Paraplu Wellness, LLC and Well-Law Terms and Conditions of Use

Last updated: March 4, 2024

Welcome to the Paraplu Wellness, LLC and the Well-Law App (a project of Paraplu Wellness, LLC). Please read these terms of service carefully before using the services offered by Paraplu Wellness, LLC (the “Company”, “us”, “we”, “our”). These terms and conditions (these “Terms & Conditions”) set forth the terms and conditions of our relationship and govern your use of the Well-Law App mobile application (the “App”) and the services, features, content, and applications offered by the Company, including those which enable you to obtain online information and content related for stress management and overall health and well-being, and any other services provided by the Company (collectively, the “Services”). By accessing the App, you agree to be bound by the terms of these Terms & Conditions, which also incorporate the Company’s Privacy Policy.

IMPORTANT NOTICE: SECTION 15.7 OF THESE TERMS & CONDITIONS CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST PARAPLU WELLNESS, LLC TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER SECTION 15.8 OF THESE TERMS & CONDITIONS, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PARAPLU WELLNESS, LLC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.

1. These Terms

1.1 What these Terms & Conditions cover. These are the terms and conditions on which we provide you access to the Content (as defined below) available through the App, including full access to all available Content through a Subscription (as defined below) and access to any other goods, services or digital content we supply to you or provide you access to through the App.

1.2 Why you should read them. Please read these Terms & Conditions carefully. These Terms & Conditions tell you who we are, how we will provide products and services to you, how we may change or end the contract, what to do if there is a problem and other important information. You understand that by using our App, you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions, to our Privacy Policy, you should not use the App or access any of its Content.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Paraplu Wellness, LLC, a Maryland limited liability company.

2.2 How to contact us. You can contact us by emailing [email protected].

2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provide to us.

2.4 “Writing.” When we use the words “writing” or “written” in these terms, this includes emails, and direct messages through the App.

3. OUR CONTRACT WITH YOU

3.1 Your eligibility to use our App. The App is offered and available to users subject to the End-User License Agreement, these Terms & Conditions and our Privacy Policy, who are 18 years of age or older and who reside in the United States or any of its territories or possessions or where use of the App does not violate any laws applicable within that jurisdiction. If you are registering an account or using the App on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity. If you enable a minor to access or to use the App, you agree to fully compensate us and/or indemnify us if we are damaged by such minor’s use of the Services.

3.2 Your acceptance. Your acceptance of these Terms &Conditions occurs when you download our App and/or access or otherwise use our Services.

3.3 No Warranties. Please note that we offer the Content through the App “AS IS” and without any warranties, either express or implied by law. Access to the Content requires that you provide us with your email address and establish a password. Full access to the Content requires that you purchase a Subscription (as defined below). If your Sign-up is on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms & Conditions together with our Privacy Policy and the End-User License Agreement on such individual’s or entity’s behalf. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. You should not share your password with anyone.

3.4 Your Use of the App. You may use the App for lawful, non-commercial purposes only. Without limiting the foregoing, you agree that you shall not:

• use the App in any manner that could damage, disable, overburden, or impair the Company, or interfere with any other party’s use and enjoyment of the App;
• attempt to gain unauthorized access to the App through hacking, password mining or any other means, or otherwise attempt to bypass any measures the Company may use to prevent or restrict access to the App or Content;
• copy, modify, adapt, translate, or reverse engineer any portion of the App or its Content;
• remove any copyright, trademark or other proprietary rights notices contained in, on or through the App or in or on any Content or other material obtained via the App;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the App or the Content, except as expressly authorized by the Company;
• knowingly transmit false or misleading information through the App;
• use the App or any of its Content for any research related purpose without the written consent from an executive of the Company;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, harvest, scrape or index any portion of the App or Content;
• create user accounts by automated means or under false or fraudulent pretenses; or
• use the App in any manner that does not comply with the Company’s rules and policies and all applicable laws, rules, and regulations.

