End User License Agreement

Effective Date: April 5, 2019

This End User License Agreement (“License”) is an agreement between you and Eturi Corp. (“Eturi”) and governs your use of the access and use of the Vew applications, including those for use on mobile devices, tablets, personal computers and any other devices that connect to the Internet (“Vew Applications”). The Site and Vew Applications are collectively referred to herein as the “Services.” By using the Services, you are consenting to the practices described in this License, Privacy Policy, and Terms of Use incorporated herein by reference. If you do not agree with these terms (“Terms”), please discontinue use of the Services.

PLEASE NOTE THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. FOR MORE INFORMATION ABOUT THE BINDING ARBITRATION PROVISION AND HOW TO OPT OUT, PLEASE SEE BELOW.

License

Eturi grants you a personal, non-transferable, non-exclusive, limited license to use the Vew Applications for your non-commercial use.

You expressly acknowledge and accept that you will only use the Vew Applications to monitor a device used by a person under the age of 18 for whom you are the legal guardian. You expressly acknowledge and accept that you will not use the Vew Applications to monitor a device used by any person 18 years of age or older or for whom you are not the legal guardian. By registering for, using, and/or purchasing the Vew Applications, you acknowledge and expressly consent to only the monitoring of devices of individuals who are under the age of 18 and for whom you are the legal guardian.

The rights granted to you in this License are subject to the following restrictions.

You shall not (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Vew Applications, (b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Vew Applications, except to the extent the foregoing restrictions are expressly prohibited by applicable law, (c) access the Vew Applications in order to build similar or competitive Vew Applications, (d) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Vew Applications, (e) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data, (f) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers), (g) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Vew Applications (e.g., a denial of service attack), (h) attempt to gain unauthorized access to the Vew Applications or servers or networks connected to the Vew Applications (e.g., through password mining), (i) interfere with another user’s use and enjoyment of the Vew Applications, or (j) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, the Vew Applications.

Additionally, you shall not use the Vew Applications in any manner that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (b) is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) is harmful to minors in any way, (e) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, or (f) violates of any law, regulation, or contractual obligations.

Eturi reserves the right, at any time, to modify, suspend, or discontinue the Vew Applications or any part thereof at any time with or without notice. In the future we may offer additional Vew Applications, features, functionalities and in-app purchases. You agree that Eturi will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Vew Applications or any part thereof.

Changes to this License

This License is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to Eturi (if any) and/or by prominently posting notice of the changes on the Vew Applications. Any changes to this License will be effective upon thirty (30) calendar days following our e-mail notice to you (if applicable) or following our posting of notice of the changes on the Vew Applications, whichever is earlier. These changes will be effective immediately for new users of the Vew Applications.

You acknowledge that your continued use of the Vew Applications after the implementation of any changes to this License will signify your acceptance of this License.

Membership and Account

We may offer a number of membership plans, including plans with differing conditions and limitations, or membership rates, including special promotional rates or free trials. We reserve the right to modify, terminate, or otherwise amend our membership plans at any time. We do not guarantee that a specific membership plan or rate will always be available. We will provide you reasonable notice upon the modification of a membership plan or rate. Unless otherwise stated, month, year, monthly, yearly or annual refers to your billing cycle.

Certain features of our platform are provided to you free-of-charge (“Vew Free Services”). Other features require payment before you can access them (“Vew Paid Services”). The number of devices that may be paired with an account, and the features provided, depends on the type of plan selected. No business or institution may access the Vew Applications for commercial uses. By downloading and using the Vew Applications, you represent that you accept and are in compliance with the restrictions set forth in this License.

Billing Information

To use the Vew Paid Services, you must have Internet access and provide us with a current, valid and accepted method of payment (“Payment Method”). The day that you purchase and activate your Vew Applications account (“Activation Date”) is the first day of your billing cycle. If you choose to engage in a “free trial,” after providing a current, valid and accepted method of payment, you may cancel within the free trial period and will not be charged. If you do not cancel, you authorize activation of Vew Paid Services, which will start the first day after the end of the free trial period. Your Vew Paid Services will expire after the amount of time set forth in your subscription email, print out, gift or trial activation offer (“Subscription Term”), as calculated from the Activation Date.

