AtCash Privacy Policy

Our Privacy Policy will help you know what data we collect from you and how we use it, and explain how you have meaningful control over both.

You should read this policy in full, but here are a few key things we hope you take away from it:

  • When you use AtCash and any of its applications, such as Keepook (each individually is an “AtCash App” and collectively are the “AtCash Apps”), even if you’re just looking, we receive some personal information from you like the type of device you’re using and your IP address. You can choose to share additional information with us like your email address, phone number, address book contacts, and a public profile. We use this information for things like keeping your account secure and suggesting to you people to follow, events, and ads.
  • If you consent to our policies and terms of use, and provide any personal data to us, such data will be uploaded and stored on our servers.
  • We give you control through your settings to limit the data we collect from you and how we use it, and to control things like account security, marketing preferences, apps that can access your account, and address book contacts you’ve uploaded to AtCash apps.
  • If you have questions about this policy, how we collect or process your personal data, or anything else related to our privacy practices, we want to hear from you. You can contact us at any time at help@atcash.com .

SECTION 1: Information you share with us

We require certain information to provide the Services to you. For example, you must have an account in order to upload or share content on AtCash apps like Keepook. When you choose to share the information below with us, we collect and use it to operate our services.

1.1 Basic account information

If you do choose to create an account, you must provide us with some personal data so that we can provide the Services to you. On Keepook, for example, this includes a display name, a username, a password, and an email address or phone number. Your display name and username are always public, but you can use either your real name or a pseudonym. We also collect additional information from your profile that you have voluntarily provided, such as, but not limited to, your gender or are. Note that pseudonyms are traceable to your real identity and use of a pseudonym will not release you from the responsibility to use any AtCash App as intended and in accordance with all AtCash policies and applicable laws and regulations.

1.2 Public information

You are responsible for the information you provide through the Services, and you should think carefully about what you make public, especially if it is sensitive information. We may use technology like application programming interfaces (APIs) and embeds to make some of your publicly available information available to websites, apps, and others for their use – for example, displaying anonymized content on a news website or analyzingwhat people say on AtCash Apps. We generally make this content available in limited quantities for free and charge licensing fees for large-scale access. We have standard terms that govern how this data can be used, and a compliance program to enforce these terms. But these individuals and companies are not affiliated with AtCash, and their offerings may not reflect updates you make on AtCash Apps.

1.3 Contact information and address books

We use your contact information, such as your email address or phone number, to authenticate your account and keep it (and our services) secure, andto help prevent spam, fraud, and abuse. We also use contact information to personalize our services, enable certain account features, and to send you information about our services. If you provide us with your phone number, you agree to receive text messages from AtCash to that number as your country’s laws allow. AtCash also uses your contact information to market to you as your country’s laws allow, and to help others find your account if your settings permit, including through third-party services and client applications. You can use your settings for email and mobile notifications to control notifications you receive from AtCash. You can also unsubscribe from a notification by following the instructions contained within the notification.

You can choose to upload and sync your address book on AtCash apps so that we can help you find and connect with people you know and help others find and connect with you. We also use this information to better recommend content to you and others.

If you email us, we will keep the content of your message, your email address, and your contact information to respond to your request.

1.4 Direct messages and non-public communications

We provide certain features that let you communicate more privately or control who sees your content. For example, you can use AtCash in-app messaging services (“Direct Messages”) to have non-public conversations on our applications. When you communicate with others by sending or receiving Direct Messages, we will store and process your communications and information related to them. This includes link scanning for malicious content, detection of spam and prohibited images, and review of reported issues. We also use information about whom you have communicated with and when to better understand the use of our services, to protect the safety and integrity of our platform, and to show more relevant content. We share the content of your Direct Messages with the people you’ve sent them to; and may use them to serve you ads. When you use features like Direct Messages to communicate, remember that recipients have their own copy of your communications on their account, computer, or device – even if you delete your copy of those messages from your account, computer, or device – which they may duplicate, store, or re-share.

1.5 Payment information

You may provide us with payment information, including your bank account, credit or debit card number, card expiration date, CVV code, and billing address, in order to purchase advertising or other offerings provided as part of our services. We use third party payment processors and may “tokenize” credit card information in connection with any of the AtCash Apps that require payment and that may generate tokens for users. AtCash will regularly evaluate the security measures taken by third party services providers to ensure your personal banking details are being securely maintained.