3.5 Changes to these Terms. We may change these Terms & Conditions or the Privacy Policy referenced herein at any time, as we reasonably deem appropriate. Upon any change in these Terms & Conditions, your continued use of the App or accessing the Content following such change shall constitute your affirmative acknowledgement of the Terms & Conditions, the modifications, and your agreement to abide and be bound by the Terms & Conditions and referenced Privacy Policy, as amended. If at any time you choose not to accept these Terms & Conditions or the Privacy Policy, including following any such modifications hereto, then you may not use the App or access the Content.

3.6 Trademarks. The Company’s name and the Well-Law name, the Company logo and the Well-Law logo, the phrase“Well-Law,” and all related names, logos, product and service names, designs and slogans are trademarks of the Company. You must not use such trademarks without the prior written permission of an executive officer of the Company. All other names, logos, product and service names, designs and slogans on the App are the trademarks of their respective owners.

3.7 End-User License Agreement. The limited, non-transferable license you are provided to download and use the App is for your own personal use and is subject to the terms of the End-User License Agreement that you accept in conjunction with downloading the App as well as these Terms & Conditions and the Privacy Policy referenced herein.

3.8 Auto-renewal of Subscriptions. If you purchase a monthly or yearly subscription, your subscription shall renew automatically for additional one month or one year terms (as applicable) unless terminated by you in accordance with the applicable End-User License Agreement. You will be charged for each automatic renewal of your subscription term in accordance with the terms of the applicable End-User License Agreement. You can manage or terminate your subscription via your account settings (as applicable) or by notifying the Company in writing.

3.9 Feedback. To the extent you provide the Company with information on how you feel through the Wellness Inventory or by contacing the Company, any feedback regarding the Content, ideas, or other suggestions, whether or not patentable that directly concern enhancements, improvements or other changes to the App, Content, or Services (such ideas or suggestions, “Feedback”), the Company shall have all right, title and interest in and to such Feedback, and you hereby assign and agree to assign to the Company all right, title and interest in and to such Feedback. You acknowledge and agree the Company may use the Feedback in any manner it chooses, including but not limited to in the Company’s research presentations, and marketing materials.

4. OUR PRODUCT

4.1 The Product and your Access. The Content as defined below is available to you through the App. Some of the Content is available to you simply by downloading the App and accepting these Terms &Conditions. Full access to all the available Content and Services may be obtained by purchasing a Basic, Premium, Ultra, or Custom Logo subscription as defined below (collectively, a “Subscription”). As used herein, the “Content” means the information and materials related to the Well-Law program, made available via the App, including methods, processes, videos, protocols, articles, downloads, meditations and other information and materials that are not intended to be medical or psychological advice or diagnosis, but which are intended to potentially reduce stress and which are for your own personal use. The information you share in public areas, such as a Facebook Group, may be viewed by any user of the App.

4.2 Access through Subscriptions. Your access to the App commences when you download the App and create your Profile. Your full access to the Content commences when you complete and submit the Wellness Inventory. A Basic, Premium, Ultra, or Custom Logo subscription provides you will full access to the Content for so long as the Company (or its successors or assigns) makes the Content available via the App.The Company makes no warranties, express or implied, as to the length of time the Content will be made available via the App or the duration of its legal entity existence. Should the Company cease to make the Content or App available, or dissolve or otherwise cease to exist, all Subscriptions shall immediately terminate and you will no longer be able to access to the Content. The Company does not intend to imply a refund policy and no such policy exists with regard to the Company’s cessation of existence, except as may be available to you under the End-User License Agreement.

4.3 Third-party processor. The Company uses a third-party processor and does not have access to your payment information.

