Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “you“) and DIGITAL MAILBOX INC., dba ZIPINMAIL (“Company“). This Agreement governs your use of the Zipinmail Application, (including all related documentation, “Zipinmail” or the “Application“). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE”, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Application’s documentation; and
access, stream, download, and use on such Mobile Device the Content and Services (as defined in 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in 5.

License Restrictions. You shall not:

copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

Account.

You must register for an account (your “Account”) to use the Application. Certain features of the Application may only be available for use in the United States. Some features, such as the ability to send and receive Zipinmail, may be available only if you provide us with certain information about you and we are able to verify your identity and/or proof of address.
To register, open, use, or upgrade an Account, the Company may require that you submit certain information, including but not limited to your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, a government issued form of identification, and certain other address verification documentation such as utility bills, lease, etc. You represent and warrant that you own the email or mobile phone number you register with and all information entered or collected in the course of creating your Account and any information you subsequently add or update from your settings (“Account Information”) is true and accurate, and you agree to keep your Account Information current.
You hereby authorize the Company, directly or through Company’s use of third parties, to make any inquiries we consider necessary to validate your identity and your place of residence or business, or authenticate your identity and Account Information and, if applicable, your company or employer. This may include asking you for further information or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number, mailing address or financial instruments, or verifying your information against third party databases or through other sources.
In connection with your use of the Application, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or this Agreement, (b) provide confirmation of your identity or mailing address, or (c) provide confirmation of any information you provide us. If you decline to provide us with the information that we request or if we cannot verify your identity or mailing address to our satisfaction (in our sole judgment and discretion) for any reason, then your Account will not be established and you will not be able to use the Application. In addition, we reserve the right to change the account type, suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information.
The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new Account.

Account Balance.

Balance; Add Funds.

Your balance consists of the funds you have in your Account that are available for new transactions and are not subject to pending transactions (your “Account Balance”). You are solely responsible for all funds necessary to complete any transaction initiated through the Application.
Each time you instruct us through the Application to add funds to your Account Balance from your linked Payment Method, you authorize us to immediately debit the Payment Method linked to your account at the time of the transfer for the amount instructed, either in a single or recurring transaction, as applicable. You can cancel this authorization by unlinking your Payment Method from your Account. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
The Company may require a minimum deposit when adding funds to your Account Balance to process transactions and such minimum deposit amount may vary from time to time.

You may use your Account Balance to:

Pay for transactions within the Application, including but not limited to Individual and/or Mass Zipinmail Transmission, Campaigns and Coupon Publication Fees.
Pay for your Zipinmail Subscription Plan.
Pay for additional mailboxes, storage or for any other products or services offered within Zipinmail platform.

Transfer. You may electronically transfer funds from or to your Account Balance to or from an eligible bank account (“Cash In or Out”). By selecting an eligible bank account as your deposit source you are requesting that we settle an electronic transfer to or from your bank account. The Company will settle these electronic transfers to or from your eligible bank account in the amount you instruct, and you will not be able to cancel the ACH transfer. Such transfer to or from your eligible bank account via ACH will typically be debited or credited to your bank account or Account Balance within three (3) business days.
Limitations. The Company may limit how many Cash Outs you can initiate and the amount of funds you can transfer in a single transaction. We reserve the right to delay or further limit such transfers at our discretion to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. If you attempt to transfer your Account Balance while we are conducting an investigation, we may hold your funds at our discretion to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. We also may defer or redirect payout or restrict access to your funds as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your Account even after the Account is closed.
If you do hold funds in your Account Balance, the Company will hold such funds separate from its corporate funds and will not use your funds for any corporate purposes, nor will the Company voluntarily make your funds available to its creditors in the event of bankruptcy. The Company will combine your funds with the funds of other customers and place those pooled accounts in one or more bank accounts in the Company’s name.
You agree that you will not receive interest on or other monies derived from the funds that the Company handles and places in pooled accounts. It is likely that the Company will receive interest or other income on funds held for its users. In consideration for your use of the Service, and with full knowledge and understanding that the Company will receive this interest, you irrevocably transfer and assign to the Company all rights that you may have in any interest that may accrue on funds held in pooled accounts.

Subscription.

