SCREENTIME LEARNING APPLICATION TERMS OF USE

IMPORTANT – READ CAREFULLY. YOUR USE OF THE SCREENTIME LEARNING APPLICATION (THE “APP”) DOWNLOADABLE TO YOUR APP-ENABLED MOBILE DEVICE IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY: (1) CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY SCREENTIME SOLUTIONS, INC. (“SCREENTIME”) OR (2) REGISTERING WITH SCREENTIME AND/OR (3) INSTALLING THE APP, YOU ARE CONFIRMING THAT YOU ARE 21 YEARS OF AGE OR OLDER AND ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE APP UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT THE COMPANY MAY CREATE AND MAKE AVAILABLE ON ITS WEBSITE FROM TIME TO TIME.

This is a legal agreement between you (“You”) and ScreenTime, stating the terms that govern your use of the App. The App is intended to permit you to require your child to correctly answer quiz questions in order to unlock the use of the mobile device (except for permitted emergency and other calls). This will help you help your child learn while using the mobile device.

To use the App, You need to create a ScreenTime account. You create an account by signing-up on the App, when prompted, with your email address and a password, as well as entering your child(s) name, age, and grade. You will then receive an email requiring you to verify the information you entered and then accept ScreenTime’s terms of use and privacy policy to activate your account. You may only create one account for up to three (3) mobile devices for personal use only. It is a condition of your use of the App that all the information you provide is correct, current and complete. As part of the registration process, you may be asked to provide ScreenTime with additional information, such as an acceptable username, email address, zip code and a telephone number that is capable of receiving text messages. Your account is non-transferrable and may not be sold or shared with any other person. You agree to keep your account information up-to-date with us so that we may communicate with you and you agree to provide such updated information to ScreenTime upon request.

The App is licensed, not sold, to You for use only under the terms of this license. ScreenTime reserves all rights not expressly granted to You. As part of the ScreenTime Terms of Use, this agreement is subject to occasional amendment.

Scope of License: This license granted to You for the App by ScreenTime is limited to a non-transferable license to use the licensed application on any supported version for up to three (3) Android devices that You own or control. This license will allow You to use the App on up to three (3) mobile devices that you own (for up to three (3) children) and to which you download the App. You may not distribute or make the App available over a network where it could be used by multiple non-owned or controlled devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App, although you can permit others (such as your children) to use the App as part of accessing and use of your mobile device(s). You understand that the App is protected under intellectual property laws and that You or anyone using your mobile device may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of the rights of ScreenTime and/or its licensors. If You or any user breaches this restriction, You or the user may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by ScreenTime that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Consent to Use of Data: You agree that ScreenTime may collect and use technical data and related information, including but not limited to information obtained through your child’s answers to questions provided through the App, technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the App. [ScreenTime will use information related to use of the App for general research purposes, and answers provided to determine additional questions to provide to the device. ScreenTime will also use this information to improve its products and/or to provide services or technologies to You, and may use the information to suggest products and services You may be interested in]. Our privacy policy describes our use of data in greater detail.

Termination. The license is effective until terminated by You or ScreenTime. Your rights under this license will terminate automatically without notice from ScreenTime if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the App, and destroy all copies, full or partial, of the App.

Services; Third Party Materials. The App enables access to use of the Android device onto which the App is downloaded. You understand we have no responsibility for any content or functionality associated with your mobile device and the use thereof. You agree to use your mobile device at Your sole risk and that ScreenTime shall not have any liability to You or anyone using your mobile device for any aspect of the mobile device, including damage to the device or content accessed through use of the mobile device.

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP LIMITS ACCESS TO YOUR MOBILE DEVICE, AND THAT YOUR USE OF THE APP AND YOUR MOBILE DEVICE CONTAINING THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SCREENTIME HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SCREENTIME DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP OR YOUR MOBILE DEVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCREENTIME OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.YOU ARE RESPONSIBLE FOR INSTRUCTING ANYONE USING YOUR MOBILE DEVICE HOW THE APP OPERATES AND THE TYPES OF CALLS A USER MAY MAKE WITHOUT ANSWERING QUESTIONS (E.G. EMERGENCY CALLS OR CALLS TO SELECTED NUMBERS).WE STRONGLY RECOMMEND INPUTTING SEVERAL EMERGENCY CONTACT NUMBERS AND/OR REGULARLY DIALED FAMILY NUMBERS AS PHONE NUMBERS WHICH CAN BE DIALED WITHOUT ANSWERING QUESTIONS CORRECTLY.

You agree to be solely responsible for maintaining the confidentiality of your password and account details and you shall keep your password confidential at all times and shall not permit it to be used by any other person.

To the extent the law permits, You release us from any claims or liability related to any use of the App or the mobile device containing the App. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Limitation of Liability YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF YOUR MOBILE DEVICE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SCREENTIME BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SCREENTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ARE ALSO RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION YOU INPUT INTO THE APP. In no event shall ScreenTime’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

We reserve the right, from time to time, with or without notice, to change these Terms of Use at our sole discretion. All changes to these Terms of Use will be effective and binding upon You two (2) business days after we send notice to the email address we have on file for You. If you do not agree to any change to these Terms of Use, you must immediately cease using the App and delete it from your mobile device.

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.

These Terms of Use constitute the entire agreement between You and ScreenTime and govern your use of the App and any mobile device containing the App.

If you have any questions concerning the App or these Terms of Use, please contact us at 42309 Winchester Road, Suite D, Temecula, CA, 92590 or terms@screentimesolutions.com.