Please read these Terms ofService (this “Agreement”) carefully. Your use of the Platform (asdefined below) constitutes your consent to this Agreement.

This Agreement isbetween you and ITKMOBILE, INC., d/b/a Classify (“Company”, “we”,“us”, or “our”) concerning your use of (including any access to) our website currently located at www.classify.ltd (the “Site”) and the applications app.classify-prod.comand www.useclassify.com (the applications collectively, the “App”, and together with the Site, the “Platform”).This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Platform, or otherwise made available to you by Company. In the event of a conflict between any such additional terms and this Agreement, the terms of this Agreement will prevail.

BY USING THE PLATFORM, YOU AFFIRM THAT YOU AREOF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE PLATFORM ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOUARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, ANDYOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.

References to “you” and “your”in this Agreement will refer to both the individual using the Platform and to any such Organization.

1. Changes

We may change this Agreement from time to time by notifying you of such changesby any reasonable means, including by posting a revised version of this Agreement through the Platform. Any such changes will not apply to any dispute betweenyou and us arising prior to the date on which we posted the revised version of this Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Platform following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or any part of the Platform (including access to the Platform via any third-party links); charge, modify, or waive any fees required to use the Platform; or offer opportunities to some or all Platform users.

2. Information Submitted Through the Platform.

Your submission of information through the Platform is governed by Company’s PrivacyPolicy, located at https://www.classify.ltd/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed.

3. Jurisdictional Issues.

The Platform is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. ThePlatform may not be appropriate or available for use in some non-U.S.jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

4. Rules of Conduct.

In connection with the Platform, you must not:

• Post, transmit, or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful, or intimidating ,or otherwise fail to respect the rights and dignity of others;(b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other intellectual property or proprietary right of any kind, without the express prior written consent of the applicable owner.
• Post, transmit, or otherwise make available through or in connection with the Platform any virus, worm,Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a “Virus”).
• Use the Platform for any purpose that is misleading, fraudulent, or otherwise tortious or unlawful.
• Harvest or collect information about users of the Platform.
• Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure, or policy of such servers or networks.
• Restrict or inhibit any other person from using the Platform.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Company’s express prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark, or other proprietary rights notice from the Platform.
• Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into anyproduct or service, without Company’s express prior written consent.
• Systematically download and store Platform content.
• Use any robot, spider, Platform search/retrieval application, or other manual or automatic device to retrieve ,index, “scrape”, “data mine”, or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Platform.

5. Classify Pro Account Subscriptions and Other Transactions.

We may make available the ability to purchase or otherwise obtain certain products or services, including subscriptions to a Classify Pro account as further described below, through the Platform (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of anyTransaction. By making a Transaction, you represent that the applicable products or services will be used only in a lawful manner.

With respect to aTransaction for a Classify Pro account, if you register for a Classify Pro account on or through the Platform, subject to the terms of any free trial period that may be offered by Classify therewith, we will charge you anon-refundable annual subscription fee of Two Hundred Forty U.S. dollars (USD $240.00)immediately. For any subscriptions (including those for free trials) obtained through the Platform, yourClassify subscription will renew automatically at the regular subscription price and at the frequency stated when you made the purchase or began the free trial, unless you are otherwise notified in writing. Unless you set a subscription to stop automatically renewing prior to its renewal date, or cancel a free trial before it ends, you authorize Classify (without further notice to you, unless otherwise required by applicable laws) to charge you for and collect the then-current subscription fee and any applicable taxes, using any payment method you have provided to us. If you cancel your subscription before the end of a subscription period, you will not receive any partial refunds or credits for the remaining period, but you will have access to your Classify Pro account until the end of the original subscription period. Cancellation of a ClassifyPro Account results in downgrading the account to a free account at the end of the applicable subscription period. Such downgrading may result in the loss of access to premium features and content. You are solely responsible for any such loss. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you will be responsible for all such payment obligations. If you purchase a product or service that is a subscription, or if you start a free trial for such a subscription, we may terminate a subscription at any time, or change the terms of subscriptions. If we terminate a subscription, you will receive a prorated refund if applicable.

Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product or service, including Classify Pro subscriptions; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any product or service. Refunds and exchanges will besubject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Platform, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

6. Registration; User Names and Passwords.

You may need to register to use all or part of the Platform. You may also register for a Classify Pro account to access premium features subject to the fees described above. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach o runauthorized use of your user name or password, or your Platform account.

7. Profiles and Forums.

Site visitors may make available certain materials (each, a “Submission”)through or in connection with the Site, including on profile pages or on theSite’s interactive services, such as message boards and other forums, and chatting, commenting, and other messaging functionality. Company has no control over and is not responsible for any use or misuse (including any distribution)by any third party of Submissions. IFYOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

8. License.

For purposes of clarity, you retain ownership of your Submissions. For eachSubmission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable(through multiple tiers) license, without additional consideration to you orany third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”),whether related to the Site or otherwise, such Feedback will be deemed aSubmission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Company under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Platform, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding eachSubmission that you may have under any applicable law under any legal theory.