4.4 WE DO NOT OFFER MEDICAL OR PSYCHOLOGICAL ADVICE. ALL CONTENT AND ANY OTHER INFORMATION PRESENTED ON THE APP IS NOT INTENDED TO REPRESENT THAT ANY CONTENT OR WELLNESS PRACTICE MAY BE USED TO DIAGNOSE, CURE, TREAT, OR PREVENT ANY MEDICAL PROBLEM OR PSYCHOLOGICAL DISORDER. THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY.THE CONTENT PROVIDED IN THIS APP IS NOT A SUBSTITUTE FOR THE ADVICE, DIAGNOSIS, OR TREATMENT FROM A PHYSICIAN, PSYCHOTHERAPIST OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU SHOULD NOT CONSIDER USE OF THE APP OR CONTENT A RECOMMENDATION THAT YOU STOP SEEING ANY OF YOUR HEALTH CARE PROFESSIONALS OR USING PRESCRIBED MEDICATION, IF ANY, WITHOUT CONSULTING WITH YOUR HEALTH CARE PROFESSIONAL. THE COMPANY STRONGLY ADVISES THAT YOU SEEK PROFESSIONAL ADVICE AS YOU DEEM APPROPRIATE. ALTHOUGH THE CONTENT IS PROVIDED BY PERSONS WITH EXTENSIVE EXPERIENCE IN THE WELLNESS PRACTICES AND EXERCISES PROVIDED, THE CONTENT HAS NOT BEEN DEVELOPED OR PROVIDED BY PSYCHOTHERAPISTS, PHYSICIANS, OR OTHER LICENSED PROFESSIONAL HEALTH CARE PROVIDERS.

4.5 YOU ACCEPT ALL POTENTIAL RISKS ASSOCIATED WITH USE OF THE APP. YOU THEREFORE AGREE TO ASSUME AND ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL RISKS ASSOCIATED WITH USING THIS APP AND THE CONTENT. IF YOU EXPERIENCE ANY EMOTIONAL DISTRESS OR PHYSICAL DISCOMFORT WHILE USING THIS APP OR THE CONTENT, THE COMPANY STRONGLY RECOMMEND YOU STOP USING THE APP AND SEEK THE ADVICE AND CARE OF A MEDICAL PROFESSIONAL.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your Subscription, please contact the Company or other source from which you purchased and downloaded the App.

6. OUR RIGHTS TO MAKE CHANGES

Changes to the Content or Pricing. We may change the App and/or the Content at any time in any regard and in our sole discretion, including but not limited to adding or deleting Content or implementing updates to reflect changes in relevant laws. We may change the pricing of any of the Subscriptions at any time in our sole discretion.

7. PROVIDING ACCESS

7.1 When we will provide the access to the Content. Your access to the Content commences when you download the App; accept these Terms & Conditions, Privacy Policy and End-User License Agreement, and create your Profile. We will supply the Services to you through your Subscription until you delete the App or we terminate your account in accordance with these Terms & Conditions.

7.2 We are not responsible for delays outside our control. If access to the Content is interrupted or delayed by an event outside our control we will take reasonable steps to minimize the effect of the delay and will not be liable for delays caused by the event.

7.3 Reasons we may suspend or terminate access to the Content to you. We may have to suspend your access to the Content to:
(a) deal with technical problems or make minor technical changes;
(b) update the Content to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Content in our sole discretion;
(d) address requests or directives from law enforcement or other authority; or
(e) due to your violation of these Terms & Conditions.

7.4  If you do not pay for the access to the Content pursuant to the term of your Subscription or the automatic renewals under your Subscription, access to the Content will be suspended until you have paid us the outstanding amounts. We will not charge you for the access during the period for which access to the Content is suspended.

7.5 You represent and warrant that you will use the App, Content, and Services in accordance with the these Terms & Conditions, the Privacy Policy, the End-User License Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).

8. SUBSCRIPTIONS AND PAYMENTS ARE GOVERNED BY THE END-USER LICENSE AGREEMENT

8.1 Your monthly and annual Subscriptions will automatically renew unless otherwise cancelled by you.

8.2 Payment issues. Any questions regarding payments should be directed to the Company or the source from which you downloaded the App and are governed by the applicable End-User License Agreement.