By purchasing or activating the Vew Paid Services, you authorize Eturi to charge the stated Vew Paid Services fee amount, and any applicable sales, telecommunication, excise or similar taxes to the payment method that you provided at the time of purchase or activation. Your Vew Paid Services will automatically renew every month in accordance with the terms of your Subscription Term. Vew Paid Services fees includes charges for any applicable sales, telecommunication, excise or similar taxes. The Vew Paid Services fee is exclusive of any applicable federal, state, municipal taxes or duties. Eturi may change the Vew Paid Services fee for new or renewal Subscription Terms upon 30 days’ prior notice to you. Any changes to the Vew Paid Services fee will be effective upon your next billing cycle and will not apply retroactively or to the remainder of your current Subscription Term. At the time of renewal, Eturi will charge the credit card you provided on the Activation Date, unless you provide Eturi with an alternate payment method prior to expiration of the then-current Subscription Term. See “Cancellation” below for information on how to cancel your Premium Services.

Payment Methods

You may edit your Payment Method as described within the “FAQ/Knowledgebase” section of Vew Applications from within the Vew Applications or Site. For assistance editing your Payment Method, please contact support@vewapp.com. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), we may suspend your access to the Services until we have successfully charged a valid Payment Method. You remain responsible for any uncollected amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

We use third party vendors to process payments (“Payment Vendors”). These Payment Vendors may have their own privacy policies, terms of use, or other agreements that may be applicable to your use of the Services. Please carefully review these agreements.

Cancellation

You may cancel your Vew Paid Services membership at any time. Your billing will commence until the end of the period you have selected. We do not provide refunds or credits for any partial time left on your account. To ensure proper cancellation of your service, please cancel at least 24 hours before the end of your next billing cycle. We are not responsible for any charges that are incurred as a result of failing to cancel your Vew Paid Services within 24 hours of your next billing cycle.

For more information on cancelling the Services, please access the “FAQ/Knowledgebase” section of Vew Applications from within the Vew Applications or Site. For assistance with your account or canceling your subscription, please contact support@vewapp.com.

Ownership

The Vew Applications are licensed to you, not sold. Eturi (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Vew Applications. This License does not convey to you any rights of ownership in or related to the Vew Applications. The Eturi and Vew names, logos, and the product names associated with the Vew Applications belong to Eturi (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Eturi (and its licensors, where applicable) reserve all rights not granted in this License.

User Content

User content includes all content that a user uploads, distributes, or otherwise provides via the Vew Applications, as well as any screenshots generated by your Vew Applications account (“User Content”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any disclosure by you of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Eturi. Eturi is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

By uploading, distributing, or otherwise using your User Content with the Vew Applications, you automatically grant, and you represent and warrant that you have the right to grant to Eturi an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to use the User Content to provide you the Services.

Feedback

If you provide Eturi any feedback or suggestions (“Feedback”), you hereby assign to Eturi all rights in the Feedback and agree that Eturi shall have the right to use such Feedback and related information in any manner it deems appropriate. Eturi will treat any Feedback you provide to Eturi as non-confidential and non-proprietary. You agree that you will not submit to Eturi any information or ideas that you consider to be confidential or proprietary.

Termination

We may terminate this License at any time with or without notice to you and for any reason, including a violation of this License. Termination will not limit any of Eturi’s other rights or remedies at law or in equity.

You may terminate this License at any time and for any reason by deleting and discontinuing your use of the Vew Applications.

The following sections will survive any termination of this License: Termination, Indemnification, Disclaimer of Warranties, Limitation of Liability, Binding Arbitration, and Governing Law and Venue.