1.6 How you control the information you share with us

AtCash privacy and safety settings let you decide:

  • Whether you will be able to receive Direct Messages from anyone using AtCash Apps of just your contacts
  • Whether others can find you based on your email or phone number
  • Whether you upload your address book to AtCash Apps for storage and use
  • Whether you want to block or mute other AtCash App accounts

SECTION 2: Additional information we receive about you

We receive certain information when you use our services or other websites or mobile applications that include our content, and from third parties including advertisers. Like the information you share with us, we use the data below to operate our services.

2.1 Location information

We require information about your signup and current location, which we get from signals such as your IP address or device settings, to securely and reliably set up and maintain your account and to provide our services to you.

Subject to your settings, we may collect, use, and store additional information about your location – such as your current precise position or places where you’ve previously used AtCash Apps – to operate or personalize our services including with more relevant content like local trends, stories, ads, and suggestions for people to follow.

2.2 Links

In order to operate our services, we keep track of how you interact with links across our services. This includes links in emails we send you or that appear on other websites or mobile applications.

If you click on an external link or ads on our services, that advertiser or website operator might figure out that you came from an AtCash App, along with other information associated with the ad you clicked such as characteristics of the audience it was intended to reach. They may also collect other personal data from you, such as cookie identifiers or your IP address.

2.3 Cookies

A cookie is a small piece of data that is stored on your computer or mobile device. Like many websites, we use cookies and similar technologies to collect additional website usage data and to operate our services. Cookies are not required for many parts of our services such as searching and looking at public profiles. Although most web browsers automatically accept cookies, many browsers’ settings can be set to decline cookies or alert you when a websiteis attempting to place a cookie on your computer. However, some of our services may not function properly if you disable cookies. When your browser or device allows it, we use both session cookies and persistent cookies to better understand how you interact with our services, to monitor aggregate usage patterns, and to personalize and otherwise operate our services such as by providing account security, personalizing the content we show you including ads, and remembering your language preferences.

2.4 Advertisers and other ad partners

Advertising revenue allows us to support and improve our services. We use the information described in this Privacy Policy to help make our advertising more relevant to you, to measure its effectiveness, and to help recognize your devices to serve you ads on and off of AtCash Apps. Our ad partners and affiliates share information with us such as browser cookie IDs, mobile device IDs, hashed email addresses, demographic or interest data, and content viewed or actions taken on a website or app. Some of our ad partners, particularly our advertisers, also enable us to collect similar information directly from their website or app by integrating our advertising technology.

AtCash adheres to the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral Advertising (also referred to as “interest-based advertising”) and respects the DAA’s consumer choice tool for you to opt out of interest-based advertising at https://optout.aboutads.info. In addition, our ads policies prohibit advertisers from targeting ads based on categories that we consider sensitive or are prohibited by law, such as race, religion, politics, sex life, or health status, and we will not discriminate against any users based on those categories.

If you are an advertiser or a prospective advertiser, we process your personal data to help offer and provide our advertising services. You can update your data by contacting us directly as described in this Privacy Policy.

2.5 Developers

If you access our APIs or developer portal, we process your personal data to help provide our services. You can update your data by contacting us directly as described in this Privacy Policy.

2.6 Other third parties and affiliates

We may receive information about you from third parties who are not our ad partners, such as partners who help us evaluate the safety and quality of content on our platform, our corporate affiliates, and other services you link to your account.

2.7 Personalizing across your devices

When you log into your account on a browser or device, we will associate that browser or device with your account for purposes such as authentication, security,and personalization. Subject to your settings, we may also associate your account with browsers or devices other than those you use to log into your account (or associate your logged-out device or browser with other browsers or devices).

2.8 How you control additional information we receive

Your data settings let you decide:

  • How we personalize your experience across devices
  • Whether we collect and use your precise location
  • Whether we personalize your experience based on where you’ve been
  • Whether we keep track of the websites where you see AtCash App content

SECTION 3: Information we share and disclose

In the limited circumstances where we disclose your private personal data, we do so subject to your control, because it’s necessary to operate our services, or because it’s required by law.