9. HOW TO TERMINATE THE SERVICES

9.1 To terminate your access to the App, please contact the Company or source from which you downloaded the App. We do not offer any refunds and all sales are final. Your refund, if any, will be made in accordance with the End-User License Agreement.

9.2 Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms & Conditions which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may terminate your access to the App at any time for any reason or for no reason, in our sole discretion, including but not limited to breach of these Terms & Conditions or your failure to timely make any Subscription payment.

11. IF THERE IS A PROBLEM WITH THE SUBSCRIPTION

11.1 How to tell us about problems. If you have any questions or complaints about the Subscription, please contact us. You can email our customer service team at [email protected].

12. PRICE AND PAYMENT

12.1 Where to find the price for the Subscription. We reserve the right to change our Subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. The price of the Subscription will be the price indicated on the order pages when provided by the Company.The monthly and annual Subscriptions will be subject to automatic renewals in accordance with the End-User License Agreement.

12.2 When you must pay and how you must pay. All payments go through the Company or the source from which you downloaded the App. You must purchase a Subscription in order to obtain full access to the Content.

13. WE OFFER NO WARRANTIES; WE LIMIT OUR LIABILITY TO YOU; AND YOU AGREE TO INDEMNIFY US.

13.1 No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ACCESSIBLE TO YOU THROUGH THE APP AND USE OF THE APP ITSELF IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY CONTENT AVAILABLE THROUGH THE APP OR ANY SERVICES PERFORMED OR PROVIDED TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, ANY CONTENT AVAILABLE TO YOU THROUGH THE APP AND ANY SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP CONTENT, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ANY RESULTING HARM, INJURY, DAMAGE OR OTHER LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

13.2 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF LIFE, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP AND THE CONTENT, NOR ANY LOSS OR DAMAGE DUE TO VIRUSES OR OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR DEVICE, COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY CAUSED BY YOU ACCESSING, USING OR DOWNLOADING FROM THE APP, OR FROM TRANSMISSIONS VIA EMAILS OR ATTACHMENTS RECEIVED FROM US, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid to the Company for use of the App or fifty dollars ($50.00), if you have not had any payment obligations to the Company for the App, as applicable. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

13.3 Indemnification. You agree that the Company is not responsible for any harm that the use of the App, the Content, or the Services may cause. You agree to indemnify, defend and hold us, our employees, contractors, managers, members, agents, parent, other affiliated companies, suppliers, successors, and assigns harmless from and against any and all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to or use of the App, Content, or Services, (b) any action or inaction taken by you or anyone else as a result of your access to or use of the App, Content, or Services, or (c) the violation of these Terms & Conditions, the End-User License Agreement, or any intellectual property or other right of any person or entity, by you or any third party you have authorized to act on your behalf.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.

15. OTHER IMPORTANT TERMS

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization and you agree we can transfer any information we have associated with you and your use of the App.

15.2 If a court finds part of this contract unenforceable, the rest will continue in force. Each of the paragraphs of these Terms & Conditions and the Privacy Policy and the End-User License Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.3 Even if we delay in enforcing these Terms & Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms & Conditions or the Privacy Policy or the End-User License Agreement, or if we delay in taking steps against you, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

15.4 Geographic Considerations. The Content and other information and features provided within the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our App, Content, and Services. or any portion thereof, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities or features of any content, product, service or other feature that we provide. The App may be subject to United States export controls. Thus, the App may not be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading the App, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

15.5 Governing Law, Jurisdiction and Venue. All matters relating to the App, the Content, the Services, the Terms & Conditions, the Privacy Policy and the End-User License Agreement and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland and controlling United States federal law without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction) and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Maryland and the United States District Court for the District of Maryland and to the jurisdiction of all courts to which an appeal may be taken from such courts and expressly waive, to the fullest extent you may effectively do so under applicable law, any objection which you may at any time have to venue in such courts, that any suit, action or proceeding therein has been brought in an inconvenient forum or that any such court lacks jurisdiction. The foregoing is expressly subject to your consent to arbitration pursuant to the terms set forth in Section 15.7.

