AQUEOUS END USER LICENSE AGREEMENT

ATTENTION: PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY ACCEPTING THIS EULA, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE EULA AND YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE EULA; AND AGREE TO BE LEGALLY BOUND BY THE EULA. IF YOU DO NOT ACCEPT THE EULA, DO NOT USE THE SOFTWARE (AS DEFINED BELOW). THIS IS A LEGALLY BINDING AGREEMENT.

This End User License Agreement (“EULA” herein), which creates a legal agreement that incorporate both the Terms of Service and Privacy Policy between you (“you”, “your” or “User” herein) and the Aqueous mobile and web app and it's development team (“Aqueous”, “we”, “us” or “our” herein) for use of Aqueous mobile software applications, including the associated website located at https://aqueous.me, any associated software updates, supplements, enhancements and/or upgrades (if any and if provided without a separate EULA), media, printed materials and electronic documentation (collectively, the “Software”, “Service” or “App” herein). By clicking the relevant box to acknowledge your agreement, or by installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Software. We may from time to time revise this EULA (including by moving, augmenting or deleting portions of the terms that govern your use of the Software). You agree to take responsibility to periodically review the terms and conditions with each software update to insure you agree to any revisions of the EULA. You are bound by any such revisions and should therefore periodically read this text to review the then-current version of the EULA. Notwithstanding the foregoing, any amendment to this EULA shall not apply to any dispute between you and us arising prior to the date of the posting of such amendment. If you do not agree with this EULA, you are not authorized to use the Software. Your use of the Software following any changes constitutes your agreement to be bound by the EULA, as changed. In the case of any violation of these basic terms, we reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all of your visits to and use of the Software, both now and in the future.

TERMS OF SERVICE

1. TERMS OF SERVICE & PRIVACY POLICY

The Terms of Use and Privacy Policy apply to the use of the Software licensed under this EULA. The terms and conditions set forth in the Terms of Use and the Privacy Policy are incorporated herein by this reference.

2. MEDICAL DISCLAIMER

THIS SOFTWARE DOES NOT OFFER MEDICAL ADVICE OR OPINION. ANY CONTENT ACCESSED THROUGH THE SOFTWARE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SUGGESTIONS OFFERED SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER PRIOR TO USING THIS SOFTWARE.

The data contained and/or generated by the Software, including the suggestions, text, images, and graphics, are for informational purposes only. Use of the Software is not intended to be a substitute for professional medical judgment or advice and you should promptly contact your own health care provider regarding any medical conditions or medical questions that you have. As this app is not provided by a licensed physician and is not responsible for any potential physical or bodily damages to the user because of improper water uses and/or excessive water consumption. It is up to the user to monitor their water consumption per day and should consult with a physician. The daily water calculator is only a suggestion tool, as a how much water calculator for an individual’s daily consumption of water, and it’s not a medically approved guide. One should also take note of their current health, such as medical conditions, medications, a healthy weight, and lifestyle habits, which can have various reactions with a change in intake water and which could include refilling at various water resources. The information contained and/or generated in the Software delivers similar information to that of a textbook or other health resource. We accept no responsibility for the correctness of any diagnosis based in whole or in part upon the use of the Software. You are specifically requested to consult a physician before utilizing the suggestions provided by the Software and you here by agree to indemnify us for any failure on your part in seeking such medical advice from a physician prior to using the Software.

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SOFTWARE AND/OR SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY US AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SOFTWARE AND/OR SERVICES.

3. REPRESENTATIONS CONCERNING AGE AND JURISDICTION

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited. Those under the age of eighteen (18) are not permitted to use the Software without the direct supervision of a responsible adult (over the age of 18), a parent or a guardian.

4. LICENSE

Subject to Your compliance with the terms and conditions of this EULA, the Software grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website or by downloading and installing the Software. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. The Services, including the Website and the the Software, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of the Software. Except as expressly set forth herein, this EULA grants You no rights in or to the intellectual property of the Software or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of the EULA. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

When accessing the Services through the Software that were downloaded from an app store or app distribution platform, (the “App Provider”), You acknowledge and agree that: (a) this EULA is concluded between us, and not with the App Provider, and that we are solely responsible for the Software (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Software; (c) in the event of any failure of the Applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Software to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Software, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Software or your possession and use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the Software or your possession and use of that Software's infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Software, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Software against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the Software.

