍9. Mobile Access

GrandPad allows you to access the GrandPad Service only for your purposes in accordance with these Terms. Any use through or access to the GrandPad through a mobile device (i.e., an iPhone or iPad) is only as permitted by the applicable usage rules set forth in the mobile device’s related application store (i.e., App Store Terms of Service for an iPhone/iPad or an Android device is only as permitted by such Android device’s terms) which you acknowledge that you have had an opportunity to review.

10. Device Data Usage

GrandPad reserves the right to limit data if a user or device is found to be using excessive amounts of data that are not consistent with the primary intent of the GrandPad, which is to assist in keeping seniors connected with their family and friends.

11. Restrictions on Use. Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to):

  1. Send spam, junk mail, chain letters or any other form of unsolicited messages to any third party or other users using the GrandPad Service;
  2. Harvest, collect, gather or assemble information or data regarding other users of the GrandPad Service without their consent;
  3. Transmit through or post on the GrandPad Service unlawful, libelous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors;
  4. Threaten, abuse, disrupt, stalk, harass or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  5. Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of others;
  6. Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
  7. Transmit material containing software viruses, Trojan horses, worms, logic bombs or other harmful or deleterious computer code, files, scripts, agents, or programs;
  8. Interfere with or disrupt the integrity or performance of the GrandPad Service or the data contained therein or attempt to gain unauthorized access to the GrandPad Service, computer systems or networks related to the GrandPad Service;
  9. Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure, or organization) from the GrandPad Service or from any other information by any means whatsoever;
  10. Use any robot, spider, or other automatic device, process, or means or a manual process to access the GrandPad Service for any purpose, including monitoring, copying, downloading, or scraping any of the material in the GrandPad Service;
  11. Attack the GrandPad Service via a denial-of-service attack or a distributed denial-of-service attack;
  1. Distribute, disclose or allow the use of the GrandPad Service in any format through any time-sharing device, service bureau, network, or by any other means, to or by any third party;
  2. Use the GrandPad Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the GrandPad Service, including their ability to engage in real time activities through the GrandPad Service;
  3. Violate the license grant provided pursuant to these Terms;
  4. Create internet “links” to or from the GrandPad Service, or “frame” or “mirror” any of our content that forms part of the GrandPad Service; 
  5. Modify or create a derivative work of the GrandPad Service or any portion thereof;
  6. Disguise, anonymize or hide your IP address or the source of any User Contributions that you may post;
  7. Use the GrandPad Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 
  8. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the GrandPad Service, or which, as determined by us, may harm GrandPad or users of the GrandPad Service, or expose them to liability; or
  9. Otherwise attempt to interfere with the proper working of the GrandPad Service.

‍

12. ‍Charges, Shipping

Unless you acquire the GrandPad Services through another licensee, you are responsible for paying the plan fees, shipping charges, and any tax for the GrandPad Service as noted on our website’s shopping cart, final sales page, Order Form, or Master Service Agreement along with any applicable sales or value-added taxes. You shall not be liable for any taxes based on our net income. Payments may be made in the currencies and via the payment methods specified on our website’s shopping cart, final sales page, Order Form, or Master Service Agreement. You acknowledge that you shall be solely liable for any customs charges. Any shipping options will be as noted on our website’s shopping cart, final sales page, Order Form, or Master Service Agreement. GrandPad may contact the plan’s family members to collect payment if the plan’s original payer fails to respond to outreach. GrandPad may charge interest on overdue undisputed amounts at the rate of 1% per month.

Please ensure the shipping address is correct, as we cannot redirect orders once shipped. Please note that before we can ship the equipment for the GrandPad Service, we may need to confirm your security or other details with your credit card issuer. To avoid delays to your order, please ensure that your billing address matches the address on your card statement and that the cardholder’s name is entered as it appears on the card. Please also ensure that your contact details in your user account are accurate so that we can contact you if necessary.

We reserve the right not to sell the GrandPad Service to you if you request delivery to a country at war, subject to a force majeure event, or currently under sanctions by the United Nations or sanctions or an embargo by the United States. The GrandPad Service is delivered pursuant to a shipment contract, which means that the risk of loss and title for such GrandPad Service passes to you upon our delivery to the carrier.

13. Credit Card Payments

If you elect to pay for the GrandPad Service by credit card, you are responsible for providing a valid credit card number when you pay. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your purchases of the GrandPad Service, including any unauthorized charges incurred prior to your notice to GrandPad of such charges. You agree that we may pass your credit card information and personally identifiable information to our designated service provider (s) to process the credit card payment for the purchase of the GrandPad Service. We will comply, and will ensure that our designated services provider(s) comply with any credit card processing rules and privacy regulations.