15.6 Equitable remedies. You agree that in addition to any other rights and remedies which the Company may have in the event of your breach of any of these Terms & Conditions, the Privacy Policy or the End-User License Agreement, the Company shall be entitled, and is expressly and irrevocably authorized by you, to demand and obtain temporary or permanent injunctive relief, and all other appropriate equitable relief against you in order to enforce these Terms & Conditions, the terms of the Privacy Policy or the terms of the End-User License Agreement or in order to prevent any breach or any threatened breach by you of these agreements.

15.7 You agree to Arbitration. You acknowledge and agree that any and all disputes arising from the App, the Content, these Terms & Conditions, the Privacy Policy or the End-User License Agreement shall be exclusively resolved upon written demand by you or by us for binding arbitration by a single arbitrator appointed by the American Arbitration Association. The arbitration shall be conducted in Montgomery County, Maryland at a location designated by the arbitrator and you consent to this jurisdiction and venue in the arbitration. Our agreement to binding arbitration means that the Company and you each expressly waive any right to have any dispute, claim or controversy between us tried in a judicial forum by a judge or jury. Both the Company and you have the right to be represented by counsel at the arbitration. The award of the arbitrator shall be final, binding and conclusive upon the Company and you, subject only to such judicial review permitted by law. A judgment may be rendered on an arbitration award, and the judgment thus rendered can be docketed and enforced by legal process. You and the Company agree that any cause of action arising out of or related to the App, Content, or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

15.8 Class action waiver. Where permitted under the applicable law, you and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purposed class or representative action. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

15.9 Entire Agreement. These Terms & Conditions and the Privacy Policy and any documents referenced therein and incorporated by reference constitute the sole and entire agreement between you and the Company with respect to the App and its content and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

15.10 Contact. All inquiries regarding Subscriptions or billing should be directed to the Company or the source from which you downloaded the App. All inquiries regarding Content should be directed to the Company at [email protected].

***FOR EUROPEAN UNION CUSTOMERS ***

AND CUSTOMERS FROM THE UNITED KINGDOM

Personal Data Collection and Use

Our Privacy Policy describes the categories of EEA Personal Data that we may receive in the US as well as the purposes for which we use that EEA Personal Data. The Company will only process EEA Personal Data in ways that are compatible with the purpose that we collected it for, or for purposes the individual later authorizes. Before we use your EEA Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. The Company maintains reasonable procedures to help ensure that EEA Personal Data is reliable for its intended use, accurate, complete, and current.

If we collect sensitive EEA Personal Data, we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive EEA Personal Data to third parties, or before we use your sensitive EEA Personal Data for a different purpose than we collected it for or than you later authorized.

Data Transfers to Third Parties, Third-Party Agents or Service Providers.

We may transfer EEA Personal Data to our third-party agents or service providers who perform functions on our behalf. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EEA Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EEA Personal Data that we transfer to them.

Third-Party Data Controllers. In some cases we may transfer EEA Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We will only provide your EEA Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive EEA Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for EEA Personal Data the Privacy Shield requires. We also limit their use of your EEA Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your EEA Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your EEA Personal Data is protected with the same level of protection the Privacy Shield requires.

Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your EEA Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Security. The Company maintains reasonable and appropriate security measures to protect EEA Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

Access Rights. You may have the right to access the EEA Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EEA Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints. You can direct any questions or complaints about the use or disclosure of your EEA Personal Data to us at [email protected]. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EEA Personal Data within 45 days of receiving your complaint. For any unresolved complaints, we have agreed to cooperate with the EU data protection authorities. If you are unsatisfied with the resolution of your complaint, you may contact the EU data protection authorities for further information and assistance.

Binding Arbitration. You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with the Company and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).

Contact Us. If you have any questions about this Policy or would like to request access to your EEA Personal Data, please contact us as follows: [email protected].

Changes to This Policy. We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.

Priority. If any of the terms of this Privacy Policy conflict with any of the terms of the applicable End-User License Agreement, the terms of this Privacy Policy shall prevail.