9. Monitoring.

We may (but have no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on the Site, or monitor or analyze your access toor use of the Platform. We may disclose information regarding your access to and use of the Platform, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

10. Your Limited Rights

Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Platform, you may view one (1) copy of any portion of the Platform to which we provide you access under thisAgreement, on any single device, solely for your personal use. The App is licensed (not sold) to end users. Subject to your compliance with thisAgreement, and solely for so long as you are permitted by Company to use theApp, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobiledevice that you own or control, solely for your personal use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) theApp from your mobile device.

11. Company’s Proprietary Rights.

As between you and Company, we own the Platform, which is protected by proprietary rights and laws. Our trade names, trademarks, and service marks include “Classify”and any associated logos. All trade names, trademarks, service marks, and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.

12. Third Party Materials; Links

Certain Platform functionality may make available access to information, products, services, and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for therouting or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality ,legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any ThirdParty Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part)through the Platform at any time. In addition, the availability of any ThirdParty Materials through the Platform does not imply our endorsement of, or ouraffiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

13. DISCLAIMER OF WARRANTIES. THE PLATFORM AND ANY PRODUCTS OR SERVICES AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WHERE IS”, AND “WHERE AVAILABLE” BASIS,WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND ANY PRODUCTS,SERVICES, AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND(INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS,EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While we try to maintain the timeliness, integrity, and security of the Platform in accordance with industry best practices, we do not guarantee that the Platform is or will remain updated, complete, correct, or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any such alteration, contact us at support@classify.ltd with a description of such alteration and its location on the Platform.

14.  LIMITATION OF LIABILITY.COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND,UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING,COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OFOR INABILITY TO USE THE PLATFORM OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS,INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE PLATFORM. THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL IN NO CASE EXCEED (A) THE TOTAL OF THE AMOUNTS PAID HEREUNDER BY YOU IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) IN THE EVENT THAT YOU HAVE NOT PAID FEES FOR A FULL TWELVE (12) MONTH PERIOD, THEN THE TOTAL OF THE AMOUNTS ANTICIPATED TO BE PAID HEREUNDER BY YOU IN THE FIRST TWELVE (12) MONTH PERIOD DURING WHICH PAYMENTS WOULD BE MADE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSE WHEREIN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.

15. Indemnity.

Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Platform (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

16. Termination.

ThisAgreement is effective until terminated. Company may terminate or suspend youruse of the Platform at any time and without prior notice, for any or no reason ,including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Platform will immediately cease, and Company may, without liability to you or any third party, immediately deactivate ordelete your user name, password, and account, and all associated materials, without any obligation to provide any further access to such materials. The termination of this Agreement for any reason will not release either party fromany liabilities or obligations set forth herein which remain to be performed orby their nature would be intended to be applicable following any such termination. In addition to the foregoing, upon termination, Sections 2, 3, 8-15, this Section 16, and Sections 17-22 shall survive any termination of thisAgreement.

17. Governing Law; Arbitration

The terms of this Agreement are governed by the laws of the UnitedStates (including federal arbitration law) and the Commonwealth of Massachusetts,U.S.A., without regard to its principles of conflicts of law, and regardless ofyour location. EXCEPTFOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OFOR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU ANDCOMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, ORANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATIONBEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOUAGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOUAGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON ANINDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED ANDYOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American ArbitrationAssociation under its Consumer Arbitration Rules, as amended by this Agreement.The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf (asmay be updated, amended, modified, or supplemented from time to time). Thearbitrator will conduct hearings, if any, by teleconference or videoconference,rather than by personal appearances, unless the arbitrator determines uponrequest by you or by us that an in-person hearing is appropriate. Any in-personappearances will be held in such location as may be mutually agreed upon by theparties that is reasonably convenient to both parties with due consideration oftheir ability to travel and other pertinent circumstances. If the parties areunable to agree on a location, any in-person appearances will be held inSuffolk County, Massachusetts. The arbitrator will have authority to awardtemporary, interim, or permanent injunctive relief or relief providing forspecific performance of this Agreement, but only to the extent necessary toprovide relief warranted by the individual claim before the arbitrator. Theaward rendered by the arbitrator may be confirmed and enforced in any courthaving jurisdiction thereof. Notwithstanding any of the foregoing, nothing inthis Agreement will preclude you from bringing issues to the attention offederal, state, or local agencies and, if the law allows, they can seek reliefagainst us for you.

18. Information or Complaints.

Ifyou have a question or complaint regarding the Platform, please send an e-mailto support@classify.ltd. Please note that e-mail communications will notnecessarily be secure; accordingly, you should not include credit cardinformation or other sensitive information in your e-mail correspondence withus. California residents may reach the Complaint Assistance Unit of theDivision of Consumer Services of the California Department of Consumer Affairsby mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at(916) 445-1254 or (800) 952-5210.