14. Accessing the Website and Account Security

You shall be solely responsible for the security, confidentiality, and integrity of all messages and the information you receive, transmit or store via the GrandPad Service and/or your user account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or your password. You agree to bear all responsibility for the confidentiality of your user account and password and all use or charges incurred from use of the GrandPad Service with your user account and password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security of your account.

It is a condition of your use of the GrandPad Service that all of the information you provide as part of the registration and account setup process is correct, current, and complete. Anytime there is a change in the information you have provided, you agree to update us on such change.

‍15. Access Limitations

You shall be solely responsible for providing, maintaining, and ensuring compatibility with the GrandPad Service access requirements, all hardware, software, electrical, or other physical requirements for your use of the GrandPad Service, including, without limitation, telecommunications and internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the internet or to use the GrandPad Service. You acknowledge and agree that from time to time, the GrandPad Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance or repairs or (iii) other causes beyond our control. Additionally, because the GrandPad Service is accessed via the internet or a mobile carrier, you may have connection issues due solely to your internet or telecommunications service provider or other technological access requirements. We are not responsible for any third-party access requirements (e.g., your ISP).

If you breach these Terms, we reserve the right to disable your access to the GrandPad Service, cancel your account, and/or terminate your plan to the GrandPad Service. If we take such an action, you will not receive a refund for any amounts you have already been charged.

GrandPad reserves the right to terminate or suspend your access to the GrandPad Service at any time, for any reason or no reason. 

16. ‍Location Tracking

The GrandPad Services includes technology that enables us to track the tablet’s location. By accepting these Terms, you consent to the use of this location tracking technology. The GrandPad Privacy Policy contains more information on how we use this information.

17. ‍Third Party Software

The GrandPad Service software is developed for and based primarily on the current release of the Android® open-source mobile operating system software. Most Android software components are licensed by GrandPad under the Apache 2.0 software license. You can obtain a current copy of the Apache license at http://www.apache.org/licenses.

‍18. Open Source

The GrandPad Service also includes other free or open source software components licensed under other license agreements. The Android software and other free or open source software components included with the GrandPad Service are referred to in the remainder of this section as the “Open Source Software.” All Open Source Software files contain the original copyright notices and license information provided by the copyright owners. GrandPad hereby grants you a sublicense to use the Open Source Software with the same rights and subject to the same restrictions as apply to GrandPad. The Open Source Software is provided for no additional charge. GrandPad will not use any Open Source Software if doing so would interfere with your use of the GrandPad Service or result in a known violation of the intellectual property rights of the User or any third party. GrandPad maintains a current record of all Open Source Software components and applicable license agreements. GrandPad will provide Users copies of or access to the applicable Open Source Software licenses upon written request.

19. Third Party Service Providers

You acknowledge that GrandPad contracts with third party development, application and data hosting, wireless network services, payment processing, and other technology services providers to provide the GrandPad Service functionality (“Third Party Providers”). For example, all user data and user content is stored at computer data centers operated and maintained by Third Party Providers. GrandPad is responsible for ensuring that the Third Party Providers abide by these Terms. GrandPad is solely responsible for monitoring and supervising all necessary work of the Third Party Providers.

User Contributions

20. Interactive Services

The GrandPad Service may contain messaging, personal profiles, video calls, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the GrandPad Service. All User Contributions must comply with the Content Standards set out in these Terms.

By providing any User Contribution on the GrandPad Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose you provide it for. 

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns and (ii) all of your User Contributions do and will comply with these Terms. You acknowledge that you may have what are known as “moral rights” in your User Contributions, for example, the right to be named as the creator of your entry and the right not to have your work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the User Contributions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not GrandPad, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the GrandPad Service.

21. Monitoring and Enforcement

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the GrandPad Service or the public, or could create liability for GrandPad.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the GrandPad Service. 
  • Terminate or suspend your access to all or part of the GrandPad Service for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the GrandPad Service. YOU WAIVE AND HOLD HARMLESS GRANDPAD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the GrandPad Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You understand that when using the GrandPad Service, you may be exposed to content that you may consider offensive, indecent, or objectionable.

22. Content Standards

These “Content Standards” apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you are concerned that someone else is not complying with any part of these Content Standards or another part of these Terms, or you believe you have been exposed to inappropriate User Contributions, please contact us here: privacy.grandpad.net or via the contact us form.