3.1 Sharing you control

We share or disclose your personal data with your consent or at your direction, such as when you authorize a third-party web client or application to access your account or when you direct us to share your feedback or trust score with a business.If you’ve shared information like Direct Messages or with someone else who accesses AtCash Apps through a third-party service, keep in mind that the information may be shared with the third-party service.

Subject to your settings, we also provide certain third parties with personal data to help us offer or operate our services. For example, we share with advertisers the identifiers of devices that saw their ads, to enable them to measure the effectiveness of our advertising business. We also share device identifiers, along with the interests or other characteristics of a device or the person using it, to help partners decide whether to serve an ad to that device or to enable them to conduct marketing, brand analysis, interest-based advertising, or similar activities.

3.2 Service providers

We engage service providers to perform functions and provide services to us in the United States and other countries. For example, we use a variety of third-party services to help operate our services, and to help us understand the use of our services, such as Google Analytics. We may share your private personal data with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition thatthe third parties use your private personal data only on our behalf and pursuant to our instructions. We share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit and debit cards.

3.3 Law, harm, and the public interest

Notwithstanding anything to the contrary in this Privacy Policy or controls we may otherwise offer to you, we may preserve, use, or disclose your personal data if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to protect the safety or integrity of our platform, including to help prevent spam, abuse, or malicious actors on our services, or to explain why we have removed content or accounts from our services; to address fraud, security, or technical issues; or to protect our rights or property or the rights or property of those who use our services. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your personal data.

3.4 Affiliates and change of ownership

In the event that we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your personal data may be sold or transferred as part of that transaction. This Privacy Policy will apply to your personal data as transferred to the new entity. We may also disclose personal data about you to our corporate affiliates in order to help operate our services and our affiliates’ services, including the delivery of ads.

SECTION 4: Managing your personal information with us

You control the personal data you share with us. You can access or update this data at any time. You can also deactivate your account, following the instructions in the appropriate AtCash App. We also provide you tools to object, restrict, or withdraw consent where applicable for the use of data you have provided to AtCash. We make the data you shared through our services portable and provide easy ways for you to contact us.

4.1 Accessing or updating your personal data

If you have registered an account on an AtCash App, we provide you with tools and account settings to access, correct, delete, or modify the personal data you provided to us and associated with your account.

4.2 Deletion

We keep Log Data for a maximum of 18 months. If your account is deactivated and then deleted, your account, including your display name, username, and public profile, will no longer be viewable on any AtCash Apps. It may be possible for up to 30 days after deactivation to restore your account if it was accidentally or wrongfully deactivated.

We will do our best to ensure you have the “right to be forgotten” if your account has been deactivated. However, because some or all of the interactions conducted on AtCash Apps are recorded using distributed ledger (i.e., blockchain) technology, it is not possible to completely delete all interaction history from the internet or blockchain. In addition, some search engines and other third parties may still retain copies of your public information, even after you have deleted the information from our services or deactivated your account.

4.3 Portability

AtCash Apps provide you a means to download the information you have shared through our services.

4.4 Additional information or assistance

Thoughts or questions about this Privacy Policy? Please let us know by contacting us at help@atcash.com .

The data controller responsible for your personal data is AtCash, Inc. You can contact the data controller by e-mail at help@atcash.com .

SECTION 5: Other information

Children and our services

Our services are not directed to children, and you may not use our servicesif you are under the age of 13, unless you have the permission of a parent or legal guardian. You must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Our global operations

To provide you our services, we operate globally. Where the laws of your country allow you to do so, you authorize us to transfer, store, and use your data in the United States and any other country where we operate. In some of the countries to which we transfer personal data, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those of your country.

Changes to this privacy policy

We may revise this Privacy Policy from time to time with respect to AtCash Inc., any of its affiliates, and any of its applications. The most current version of the policy will govern our processing of your personal data and will always be available at: www.atcash.com/terms .

If we make a change to this policy that, in our sole discretion, is material, we will notify you via an update through the appropriate AtCash App or email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Effective: September 25, 2019

 

 

AtCash Rules

We believe that everyone should have the power to create and share ideasand information instantly, without barriers. In order to protect the experience and safety of people who use AtCash applications, there are some limitations on the type of content and behavior that we allow. These limitations are set forth in the AtCash Rules below.