5. LICENSE LIMITATIONS

Your license to use the Software is subject to certain limitations. Specifically, you agree not to:

6. INTELLECTUAL PROPERTY RIGHTS

As set forth in the Terms of Use, all rights, title and interest worldwide, including all associated intellectual property rights in and the Software, it's Service and proprietary formula are owned by and remain the sole property of Dr Ash Alom at all times. Usage of the Software or the purchase of the non-ad based licensed Software does not constitute an ownership of the Software by yourself, or by the device or purchase maker.

7. PROHIBITED BEHAVIOR

You agree to use the Software solely for your own lawful personal or business needs. You are responsible for any content, data, or file content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit and/or collect and/or store using the Software (collectively, “User Content”) and you shall not take any unlawful or improper actions with respect to such User Content in violation of our or any third parties' rights or applicable laws. You agree not to use the Software to engage in any illegal behavior as governed under your jurisdiction.

You recognize and agree that we cannot and do not monitor or control the material or other communication transmitted or distributed by any of its users or others who use the Software or any related websites or other online services, or the actions, omissions or activities of its users, recipients of content or other communication, or other third parties, and cannot prevent such exposure or other harm to you or others. The Software shall not be liable for any such communications, actions, omissions, or activities or any damage or harm directly or indirectly resulting therefrom. THE CONTENT TRANSMITTED OR DISTRIBUTED THROUGH THE SOFTWARE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT WITH YOUR PHYSICIAN AND/OR PARENT/GUARDIAN BEFORE RELYING ON IT.

8. THIRD PARTY SOFTWARE

The Software may be incorporated into, incorporate itself into, be distributed with or provide links to software or other technology owned or controlled by third parties. Any and all such third-party software or other technology will be subject to you explicitly accepting a license agreement with the applicable third party, as well as the terms of this EULA. You agree to comply with all applicable terms and conditions of such third-party license agreements. You acknowledge and agree that neither we nor its affiliates are responsible or liable for such third-party software or technology; you shall look solely to the applicable third party and not to us or its affiliates to enforce any of your rights with respect to such third-party software or technology.

9. NO WARRANTY

THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS SPECIFICALLY DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUALITY AND/OR PERFORMANCE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE'S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INTERNET WILL BE AVAILABLE, THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT ALL YOUR COMMUNICATION WILL BE SECURE OR DELIVERED TO YOUR RECIPIENTS, WHETHER THEY ARE YOUR INTENDED RECIPIENTS OR OTHERWISE, OR THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION), CONTENT AND/OR FILES STORED AND/OR ARCHIVED IN THE SOFTWARE OR ON OUR SERVERS WILL BE AVAILABLE, ACCESSIBLE, SECURE AND/OR ACCURATE. WE WILL NOT BE LIABLE FOR ANY OF THE FOREGOING. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITIES

NEITHER WE NOR ANY OF ITS LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE TO USE THE SOFTWARE.

You acknowledge and agree that from time to time the App may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which we may undertake from time to time, service malfunctions and causes beyond our reasonable control or which are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.

11. MEMBERSHIP CREDENTIALS

To protect your personal information, access to the Software may require submission of login and password information to create a user Account. The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately take all reasonable action to change or reset your membership credentials in the event that: (i) your password is lost or stolen; or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Software. We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

12. REGISTRATION DATA

You may be required or permitted to register with us to access the Software or certain features thereof. We may refuse to grant you, and you may not use, a username (or eMail address) for such registration that is already used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of another person; that is offensive; or that we reject for any other reason in our sole discretion. Your username and password are for your personal use only; you agree not to disclose or transfer your username or password (or sell, lend or otherwise share or transfer your access to or use of the Software) to any third party. You are responsible for maintaining the confidentiality of your username and password. You agree to immediately take all reasonable action to change or reset your membership credentials should you suspect any unauthorized use of your membership credentials or any other breach of security related to your account or the Software, and to ensure that you “logout” and exit your account with the Software (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations; you are fully and solely responsible for all interactions with the Software that occur in connection with your account.