Certain Application services and features require a subscription to use, descriptions of which can be found on the Company’s website at www.Zipinmail.com. Your Zipinmail subscription will continue and automatically renew until terminated. To use the Application you must have internet access and provide us with one or more Payment Methods. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see “Cancellation” below).
We may offer a number of subscription plans and other paid services. Our paid services and subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding our paid services and Zipinmail subscription by visiting the Company’s website and clicking on the “Account” link available at the top of the pages under your profile name.

Subscription Billing and Cancellation.

Billing Cycle. The subscription fee for certain services and features of the Application, and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the Company’s website and click on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one term of service per your subscription plan as soon as you register. If you signed up for the Application using your account with a third party as a Payment Method, you can find the billing information about your Zipinmail subscription by visiting your account with the applicable third party.
Payment Methods. To use our subscription, add funds to your Account Balance, or any of our paid services, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription or service fee. All transaction and service fees are due prior to rendering such services or processing of transactions and will be charged to your payment method. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Application until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Cancellation. You can cancel your Zipinmail subscription at any time, and you will continue to have access to the Application through the end of your billing period. To cancel, go to the “Account” page on the Company’s website and follow the instructions for cancellation. If you cancel your subscription, your subscription will automatically close at the end of your current billing period. To see when your subscription will close, click on the “Account” page. If you signed up for the Application using your account with a third party as a Payment Method and wish to cancel your Zipinmail subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Application through that third party.
Changes to the Price and Subscription Plans. 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. Except as otherwise expressly provided for in this Agreement, any price changes or changes to your subscription plan will take effect following notice to you.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. If you cancel your subscription in the middle of a billing period, you will not be given any refund for the remaining unused billing period, and your subscription will be cancelled at the end of your current billing period. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

SMS Terms and Conditions.
Zipinmail may offer the option to our business customers to engage in conversations with you. Message frequency may vary. Message and data rates may apply. Text HELP to 424-744-0504 for help. You or your customers can reply STOP in those messages to cancel. Zipinmail or the Carriers we use are not liable for any delays or undelivered messages.
Campaigns & Coupon Publications.

(a) Zipinmail Campaigns per CANSPAM & TCPA Regulations.

Our ‘Business Customers’ may utilize ‘Consumer Opt-In’ data with user consent to reach their audience using our platform. We do not share or sell the consumer information to you or third parties. You may utilize our platform to deliver your messages to registered users and opt-in consumers with user consent.
Our Business Customers may utilize our platform to send promotional electronic communications to opt-in consumers with user consent to participate in promotions, or otherwise communicate with those consumers for marketing purposes, consistent with their preferences and applicable law. We may also send you promotional electronic communications or invite you to participate in promotions. For example, when we collect your contact information through your interaction with our Site, we may use that information to follow up with you to send you information with your consent about our Third-Party Partners products and services and other information and materials that may be of interest to you, consistent with the context in which you provided your information.
You may opt out of receiving any, or all, of these marketing communications via the ‘Unsubscribe’ link provided in such electronic communications or by emailing an opt-out request to: Support@Zipinmail.com. Consumers who click ‘Unsubscribe’ link will be removed from our opt-in consumer database and will not receive any future marketing communications.
We identify the sender information in all our electronic communications. We may utilize a backend process to ensure the offers & marketing messages do not contain any prohibited content such as adult or child pornographic material, or political, religious or other insinuating messages prohibited by law. If your messages contain any such prohibited content, we may reject or block your campaigns and reserve the right to block all your future campaigns and/or suspend or delete your account permanently.
We may offer the option to our business customers to engage in conversations with you. Message frequency may vary. Message and data rates may apply. You or your customers can reply STOP in those messages to cancel. Zipinmail or the Carriers we use are not liable for any delays or undelivered messages.
You agree that it is your responsibility to understand and comply with all federal, state, and local laws, including, without limitation, (a) The Telephone Consumer Protection Act, (TCPA)of 1991, (landline and mobile telephone); (b) CAN SPAM ACT OF 2003, (business and residential email); (c) The Junk Fax Protection Act of 2005; (d) along with any rules or regulations from the Federal Communications Commission (FCC) and A2P 10DLC regulations from the Telephone and Wireless Network & Carriers. You agree to indemnify and hold Digital Mailbox, Inc., dba Zipinmail and its divisions & affiliates harmless against all claims based in whole or part on your or the end user’s failure to comply with these laws. In no event shall Digital Mailbox, Inc., dba Zipinmail be liable for any claims against you or us by end users, consumers, businesses, telephone & network carriers or regulatory agencies for non-compliance, violations, lost profits, consequential, incidental, or special damages, or other claims of a similar nature resulting from your campaigns. If this provision fails for its essential purpose, and in all other cases, Zipinmail’s entire liability shall be limited to the amount received by Zipinmail on account of your subscription and/or purchase of the product or services.

