OTTO EULA

Overview. This license (the "License") governs your use of this mobile application (the "App") provided by Pinger, Inc. ("Licensor").

Applicability. This License incorporates by reference the terms applicable to apps ("App Store Terms") made available by the particular app store from which you downloaded the Licensed Application ("App Store"). This License also incorporates by reference the Privacy Policy located at http://www.pinger.com/content/company/privacy_policy.html. The terms of this License control in the event of any conflict with the Privacy Policy or the App Store Terms. Licensor reserves the right to change, modify or update this License at any time by posting revised versions at http://www.pinger.com ("Pinger Site") and you agree that posting of such updates constitutes sufficient notice to you regarding such updates. Your continued use of App following posting of updates on the Pinger Site constitutes your acceptance of the same.

License. Subject to the terms of this License, Licensor grants to you a royalty-free, non-exclusive, non-transferable license to use the App for your personal use only and only on the device on to which it is downloaded. You agree that you shall not make or permit the making of any modifications, additions or enhancements to the App, or cause or permit the disassembly, decompilation or reverse engineering of the App except and only to the extent allowed by applicable law.

Ownership. Licensor and its providers retain all right, title and interest, including all intellectual property rights embodied in the App.

Requirements & Limitations. A data connection is required to use the App. You are solely responsible for any fees and costs associated with that data connection, such as wireless data charges. By using the App you agree to allow the App to access the native MMS and SMS features of your mobile device, and your contacts, to enable communications features of the App. Licensor does not store or copy any of your contacts or messages. You acknowledge and agree that: (i) you will use the App only for lawful purposes and in compliance with applicable law; and (ii) you will not engage in any activity that interferes with or disrupts the App. You agree that you will not create or transmit any content or communications using the App that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that constitute spam or that may violate or infringe the rights or privacy of third parties, as determined by Licensor in its sole discretion.

Additional Terms include the following:

Term and Termination. This License is effective until terminated by you or Licensor. Licensor may terminate the License and/or disable use of the App at any time, for any reason, and without any liability to you. You may terminate the License at any time, for any reason, by contacting support@pinger.com and stating that you are terminating your use of App. Except for rights of Licensor which survive expiration or termination, upon termination your Account will be terminated by the next business day (Monday through Friday, excluding US federal and California state holidays) and the licenses granted to you shall cease and you shall promptly uninstall the Apps. The protections afforded to Licensor under the App Store Terms, sections in the License entitled "Ownership" and all of the Additional Terms shall survive termination or expiration.

No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT YOUR USE OF APP WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIME, SECURE, OR FREE FROM ERROR. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP.

Limitation of Liability. IN NO EVENT WILL LICENSOR AND ITS SUPPLIERS AND RESELLERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO USE OF THE APP, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TEN DOLLARS (U.S. $10.00). NOTHING HEREIN SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnification and Waiver. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF EXPERTS, RESULTING FROM (I) ANY VIOLATION OR BREACH OF THIS LICENSE BY YOU, (II) ANY ACTIVITY RELATED TO YOUR ACCESS TO OR USE OF THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), OR (III) THE AUTHORIZED USE AND PROCESSING OF DATA PROVIDED BY YOU OR OBTAINED FROM THIRD PARTY SERVICES AT YOUR DIRECTION OR WITH YOUR CONSENT.

Governing Law; Venue. This License shall be governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between the parties regarding this License will be subject to the exclusive venue of the state and federal courts in the state of California of the United States of America in San Francisco, San Mateo and Santa Clara counties. The parties hereby consent to the exclusive jurisdiction and venue of such courts. Any dispute between you and Licensor, specifically excluding actions by Licensor to enforce and protect its rights in the App, shall be resolved through binding arbitration conducted through the American Arbitration Association in San Francisco, California; (ii) you and Licensor agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding; (iii) unless both you and Licensor agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (iv) you acknowledge and agree that you are waiving a right to litigate applicable disputes in court before a judge or jury.

Severability; No Waiver. If any provision is deemed invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect its intent, and the remaining provisions shall continue in full force and effect. The failure by either you or by Licensor to exercise or enforce any rights or provisions herein shall not constitute a waiver of such right or provision.

Use of Electronic Communications. You agree to the use of electronic communication to enter into agreements, contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Licensor.

Entire Agreement. The foregoing sets forth the entire understanding and complete and exclusive statement of the agreements between you and Licensor and supersedes any proposal or prior agreements or understandings between you and Licensor with respect thereto.

General. No rights granted to you may be assigned by you in whole or in part without the prior written approval of Licensor. Any assignment in violation of the foregoing shall be null and void. Licensor shall not be liable for any delay in the performance hereunder due to causes beyond its or their direct control, including but not limited to actions by third parties, an act of God, war or natural disaster. You have no third party beneficiaries. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of this License must be filed within one (1) year after such claim or cause of action arose or be forever barred.

© 2017 Pinger, Inc. All rights reserved

Last updated 3/31/17