Leeo Smart Alert

TM

Terms of service

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Services (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Leeo, Inc. (the “Company”) concerning your use of (including any access to) (a) the Company’s site currently located at https://www.leeo.com/ (together with any materials and services available therein, and any successor site(s) thereto, the “Web App”), (b) the Company’s mobile software applications (together with any materials and services available therein, and any successor application(s) thereto, the “Mobile Apps”), (c) the Company’s Smart Alert™ Nightlight (the “Device”) and (d) the software embedded in the Device (together with any updates thereto, the “Device Software”). The Web App and the Mobile Apps may be referred to individually as an “App” and collectively as the “Apps”. The Apps, the Device, and the Device Software may be collectively referred to as the “Services”. This Agreement hereby incorporates by this reference any additional terms and conditions posted by the Company through the Apps, or otherwise made available to you by the Company. Your use of the Services is governed by this Agreement regardless of how you access or use the Services, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.

By using the Services, you affirm that you are of legal age to enter into this Agreement. If you elect not to accept the terms of this Agreement, you should not use the Services and may return the new, unused Device within thirty (30) days of purchase to the retail location where you purchased it or the Company if you purchased the product directly from the Company, with all original packaging, for a full refund.

1. Changes. The Company may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Apps. Any such changes will not apply to any dispute between you and us arising prior to the date on which the Company posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

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

To improve the performance of the Services, the Company may develop patches, bug fixes, updates, upgrades, releases, additional functionalities and other modifications (“Updates”). Any future Update (if any) will be subject to the terms of this Agreement. You may be required to install Updates to use the Services and you agree to promptly install any Updates the Company provides. The Updates may also be automatically installed without providing any additional notice or receiving any additional consent or action from you, and you consent to the automatic update of the Apps and Device Software. If you do not want such Updates, your sole remedy is to cease using the Company’s Apps and Device Software altogether.

2. Information Submitted in Connection with the Services. Your submission of information in connection with the Services is governed by the Company’s Privacy Policy, located at https://www.leeo.com/legal (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.

3. Jurisdictional Issues. The Apps and Device Software are controlled or operated (or both) from the United States, and are not intended to subject the Company to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. The Company may limit the availability of the Apps and Device Software at any time, in whole or in part, to any person, geographic area or jurisdiction that the Company chooses.

4. No Lifesaving or Emergency Uses of the Services. The device is not an alarm. The Apps and Device Software are intended to be accessed and used for non-critical information and control of the Device. You will not rely on the Services for any health, lifesaving, or emergency purposes. Under no circumstances should you enter into a life-threatening environment. The Services (on their own or in combination with third-party products or services) are not a third-party monitored emergency notification system and are not certified for emergency response. The Company will not dispatch emergency authorities to your home in the event of an emergency. You may not use an emergency services number as one of your backup contacts. Mobile notifications are provided for informational purposes only and are not a substitute for a third-party monitored emergency notification system. In cases where it is critical for health, life safety, or other purposes, accessing information through or in connection with the Services is not a substitute for obtaining the information from observing the situation directly. The Company makes no warranty or representation that use of the Services (alone or with any third-party product or service) will affect or increase safety. The company cannot and does not provide specific information on what to do in an emergency situation in your home or elsewhere. It is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

The Company cannot and does not guarantee that you will receive notifications within a certain time or at all. While the Company aims for the Services to be highly reliable and available, the Company does not offer any specific uptime guarantee for the Services and the Services are not intended to be reliable or available 100% of the time. The Apps and Device Software may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond the Company’s control, including issues related to electrical or battery failure, wireless connectivity and service provider and carrier uptime. You will not be entitled to any refund or rebate for such suspensions, interruptions or failures. The Company is not responsible for (and you are responsible for) any damages allegedly caused by the failure or delay of the Apps or Device Software to reflect current status or notifications.

The Apps and Device Software will not be accessible without: (i) always-on broadband Internet access and a working Wi-Fi network in your home that communicates reliably with the Company’s products; (ii) mobile clients such as a supported phone or tablet; and (iii) other hardware or software that may be specified by the Company. It is your responsibility to ensure that you have all required hardware and software and that such hardware and software are compatible and properly configured. The Services may not work as described when the requirements and compatibility have not been met. You are responsible for all fees charged by the providers of such hardware or software in connection with your use of the Services.