(b) Domain Connection & Registration:

Messages delivered within the Zipinmail platform may be encrypted and we may use various cloud security protocols to protect all data within our platform.
We currently use AWS Infrastructure and AWS SES platform, and we may use other third party services to deliver messages on behalf of our clients via email, text & WhatsApp.
We currently connect our business client’s domain to AWS SES platform to deliver their emails. If a client is unable or unwilling to connect their domain, we may use Zipinmail registered domains to deliver their campaigns.
We run a verification check upfront and remove all identified bad emails & cell numbers from our Campaign database. In addition, we remove all hard bounces from our Campaign database to reduce undeliverable messages for spamming, spoofing and phishing. If there are too many hard bounces or if too many consumers report your marketing messages as ‘Spam’, your domain may be blocked, red flagged or otherwise adversely affected.
Businesses delivering Text messages are required to register their business per A2P 10DLC requirements. You agree to provide all required information such as your legal business name, address, structure (corporation, partnership, LLC etc.) federal employer ID and any other information required to register your business. In addition, you agree to include a ‘User Consent’ form in your website.
We may create a separate phone number for you to deliver your text messages. If too many consumers unsubscribe, block or report your text messages as ‘spam’, your business and campaigns may be blocked, red flagged or otherwise adversely affected.
Since we are delivering your messages to the opt-in consumers with user consent via various electronic communication channels on your behalf, you understand and agree that you shall be solely responsible for any adverse impact to your domain or your business reputation. We take no responsibility and we do not assume any legal liability for any adverse impact to your domain or your business reputation. You shall be solely responsible for any legal actions by anyone for failure to comply with any rules, regulations & laws, or for delivering Spam, Phishing, Spoofing or violating any regulatory requirements. You agree to indemnify and hold Digital Mailbox, Inc., dba Zipinmail and its officers, shareholders, employees, divisions & affiliates harmless against all claims based in whole or in part on your or the end user’s failure to comply with all applicable rules, regulations & laws. In no event shall Digital Mailbox, Inc., dba Zipinmail be liable for any claims against you or us by end users, consumers, businesses, telephone & network carriers or regulatory agencies for non-compliance, violations, lost profits, consequential, incidental, or special damages, or other claims of a similar nature arising from or as a result of your campaigns delivered through Zipinmail platform. If this provision fails for its essential purpose, and in all other cases, Zipinmail’s entire liability shall be limited to the amount received by Zipinmail on account of your subscription and/or purchase of the product or services.

User Rewards.