13. SUBSCRIPTIONS, FEES & DONATIONS

We may charge a nominal one-time fee to remove any advertisement from the Software and/or to activate certain features of the Software or services. Excluding any direct donations, if you purchase any of our products or services, you agree to a 48 hour refund policy, outside of which, any and all sales are final. You also agree to a minimum term of service, as and when applicable, recurring subscription fees, or payment terms of which we may notify you during your purchase of any sub-products, services or donations.

14. NEW VERSIONS

We may, in our sole discretion, add, modify or remove features or functionality or provide bug fixes, patches, updates and upgrades to the Software, which may be provided automatically. If you do not want to receive such upgrades automatically, do not use the Software. If you do not use the latest version of the software, you may not be able to access your saved information. This license agreement requires you to always have the most latest version of the Software installed on your device.

15. ELECTRONIC COMMUNICATIONS

By using the Software, you consent to receiving electronic communications from us. These communications are part of your relationship with us and will include notices about your account (e.g. confirmations, notifications, service updates and other transactional messages) and information concerning or related to our service, such as Software updates, new features, and other important information about your account or service.

16. USER GENERATED CONTENT

By using the Software you may be able to transmit User Content, including progress updates, awards, images and audio & video content to other users. Although expressly prohibited under the terms of this EULA, you understand that we cannot prevent or control others from recording, capturing, altering, adapting, archiving, modifying or disclosing your User Content without your consent. You hereby release, discharge and agree to indemnify, defend and hold us harmless for and against any and all claims and demands, including, but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of such User Content. We manage your User Content by sending it over various public networks to deliver it to users that you identify and communicate with through the Software. You understand that we, in performing the required technical steps to provide material through the Software to our users, may (i) transmit or distribute your User Content over various public networks and in various media (but in accordance with the Privacy Policy); and (ii) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. By using the Software, you give us a perpetual, irrevocable, non-exclusive and worldwide license that shall permit us to take the actions described above. Notwithstanding such permitted uses, we will not otherwise knowingly reproduce User Content or make User Content available to any third parties without your consent or unless permitted under the Privacy Policy. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license. You further understand that you will not receive any royalties or other reimbursement for permitting us to use the User Content in the manner described above.

17. TERMINATION

Without limiting other remedies, we may limit, suspend, or terminate this license and your use of the Software, prohibit access to the Software website and delete your user account, with immediate effect and without any notice to you, if we believe that you are in breach of this EULA, infringing or misappropriating any third party's intellectual property rights, violating any third party's privacy or publicity rights, or engaging in fraudulent, immoral or illegal activities, or for any other reasons, in our sole discretion. we shall effect such termination by providing notice to you at the email address you have provided, and/or by preventing your access to your user account. We reserve the right to cancel user accounts that have been inactive for more than six months. We reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software at any time with or without cause. You may terminate this EULA with or without cause. Upon termination of this EULA by you or us: (i) all licenses and rights to use the Software shall immediately terminate; (ii) you will immediately cease any and all use of the Software; and (iii) you will immediately remove the Software from all devices, hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

18. APPLICABLE LAWS AND VENUE

This Software and this EULA (including without limitation the validity, construction and performance of duties related to the EULA) will be governed by and construed in accordance with the laws of the United States of America and the laws of the State of California without giving effect to any principles of conflicts of laws. Venue with respect to any dispute (not subject to arbitration as provided below) between us and the Users will rest exclusively in the state or federal courts located in California. We make no representation that the Software is appropriate or available for use outside the United States, and access to it from territories where it is illegal is prohibited. If you use the Software to communicate with individuals outside the U.S., you are responsible for ensuring that such communications comply with applicable local laws, including the European Union Directive, and other privacy or other laws. You may not use or export or re-export any materials or services related to the Software or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to use the Software from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to the Software must be made or instituted within one year of when the cause of action or claim accrued.