5. Rules of Conduct. In connection with the Services, you must not:

  • Post, transmit or otherwise make available through or in connection with the Services 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 proprietary right, without the express prior written consent of the applicable owner.

  • Post, transmit or otherwise make available through or in connection with the Services 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.

  • Use the Services for any purpose that is fraudulent or otherwise tortious or unlawful.

  • Harvest or collect information about users of the Services.

  • Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.

  • Restrict or inhibit any other person from using the Services.

  • 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 Services except as expressly authorized herein, without the Company’s express prior written consent.

  • Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.

  • Remove any copyright, trademark or other proprietary rights notice from the Services.

  • Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without the Company’s express prior written consent.

  • Systematically download and store the Apps’ content.

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather the Apps’ content, or reproduce or circumvent the navigational structure or presentation of the Apps, without the 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 Web App’s root directory, the Company grants to the operators of public search engines permission to use spiders to copy materials from the Web App 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. The Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are solely responsible for restricting access to your computer(s) or mobile device(s) that can monitor and control the Device in your own property. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.

6. Products. The Apps may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by the Company or by third parties. The availability through the Apps of any listing, description or image of a Product does not imply the Company’s endorsement of such Product or affiliation with the provider of such Product. The Company makes no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. The Company makes reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and the Company cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.

7. Transactions. The Company may make available the ability to purchase or otherwise obtain certain Products, including the Device, through the Apps (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 any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

The Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; 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. Refunds and exchanges will be subject to the Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Apps, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is the Company’s practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute the Company’s acceptance of an order or the Company’s confirmation of an offer to sell a product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained in the Apps. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

8. Registration; User Names and Passwords. You may need to register to use all or part of the Apps and Device Software. The Company 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 the Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your App account. The Company reserves the right to limit the number of App accounts that can be created for use with a Device and the number of Devices that can be associated with an App account.

9. Profiles and Forums. App visitors may make available certain materials (each, a “Submission”) through or in connection with the Services, including on profile pages or on the Apps’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. The Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through or in connection with the Services, you do so at your own risk.

10. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, 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 or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use 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 Services or otherwise, such Feedback will be deemed a Submission, 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 the 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 Services, 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 each Submission that you may have under any applicable law under any legal theory.

11. Monitoring. The Company may (but has no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Apps. The Company may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.

12. Proprietary Rights. The Company and its suppliers own the Apps and the Device Software, which are protected by proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by the Company to use the Web App, you may view one (1) copy of any portion of the Web App to which the Company provides you access hereunder, on any single device, solely for your personal, non-commercial use.

The Mobile App and the Device Software are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by the Company to use the Mobile App, the Company hereby permits you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to (a) install and use the Mobile App on a mobile device that you own or control and (b) use the Device Software for monitoring and controlling the Device installed in your own property. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Apps and Device Software and remove (that is, uninstall and delete) the Mobile App from your mobile device.

The Apps and Device Software amy contain certain open source and third-party software components, including without limitation, the components listed at www.leeo.com/app-legal (collectively, “Third-Party Components”). Each Third-Party Component is licensed either under the terms of this Agreement, or if specified in the software documentation available at www.leeo.com/app-legal, under the Third-Party Component’s applicable license agreement (“Third-Party License”). Nothing in the Agreement is intended to modify the user’s rights or obligations with respect to any Third-Party Component set forth in the applicable Third Party License.

Any fees charged by the Company in connection with the Apps or Device Software do not apply to any Third-Party Components for which fees may not be charged under the applicable Third-Party License. To the extent that this Agreement contains any warranty, support, indemnity or liability terms or any other terms and conditions not included in the applicable Third-Party License, these terms and conditions are not offered by or made on behalf of any third party author, developer, or contributor of the applicable Third-Party Components. Where the terms of any specific Third-Party License entitle a licensee to the source code of the applicable Third Party Component, that source code is available from the Company upon request atinfo@leeo.com. A nominal fee may be charged by the Company for processing such request.