The AtCash Rules (along with all incorporated policies), Privacy Policy, and Terms of Service collectively make up the “AtCash User Agreement” that governs a user’s access to and use of AtCash’s services.

All individuals accessing or using AtCash’s services must adhere to the policies set forth in the AtCash Rules. Failure to do so may result in AtCash taking one or more of the following enforcement actions:

  • requiring you to delete prohibited content before you can again create new posts and interact with other AtCash App users;
  • temporarily limiting your ability to interact with other AtCash App users;
  • asking you to verify account ownership with a phone number or email address; or
  • permanently suspending your account(s).

If you attempt to evade a permanent suspension by creating new accounts, we reserve the right to suspend your new accounts.

Note that we may need to change these AtCash Rules from time to time to comply with applicable laws and regulations, or as our user community requires, and reserve the right to do so. The policies set forth in these AtCash Rules govern organic content on our platform.

Legal limitation of promises on AtCash Apps

One or more of the AtCash Apps enable users to make and accept promises with other users. AtCash App users hereby acknowledge and agree that promises made using AtCash Apps may be of a “social” nature and not enforceable in a court of law or other adjudicatory proceeding if one party does not fulfill the terms of its promise to another.

Despite the enforceability limitations of such promises, AtCash App users making and accepting promises using one or more of the AtCash Apps acknowledge that they are of sound mind and body at the time of making or accepting such promise.

AtCash and any of its affiliated entities, directors, officers, employees, advisors, or contractors assume no legal liability in the event an AtCash App user fails to fulfill its obligations to another AtCash App user using any AtCash App and AtCash App users agree that they have no legal standing to pursue any action against such parties in the event a promise made or accepted using an AtCash App is not fulfilled.

Trust scores and tokens

Some AtCash Apps, such as Keepook, assign users a trust score and tokens (called At.Cash tokens) based on their promise fulfillment history. A user’s trust score is based on a variety of factors, which includes, but is not limited to (i) the number of promises made, (ii) the number of promises kept, (iii) the length of the user’s use of the platform, and (iv) the number of unique promises made on the platform.

Promises with another AtCash App user that have been marked as “kept” will earn a user At.Cash tokens. Promises to self (e.g., “I promise I will run for 30 minutes on Sunday”) do not earn tokens. Promises made by users who are part of a group will be rewarded with partial tokens to the first ten people for voting .

There are a finite number of At.Cash tokens, and each user will have a maximum lifetime number of tokens they can earn. AtCash App users whose accounts have been inactive for three or more months may be subject to losing some of their accrued tokens.

AtCash App users who make and accept promises that appear to be non-sense or otherwise are being made and fulfilled for the purpose of manipulating the At.Cash token system are not permitted. Users engaging in such activity may have their accounts suspended or deactivated and may forfeit their accumulated At.Cash tokens.

Content boundaries and use of AtCash Applications

Intellectual property

Trademark: We reserve the right to suspend accounts or take other appropriate action when someone’s brand or trademark, including business name and/or logo, is used in a manner that may mislead or confuse others about your brand affiliation.

Copyright: We will respond to clear and complete notices of alleged copyright infringement.

Graphic violence and adult content

We consider graphic violence to be any form of gory media related to death, serious injury, violence, or surgical procedures. We consider adult content to be any media that is pornographic and/or may be intended to cause sexual arousal. Graphic violence and adult content are generally prohibited from being used or posted on any AtCash App.

Unlawful use

You may not use AtCash Apps for any unlawful purposes or in furtherance of illegal activities. By using AtCash Apps, you agree to comply with all applicable laws governing your online conduct and content and any offline conduct initiated by your use of the AtCash Apps.

Misuse of usernames

Selling usernames: You may not buy or sell AtCash App usernames.

Username squatting: You may not engage in username squatting. Some of the factors we take into consideration when determining whether conduct is username squatting include:

  • the number of accounts created;
  • the creation of accounts for the purpose of preventing others from using those account names;
  • the creation of accounts for the purpose of selling those accounts; and
  • the use of third-party content feeds to update and maintain accounts under the names of those third parties.

AtCash may, in its sole discretion, also suspend or remove accounts that are inactive for more than six months. If your account has been suspended or removed due to inactivity for more than six months, contact us at help@atcash.com to discuss reactivating your account.