19. DISPUTE RESOLUTION

User shall first contact us regarding any claim or controversy arising out of or relating to this EULA, or any breach thereof. In the event such claim or controversy cannot be resolved informally, the User and we agree to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. Any claim or controversy arising out of or relating to this EULA, or any breach thereof, except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The User agrees that, by accepting this EULA, the User waives the right to bring an action relating to the EULA or the Software as part of a class action suit. The Federal Arbitration Act shall govern the interpretation and enforcement of this provision. Unless we and User agree otherwise, any arbitration hearings will take place in the state of California. If the claim or controversy is for $10,000 or less, we agree that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

20. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your: (i) violation or breach of any term of this EULA (including the scope of license and restrictions on use of the Software), or any applicable law or regulation, whether or not referenced herein, (ii) violation of any rights of any third party, (iii) use or misuse of the Software, (iv) communication transmitted by the Software, and/or (v) use and/or modification of the API’s.

21. APPLE-SPECIFIC TERMS AND CONDITIONS

In addition to your agreement with the foregoing Terms of Service, you acknowledge and agree to the following provisions with respect to your use of the version of the Software that is compatible with the iOS and Mac operating system of Apple Inc. (“Apple”). Apple is not a party to this EULA, and does not own and is not responsible for the Software. Apple is not providing any warranty for the Software, except, if applicable, to refund the purchase price for the Software. Apple is not responsible for maintenance or other support services for the Software, and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Software, including, without limitation, any third party product liability claims, claims that the Software fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Software, including those pertaining to intellectual property rights, must be directed to us. The license you have been granted herein is limited to a non-transferable license to use the Software on a single, Apple-branded product, which runs Apple’s most latest iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Software, such as your wireless data service agreement. You hereby represent and warrant (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

22. MISCELLANEOUS PROVISIONS

This EULA (including the Terms of Use and Privacy Policy) sets forth our entire liability and your exclusive remedy with respect to the Software. You acknowledge that this EULA is a complete statement of the agreement between you and us with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Software. If any provision of this EULA is invalid or unenforceable under applicable law, it is deemed omitted and the remaining provisions will continue in full force and effect.

BY ACCEPTING THESE TERMS AND CONDITIONS AND CONTINUING TO USE THE SOFTWARE AND/OR SERVICE, YOU REITERATE AND AGREE THE SOFTWARE DOES NOT OFFER MEDICAL ADVICE OR OPINION, AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING IN THE RELEVANT BOX AND/OR CONTINUING TO DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE, SERVICE AND WEBSITE, YOU CONSENT TO BE BOUND BY THIS EULA and ANY FUTURE REVISIONS THEREOF.

PRIVACY POLICY

This Privacy Policy describes our practices in connection with information that we collect through our website, currently located at https://aqueous.me (the “Site”), and through the software applications made available by us for use on computers and mobile devices (collectively referred to herein as “Software”, “Services” or ”App”). By downloading, accessing or using the Services, or providing information to us in connection with the Services, you agree to the terms and conditions of this Privacy Policy. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, any third-party service providers, and any other third party operating any software application or website to which the Services contain a link. The inclusion of a link on the Services does not imply endorsement by us of the linked software application or website.

Except for the limited disclosures described in this Privacy Policy, we will endeavor to keep your eMail address private and we do not sell customer lists. We will obtain additional consent prior to any such sale if required under applicable law.

1. JURISDICTIONAL ISSUES

The Services are controlled by us from the United States; accordingly, this Privacy Policy, and our collection, use and disclosure of your information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States. We do not represent or warrant that the Services, or any functionality or feature thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to download, access or use the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By downloading, accessing, using or submitting any information to the Services, users from outside the United States acknowledge that the Services are subject to U.S. law, and consent to the transfer of their information to the United States and any other jurisdiction, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

2. PERSONAL INFORMATION

PERSONAL INFORMATION WE MAY COLLECT

“Personal Information” is information that identifies you as an individual. In addition to Personal Information, Other Information (as defined below) may be collected in connection with the Services; the collection, use and disclosure of Other Information is addressed separately below, under the heading “OTHER INFORMATION”.

We and our third-party service providers may collect the following Personal Information from you:

Notwithstanding anything in this Privacy Policy to the contrary, we will not disclose such Personal Information to any third party for marketing purposes. We do not request, solicit or intend to collect any other personally identifiable information, and you should not disclose any such information in connection with the Services. IF YOU SUBMIT ANY PERSONAL INFORMATION OF OR RELATING TO THIRD PARTIES TO US OR OUR THIRD-PARTY SERVICE PROVIDERS IN CONNECTION WITH THE SERVICES, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.