19. Copyright Infringement Claims.

TheDigital Millennium Copyright Act of 1998 (the “DMCA”) provides recoursefor copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faitht hat materials available on the Site infringe your copyright, you (or youragent) may send to Company a written notice by mail, e-mail, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed bythe DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent by e-mail to support@classify.ltd.

We suggest that you consultyour legal advisor before filing a DMCA notice or counter-notice.

20. Export Controls.

You are responsible for complying with United States export controls and for anyviolation of such controls, including any United States embargoes or otherfederal rules and regulations restricting exports. You represent, warrant, andcovenant that you are not (a) located in, or a resident or a national of, anycountry subject to a U.S. government embargo or other restriction, or that hasbeen designated by the U.S. government as a “terrorist supporting” country; or (b)on any of the U.S. government lists of restricted end users.

21. Data Review and Confidentiality

Data Review for Improvement and Debugging

 As part of our commitment to providing a high-quality and reliable service, we reserve the right to review user data for the purposes of debugging and improving our product. This review process helps us identify and resolve issues, enhance features, and ensure optimal performance.

Confidentiality and Data Protection

We understand the importance of your privacy and the confidentiality of your data. All user data reviewed for debugging and improvement purposes will be treated with the highest level of confidentiality. 

Limited Access

Access to user data for debugging and improvement purposes is restricted to authorized personnel within our organization who are directly involved in the development and maintenance of our product. These individuals are bound by strict confidentiality agreements and are trained to handle data securely and responsibly.

‍Your Rights

 You have the right to inquire about the data we hold and how it is used. By using our services, you acknowledge and agree to the terms outlined above regarding the review and confidentiality of your data for the purposes of product improvement and debugging.

22. Miscellaneous.

ThisAgreement does not, and shall not be construed to, create any partnership,joint venture, employer-employee, agency, or franchisor-franchisee relationshipbetween you and Company. If any provision of this Agreement is found to beunlawful, void, or for any reason unenforceable, that provision will be deemedseverable from this Agreement and will not affect the validity andenforceability of any remaining provision. You may not assign, transfer, orsublicense any or all of your rights or obligations under this Agreementwithout our express prior written consent. We may assign, transfer, orsublicense any or all of our rights or obligations under this Agreement withoutrestriction. No waiver by either party of any breach or default under thisAgreement will be deemed to be a waiver of any preceding or subsequent breachor default. Any heading, caption, or section title contained herein is forconvenience only, and in no way defines or explains any section or provision. Allterms defined in the singular shall have the same meanings when used in theplural, where appropriate and unless otherwise specified. Any use of the term “including”or variations thereof in this Agreement shall be construed as if followed bythe phrase “without limitation.” This Agreement, including any terms andconditions incorporated herein, is the entire agreement between you and Companyrelating to the subject matter hereof, and supersedes any and all prior orcontemporaneous written or oral agreements or understandings between you andCompany relating to such subject matter. Notices to you (including notices ofchanges to this Agreement) may be made via posting to the Platform or by e-mail(including in each case via links), or by regular mail. Without limitation, aprinted version of this Agreement and of any notice given in electronic formshall be admissible in judicial or administrative proceedings based upon orrelating to this Agreement to the same extent and subject to the sameconditions as other business documents and records originally generated andmaintained in printed form. Company will not be responsible for any failure tofulfill any obligation due to any cause beyond its control.

23. Apple-Specific Terms.

Inaddition to your agreement with the foregoing terms and conditions, andnotwithstanding anything to the contrary herein, the following provisions applywith respect to your use of any version of the App compatible with the iOSoperating system of Apple Inc. (“Apple”). Apple is not a party to thisAgreement and does not own and is not responsible for the App. Apple is notproviding any warranty for the application except, if applicable, to refund thepurchase price for it. Apple is not responsible for maintenance or othersupport services for the App and shall not be responsible for any other claims,losses, liabilities, damages, costs, or expenses with respect to the App,including any third-party product liability claims, claims that the App failsto conform to any applicable legal or regulatory requirement, claims arisingunder consumer protection or similar legislation, and claims with respect tointellectual property infringement. Any inquiries or complaints relating to theuse of the App, including those pertaining to intellectual property rights,must be directed to Company in accordance with the “Information or Complaints” section above. The license you have beengranted herein is limited to a non-transferable license to use the applicationon an Apple-branded product that runs Apple’s iOS operating system and is ownedor controlled by you, or as otherwise permitted by the Usage Rules set forth inApple’s App Store Terms of Service. In addition, you must comply with the termsof any third-party agreement applicable to you when using the App, such as yourwireless data service agreement. Apple and Apple’s subsidiaries are third-partybeneficiaries of this Agreement and, upon your acceptance of the terms andconditions of this Agreement, will have the right (and will be deemed to haveaccepted the right) to enforce this Agreement against you as a third-partybeneficiary thereof; notwithstanding the foregoing, Company’s right to enterinto, rescind, or terminate any variation, waiver, or settlement under thisAgreement is not subject to the consent of any third party.