User Rewards Generally. The Application may make available to you from time to time, in conjunction with certain third-parties, offers (each an “Offer“). When you redeem an Offer through the Application, you will accumulate rewards in your Zipinmail rewards account (“Rewards“). Each Offer may be subject to Additional Terms and may be discontinued by the Company at any time without notice. At any time and in the Company’s sole discretion, the Company may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine what constitutes a redemption to earn the rewards; (iii) determine whether or not you have earned Rewards; or (iv) adjust your Rewards total to accurately and fairly reflect the Rewards that you have actually earned. The Company may, in its sole discretion, deduct from your Zipinmail account any Rewards that the Company determines you have not earned or you have earned in violation of this Agreement. Prior to distribution, Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards except as made available by the Company under Section 5(b) below.
Rewards Redemptions and Minimum Rewards Level. Once you have accumulated a ‘Minimum Distribution Amount’ of Rewards in your Zipinmail account (the “Minimum Distribution Amount”) as displayed on the Company’s website, you may elect to have Zipinmail distribute your Rewards via one or more of the available distribution options as shown in the Application and on the Company’s website. The available distribution options are subject to change without notice to you, in accordance with this Agreement, and you have no vested right to any particular form or method of distribution. You may not redeem any Rewards, and you may not obtain any cash, money, or anything of value in exchange for your Rewards prior to reaching the Minimum Distribution Amount, or if subsequently your Rewards fall below the Minimum Distribution Amount, for as long as your Rewards remain below the Minimum Distribution Amount. The Minimum Distribution Amount is subject to change by the Company at any time. The Company may, at its sole discretion, limit the amount of Rewards that it can distribute in any given period of time or for any particular transaction. If you elect to close your Zipinmail account and you have undistributed Rewards that meet or exceed the Minimum Distribution Amount, you will be expected to distribute such Rewards prior to closing your account, and you must distribute those Rewards even if this means you must distribute your Rewards in the payout option with the lowest minimum distribution amount. If your account is terminated by the Company, and if you fail to properly distribute your Rewards in accordance with this Agreement when closing your account, or if at the time of closing you have less than the Minimum Distribution Amount in your account, any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.
Third-Party Payment Providers and Rewards Cash-out. Certain distribution options are provided by licensed money transmitters authorized by the Company to operate in connection with the Application (e.g., PayPal, Inc.) (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to distribute Rewards through an Authorized Money Transmitter, you further agree (i) that the Company is acting as your agent with respect to the payment processing, and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.
Bonuses. From time to time, the Company may introduce special bonuses or incentives that may be available to you in connection with the Application (“Bonuses”). Such Bonuses may include, for example, a referral bonus to refer others to Zipinmail, using a personal referral code or URL (“Referral Bonus”). Bonuses earned shall be credited to your Account Balance and can be applied towards initial Subscription Plan, Transmission Fees or other products or services offered within Zipinmail platform, but cannot be encashed or combined with Rewards for ‘Cash Out’ or distribution. You will not be eligible to earn Referral Bonuses if you invite other users who share the same mobile device or if they create multiple accounts in an effort to earn Referral Bonuses for inviting themselves, or if you publish your personal referral code on a public website, store, or forum for the purposes of referring people who you do not know personally. You represent and warrant that you will only refer Zipinmail to those individuals whom you know personally. Such actions violate this Agreement and shall be grounds for the Company to terminate your account, rescind any Referral Bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where you cannot produce examples of how you made referrals, including screenshots of where you made referrals, the Company reserves the right to decline to award to you Referral Bonuses, rescind Bonuses, demand repayment of Rewards credited, or take other remedial actions.
Taxes. Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Rewards and you agree to provide the Company with information the Company requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by the Company as a result of your action or inaction in connection with the foregoing (including your failure to provide the Company with information). You agree that the Company is authorized to offset such tax liability from your Rewards.
Escheatment. Under applicable state law, property which is presumed abandoned may under certain circumstances escheat to the applicable state after a certain amount of time, as determined by the law applicable in the state in which you reside (or of your last-known state of residence). You accept and agree that any amounts that remain in your Zipinmail account after such statutory period will be reported to your state of residence as unclaimed property, and the Company may be required to escheat any funds remaining in your Zipinmail account to your last-known state of residence. The Company shall have no liability to you, your respective heirs, legal representatives, successors and assigns, or any other party, should any or all of the remaining funds in your Zipinmail account escheat by operation of law.

Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy [INSERT AS LINK TO MOBILE APP PRIVACY POLICY]. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Content and Services. The Application may provide you with access to Company’s website located at www.Zipinmail.com (the “Website“) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by Website’s Terms of Use and Privacy Policy located at [WEBSITE TERMS OF USE LINK] and [MOBILE APP PRIVACY POLICY LINK], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

the Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination.

The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this 9.
You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination:

all rights granted to you under this Agreement will also terminate; and
you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

Termination will not limit any of Company’s rights or remedies at law or in equity.

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

You understand we are delivering cold, unsolicited marketing messages to opt-in consumer database via various electronic communication channels on your behalf. We are a delivery platform, and you hereby understand and agree that you shall be solely responsible for any adverse impact to your domain or your business reputation. We take no responsibility and we do not assume any legal liability for any adverse impact to your domain or your business reputation. You shall be solely responsible for any legal actions by anyone for delivering Spam, Phishing, Spoofing or violating any regulatory requirements.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of Los Angeles and county of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement, and any agreement expressly referenced herein, constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.