HOW WE MAY USE PERSONAL INFORMATION

We and our third-party service providers may use Personal Information:

HOW PERSONAL INFORMATION MAY BE DISCLOSED

Your Personal Information may be disclosed:

3. OTHER INFORMATION

OTHER INFORMATION WE MAY COLLECT

“Other Information” is any information that does not reveal your specific identity, such as:

HOW WE MAY COLLECT OTHER INFORMATION

We and our third-party service providers may collect Other Information in a variety of ways, including:

HOW WE MAY USE AND DISCLOSE OTHER INFORMATION

Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information (such as combining your eMail address with your IP address). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.

4. THIRD-PARTY ADVERTISERS

We may use third-party advertising companies to serve ads when you use the Software or Services. Please note that these companies may use information about your use of the Services to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Services, these companies may place or recognize a unique cookie on your browser or device.

5. ANONYMOUS ANALYTICS

The Software may use a third-party such as Google Analytics) to help analyze how users use the Software, Site and Service. Analytics services use Cookies to collect information such as how often users visit the Software and Service and we use the information to improve our Site and Service. The analytics services’ ability to use and share information collected by them is restricted by their terms of use and privacy policy, which you should refer to for more information about how these entities use this information.

In regards to the Google Analytics service, the information generated by Google about your use of the Software or the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the Software or the Site provider, Google will use this information for the purpose of evaluating your use of the Software or the Site, compiling reports on website activity for Software or the Site operators and providing other services relating to Software or the Site activity and internet usage to the Software or the Site provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout. Further information concerning the terms and conditions of use and data privacy can be found at https://www.google.com/analytics/terms.

We may create anonymous information from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We may use anonymous information to analyze request and usage patterns so that we may enhance the content of our Software, Sites and our Products, identify or make improvements to our Software and/or improve Site navigation. We reserve the right to use and disclose anonymous information for any purpose and to any third party in its sole discretion.

6. IN APP ADVERTISING

Technologies such as: cookies, beacons, tags and scripts may be used by the Software and our advertising partners, analytics and customer support service providers. These technologies are used in analyzing trends, administering the Service, tracking users’ movements around the Software and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. We may share anonymous data with advertising networks, analytics providers (including Google Analytics), and other third parties (“Advertising Partners”) to analyze Software and Service usage by our users and develop and deliver targeted advertising and promotional content in our the Software and Service. We may also allow our Advertising Partners to collect this type of information within our Sites and Products, and they may share such information, as well as other information they collect through other third party websites, products and services, with us and third parties. Our Advertising Partners may collect this information through the use of their Collection Technologies (e.g., their cookies or beacons), or by requesting this information directly from you. The information collected may be used to offer you targeted ad-selection and delivery, and send you promotional messages, to personalize your user experience by increasing the probability that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake analytics (i.e., to analyze traffic and other end user activity to improve your experience). We do not control our Advertising Partners or their Collection Technologies or privacy practices, and this Policy does not govern their use of information collected from you using their Collection Technologies. To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, you can search for the Network Advertising Initiative Network Advertising Initiative or the Digital Advertising Alliance.

7. SECURITY

The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. Communications between the mobile applications and our servers takes place over secure HTTPS/SSL connections and your data is encrypted when it is stored on our servers. We also take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and safeguard your eMail address, password and personal credentials when you are using the Services, so that other people will not have access to your Personal Information. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.

Please be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable; accordingly, although we seek to conduct reasonable due diligence on such service providers, we may be unable to impose contractual obligations on them with respect to the measures they use to protect Personal Information. We are not responsible for the data security measures of any third parties.

8. CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information for marketing purposes. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of third parties with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related eMails from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.

9. USE OF THE SERVICES BY NON-ADULTS

The Services are not directed to individuals under the age of eighteen (18), nor are such individuals permitted to use the Services; accordingly, we request that such individuals do not provide Personal Information in connection with the Services. If you are the parent or guardian of such an individual who has disclosed Personal Information to us in connection with the Services, please contact us via the Software, and we will exercise commercially reasonable efforts to remove such information from our databases and storage systems; we are not liable, however, for any consequences of such information, including any delay or failure to remove such information.

10. RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

© 2015 Ash Alom. All Rights Reserved.