Abusive behavior

AtCash prohibits behavior that crosses the line into abuse, including behavior that harasses, intimidates, or uses fear to silence another user’s voice, regardless of whether such behavior is illegal. Context matters when evaluating for abusive behavior and determining appropriate enforcement actions. Factors we may take into consideration include, but are not limited to whether:

  • the behavior is targeted at an individual or group of people;
  • the report has been filed by the target of the abuse or a bystander;
  • the behavior is newsworthy and in the legitimate public interest.

Violence and physical harm

Violence: AtCash Apps may not be used to promote or make specific threats of violence or wish for the serious physical harm, death, or disease of an individual or group of people. This includes, but is not limited to, threatening or promoting terrorism. AtCash App users may not affiliate with organizations that – whether by their own statements or activity both on and off the platform – use or promote violence to further their causes.

Suicide or self-harm: AtCash App users may not promote or encourage suicide or self-harm. When we receive reports that a person is threatening suicide or self-harm, we may take a number of steps to assist them, such as informing law enforecement, reaching out to that person and providing resources such as contact information for our mental health partners.

Child sexual exploitation: AtCash App users may not promote child sexual exploitation.

Abuse and hateful conduct

Abuse: AtCash App users may not engage in the targeted harassment of someone, or incite other people to do so. We consider abusive behavior an attempt to harass, intimidate, or silence someone else’s voice.

Unwanted sexual advances: AtCash App users may not direct abuse at someone by sending unwanted sexual content, objectifying them in a sexually explicit manner, or otherwise engaging in sexual misconduct, or making or accepting promises on an AtCash App relating to such activities.

Hateful conduct: AtCash App users may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.

Hateful imagery and display names: AtCash App users may not use hateful images or symbols in your profile image or profile header. AtCash App users also may not use your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.

Private information and intimate media

Private information: AtCash App users may not publish or post other people’s private information without their express authorization and permission. Definitions of private information may vary depending on local laws.

Intimate media: AtCash App users may not post or share intimate photos or videos of someone that were produced or distributed without their consent.

Threats to expose/hack: AtCash App users may not threaten to expose someone’s private information or intimate media. AtCash App users also may not threaten to hack or break into someone’s digital information.

AtCash App users may not impersonate individuals, groups, or organizations in a mannerthat is intended to or does mislead, confuse, or deceive others. This includes, but is not limited to, creating accounts that use the name, image, or other identifying information of public figures.

Spam and security

AtCash strives to protect people using AtCash Apps from technical abuse and spam.

AtCash App users may not do, or attempt to do, any of the following while accessing or using AtCash Apps:

  • Access, tamper with, or use non-public areas of AtCash, AtCash’s computer systems, or the technical delivery systems of AtCash’s providers.
  • Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures.
  • Access or search, or attempt to access or search, AtCash or AtCash Apps by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by AtCash (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with AtCash.
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use AtCash Apps to send altered, deceptive, or false source-identifying information.
  • Interfere with or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing AtCash’s services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on AtCash Apps.

Any accounts engaging in the following activities may be temporarily locked or subject to permanent suspension:

  • Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another person’s browser or computer or to compromise a person’s privacy.
  • Spam: You may not use AtCash’s services for the purpose of spamming anyone. Spam is generally defined as bulk or aggressive activity that attempts to manipulate or disrupt the experience of users on AtCash Apps to drive traffic or attention to unrelated accounts, products, services, or initiatives.

Monitoring compliance with policies and support of the user community

While we may investigate accounts and activity related to accounts that may be in violation of this policy, we rely on our user community to alert us to any accounts that promote violence and physical harm.

Content Visibility

Accounts under investigation or which have been detected as sharing contentin violation of these AtCash Rules may have their account suspended or deactivated. If you believe that your account has been improperly suspended or deactivated, contact us at sales@atcash.com to discuss and resolve the suspension or deactivation.

 

 

NON-DISCLOSURE AND NON-CIRCUMVENTION AGREEMENT

This non-disclosure and non-circumvention agreement (this “Agreement”) is made effective as of the date the User (as defined below) agrees to its terms, by and between (i) AtCash, Inc. (the “Company”), and (ii) the individual or organization agreeing to be a Beta tester of the Company’s mobile application called Keepook (the “User”). Each of the Company and the User are a  “Party” and together are the “Parties.”