Limitations On Liability

23. ‍Limitations On Liability For Third-Party Providers

You expressly understand and agree that you have no contractual relationship with any of the third-party providers, including our wireless network services providers and their affiliates and contractors, and that you are not a third-party beneficiary of any agreement between GrandPad and any third-party provider, including all wireless network carriers. In addition, you acknowledge that all third-party providers, including our wireless network service providers and their affiliates and contractors, shall have no legal, equitable, or other liability of any kind to any user, and you hereby waive and disclaim any and all claims or demands of such nature.

You acknowledge and agree that any third-party service providers, including any third-party mobile application store providers, (collectively “third-party providers”) have no obligation for any warranty, express or implied of any kind whatsoever (including without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the GrandPad Service and/or information provided under these terms.

You further acknowledge and agree that while such third-party providers may agree to refund the fees paid for the GrandPad Service and/or information provided under these terms, such third-party providers, to the maximum extent permitted by applicable law, shall have no other warranty obligation whatsoever with respect to the GrandPad Service and/or information provided. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty under these terms will be solely as permitted under these terms.

24. Damage Limitation

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GRANDPAD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE GRANDPAD SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE GRANDPAD SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. GrandPad, its suppliers, and agents shall be liable only to the extent of verifiable, actual damages incurred by you directly related to the fees you paid for the GrandPad service subject to the Refund Terms. You acknowledge and agree that neither GrandPad nor its affiliates, or their licensors, service providers, employees, agents, officers, or directors are liable for any personal injury, including death, caused by your use or misuse of the GrandPad service. Any claims arising in connection with your use of the GrandPad Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. If you are dissatisfied with the GrandPad Service, your sole and exclusive remedy shall be the limited refund right and for you to discontinue use of the GrandPad Service. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

25. ‍Bargained For Basis

You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms and neither the information nor the GrandPad Service would be provided to you absent such limitations of liability.

Miscellaneous Provisions

‍‍26. Indemnification

You understand that you are solely responsible for (and that GrandPad has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which GrandPad may suffer) of any such breach. You agree to defend, indemnify, and hold harmless GrandPad, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your User Contributions, or your use of any information obtained from the GrandPad Service. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

27. Compliance with Law

You agree that you will not use the GrandPad Service for activities prohibited by state, federal, or your country’s law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to 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. GrandPad makes no claims regarding the GrandPad Service outside the United States. If you access the GrandPad Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

28. Agreement

These Terms and any documents referred to herein constitute the entire agreement and understanding between you and GrandPad with respect to the subject matter hereof and supersede all prior agreements, understandings, inducements, and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of you and GrandPad, our successors, and assigns. These Terms and your user account may not be assigned with our express, prior written consent, which may be withheld at our sole discretion. We may, without restriction, assign any of our rights and obligations under these Terms, at our sole discretion. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested; or (iii) delivered via email with confirmation of receipt. Notices to GrandPad shall be made through our website. GrandPad is headquartered in the State of Minnesota.

29. Governing Law

These Terms and the resolution of any dispute related to these Terms or the GrandPad Service shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law.

30. Arbitration; Collection; Venue

Except as provided below, any controversy or claim arising out of or relating to these Terms will be settled by arbitration in Olmsted County, Minnesota, at a time and location designated by the arbitrator. Arbitration will be conducted by the American Arbitration Association in accordance with its Rules of Commercial Arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be selected from a panel of persons having experience with and knowledge of the computer industry and technology services. Nothing herein contained will bar either party from seeking equitable remedies in a court of appropriate jurisdiction. If GrandPad successfully enforces these Terms under arbitration or court action, you must pay reasonable costs and expenses of the arbitration or other action, including reasonable attorney’s fees and costs. Any legal action related to these Terms, the Information or the GrandPad Service shall be brought in a state or federal court of competent jurisdiction sitting in Olmsted County, Minnesota.

31. No Waiver; Severability

GrandPad’s failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.

32. Comments and Concerns

This website is operated by GrandPad, Inc., 680 Byron Main Court NE, Lower Level, Byron, MN 55920.

All feedback, comments, requests for technical support, questions about these Terms and other communications relating to the GrandPad Service should be directed to: privacy@grandpad.net Any ideas, suggestions, and feedback about the GrandPad Service that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

Copyright © 2024 by GrandPad, Inc. All rights reserved.
Last revised: October 10, 2024.

‍