Our trade names, trademarks and service marks include LEEO, SMART ALERT, SMART ALERTS, the stylized lion head and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use the Company’s 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 in this Agreement or elsewhere in the Services 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.

13. Third Party Materials; Links. Certain Services’ functionality may make available access to, interface with or rely upon applications, products, services, information or materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing 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.

The Company neither controls nor endorses, nor is the Company responsible for, any Third Party Materials, including the accuracy, 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 the Company with respect to any Third Party Materials. The Company no obligation to monitor Third Party Materials, and the Company may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply the Company’s endorsement of, or the Company’s affiliation 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).

14. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through or in connection with the Services may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as the Company’s Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

15. Disclaimer of Warranties. The Apps, Device Software, Products and Third Party Materials are made available to you “AS IS” without any warranties of any kind, whether express, implied or statutory. The Company disclaims all warranties with respect to the Apps, Device Software, Products 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 the Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”).

While the Company tries to maintain the timeliness, integrity and security of the Apps and Device Software, the Company does not guarantee that the Apps or Device Software are or will remain updated, complete, correct or secure, or that access to the Apps or Device Software will be uninterrupted. The Apps or Device Software may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Apps or Device Software. If you become aware of any such alteration, contact us at legal@leeo.com with a description of such alteration and its location in the Apps or Device Software.

16. Limitation of Liability. The 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, the Company will not be liable for damages of any kind resulting from your use of or inability to use the Services or from any Products or Third Party Materials. Your sole and exclusive remedy for dissatisfaction with the Services, Products or Third Party Materials is to stop using such Services, Products or Third Party Materials. The maximum aggregate liability of the Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of the total amount, if any, paid by you to the Company to use the Services and ten U.S. dollars ($10.00). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both the Company and the Affiliated Entities.

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.

17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the Company and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Services (including all Submissions) or any personal injury, death, property damage (including to your home), or other harm or losses arising from or relating to your use of the Services; and (b) any violation or alleged violation of this Agreement by you.

18. Termination. This Agreement is effective until terminated. The Company may terminate or suspend your use of the Apps or Device Software at any time and without prior notice, including if the 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 Apps or Device Software will immediately cease, and the Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–6, 8–11 and 13–25 shall survive any expiration or termination of this Agreement.

19. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that the Company and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available online at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

20. Filtering. The Company hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that the Company does not endorse any of the products or services listed on such sites.

21. Information or Complaints. If you have a question or complaint regarding the Services, please send an e-mail to info@leeo.com. You may also contact us by writing to Leeo, Inc., 989 Commercial St., Palo Alto, CA 94303, or by calling us at 1(888) 438-5336. Please note that e-mail communications will not necessarily be secure; accordingly you shouldnot include credit card information or other sensitive information in your e-mail correspondence with us. The contact information in this section is not intended to be a lifesaving solution for people at risk in the home, and is no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Apps infringe your copyright, you (or your agent) may send to the Company a written notice by mail, e-mail or fax, requesting that the 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 the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Seehttp://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to the Company as follows: By mail to LEGAL, Leeo, Inc., 989 Commercial St., Palo Alto, CA 94303; by e-mail to copyright@leeo.com; or by fax to 1(855) 453-3647. The Company’s phone number is 1(855) 453-3647.

The Company suggests that you consult your legal advisor before filing a DMCA notice or counter-notice.

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

24. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without the Company’s express prior written consent. The Company may assign, transfer or sublicense any or all of the Company’s rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and the Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Apps or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

25. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Mobile Apps compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the Mobile Apps. Apple is not providing any warranty for the Mobile Apps except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Apps and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile Apps, including any third-party product liability claims, claims that the Mobile Apps fail 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 Mobile Apps, including those pertaining to intellectual property rights, must be directed to Leeo in accordance with the “Information or Complaints” section (Section 21) above. The license you have been granted herein is limited to a non-transferable license to use the Mobile Apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Mobile Apps, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, the Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Last updated: May 20, 2015

Apps © 2015 Leeo, Inc. unless otherwise noted. All rights reserved.