The Company has requested that the User agrees that the User will protect the confidential material and information that may be disclosed between the Company and the User.

Therefore, the Parties agree as follows:

  1. CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to the Company, whether or not owned or developed by the Company, which is not generally known other than by the Company, and which the User may obtain through any direct or indirect contact with the Company. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the Company concerning the business, technology and information of the Company and any third party with which the User deals, including without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.
    1. “Confidential Information” does not include:
      1. matters of public knowledge that result from disclosure by the Company;
      2. information rightfully received by the User from a third party without a duty of confidentiality;
      3. information independently developed by the User;
      4. information disclosed by operation of law;
      5. information disclosed by the User with the prior written consent of the Company; and
      6. any other information that the Parties agree in writing is not confidential.
  2. PROTECTION OF CONFIDENTIAL INFORMATION. The User understands and acknowledges that the Confidential Information has been developed or obtained by the Company by the investment of significant time, effort and expense, and that the Confidential Information is a valuable special and unique asset of the Company that provided the Company with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the User of the Confidential Information, the User agrees as follows:
    1. No Disclosure. The user will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Company.
    2. No Copying/Modifying. The User will not copy or modify any Confidential Information without the prior written consent of the Company.
    3. Unauthorized Use. The User shall promptly advise the Company if the User becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
    4. Application to Employees or Other Persons. The User shall not disclose any Confidential Information to any employees of the User or other persons, except those employees or other persons who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. The User agrees to indemnify the Company for any unauthorized disclosure of Confidential Information by any of its permitted employees other persons to whom Confidential Information is disclosed by the User.
  3. UNAUTHORIZED DISCLOSURE OF INFORMATION – INJUNCTION.  If it appears that the User has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Company shall be entitled to an injunction to restrain the User from disclosing the Confidential Information in whole or in part. The Company shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
  4. NON-CIRCUMVENTION. For a period of three (3) years after the end of the term of this Agreement, the User will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by the Company to the User for the purpose of circumventing the business of the Company, the result of which shall be to prevent the Company from realizing or recognizing a profit, fees, or otherwise, without the specific written approval of the Company. If such circumvention shall occur, the Company shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction.
  5. RETURN OF CONFIDENTIAL INFORMATION. Upon the written request of the Company, the User shall return to the Company all written materials containing the Confidential Information, or delete any mobile applications on any of the User’s electronic devices relating thereto.
  6. RELATIONSHIP OF PARTIES. Neither Party has an obligation under this Agreement to purchase any service or item from the other Party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture between the Parties.
  7. NO WARRANTY. The User acknowledges and agrees that the Confidential Information is provided on an “as is” basis. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. The Company does not represent or warrant that any product or business plans disclosed to the User will be marketed or carried out as disclosed, or at all. Any actions taken by the User in response to the disclosure of the Confidential Information shall be solely at the risk of the User.
  8. LIMITED LICENSE TO USE. The User shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The User acknowledges that, as between the Company and the User, the Confidential Information and all related copyrights and other intellectual property rights are (and at all times will be) the property of the Company, even if suggestions, comments, and/or ideas made by the User are incorporated into the Confidential Information or related materials during the period of this Agreement.
  9. INDEMNITY. Each Party agrees to defend, indemnify, and hold harmless the other Party and, to the extent applicable, its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation or warranty under this Agreement.
  10. ATTORNEY’S FEES. In any legal action between the Parties concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorney’s fees and costs.
  11. TERM. The obligations of this Agreement shall survive three (3) years from the Effective Date or until the Company provides notice to the User releasing the User from this Agreement.
  12. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the Parties regarding confidentiality. Any amendments must be in writing and signed by both Parties. This Agreement shall be construed under the laws of the state of Delaware, USA. This Agreement shall not be assignable by either Party. Neither Party may delegate its duties under this Agreement without the prior written consent of the other Party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in in accordance with the terms of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and be construed so as to best effectuate the original intent and purpose of this Agreement.
  13. WHISTLEBLOWER PROTECTION. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.
  14. SIGNATORIES. This Agreement shall be deemed executed by the Parties as of the date the User agrees to its terms by clicking on the box marked “I AGREE” below.