Indemnification

You agree to defend, indemnify and hold Eturi harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Third-Party Claim") brought or asserted against Eturi arising from, related to, or connected with these Terms or your use of the Vew Applications. If you are obligated to provide indemnification pursuant to this provision, Eturi may, in its sole and absolute discretion, control the defense, settlement and disposition of any Third-Party Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Third-Party Claim without the consent of Eturi.

DISCLAIMER OF WARRANTIES

ETURI PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ETURI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, REGARDING THE USE OF ITS WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETURI OR THROUGH THE ETURI SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ETURI MAKES NO REPRESENTATIONS WITH RESPECT TO ITS SERVICES, ITS SERVERS, OR EMAILS SENT FROM ETURI, AND DOES NOT WARRANT THAT ITS SERVICES, ITS SERVERS, OR E-MAILS SENT FROM ETURI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WHILE ETURI MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION, ETURI CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OF ITS SERVICES. THE CONTENT OF ITS SITE MAY CONTAIN INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. ETURI RESERVES THE RIGHT TO UPDATE, REVISE, ADD TO, CHANGE OR IMPROVE THE INFORMATION, CONTENT AND DOCUMENTS ON ITS SITES AND VEW APPLICATIONS AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ETURI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ECONOMIC, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF FORESEEABLE OR EVEN IF ETURI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ETURI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.

BINDING ARBITRATION

Please read this provision carefully.

These Binding Arbitration terms govern only your relationship with the Vew Applications. They do not govern any other conduct related to your dealings with Eturi

You have the right to reject the Binding Arbitration terms as set forth in this section (Binding Arbitration). If you reject, neither you nor Eturi can require the other to participate in an arbitration proceeding. You can reject arbitration by contacting us by email at legal@vewapp.com, stating that you would like to reject the arbitration provision. To be effective, your e-mail must be sent within thirty (30) days of the date that you first became subject to this Binding Arbitration provision. You do not have the right to reject any other provisions in these Terms.

This section provides that disputes between you and us may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This section is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow.

Covered Claims

You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to these Terms or your use of the Website (“Claims”). If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim.

Except as set forth below, all Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as an agent, representative, third party vendor or an affiliated/parent/subsidiary company.

Arbitration Limits

Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter remains in small claims court.

If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt.

Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any Claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration.

Administration

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures before a single neutral arbitrator. For a copy of JAMS procedures, to file a Claim or for other information, contact JAMS by calling (800) 352-5267 or by visiting www.jamsadr.com. A copy of the current JAMS rules is available from the JAMS website at www.jamsadr.com/rules-comprehensive-arbitration/.

Any award by an arbitrator shall be binding and final. Judgment on the award may be entered in any court having jurisdiction.

Paying for Arbitration Fees

The arbitrator may determine how the costs and expenses of the arbitration will be allocated between the parties and may award attorneys’ fees.

Notice

You are responsible for providing Eturi with your most current e-mail address. In the event that the last e-mail address you have provided to Eturi is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this License, Eturi’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Any notice provided to Eturi pursuant to this License should be sent to: legal@vewapp.com. All notices under this License must be in English.

Governing Law and Venue

This License is binding upon each party hereto and its successors and permitted assigns and shall be governed by and construed in accordance with the laws of the State of California without reference to the conflict of law principles thereof.

If you have validly rejected the Binding Arbitration provision, all actions or proceedings arising in connection with these Terms shall be resolved exclusively in the state or federal courts located in San Diego County, California, and to submit to personal jurisdiction of the courts located in San Diego County, California for the purpose of litigating all such disputes. This choice of venue is intended by the both of us to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, these Terms in any jurisdiction other than that specified in the Binding Arbitration provision. Both parties waive any right either may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this section. You agree to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

Severability

If any provision of this License is, for any reason, held to be invalid or unenforceable, the other provisions of this License will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Relationship of the Parties

Neither party is an agent or partner of the other. This License, and your rights and obligations herein, may not be assigned by you without Eturi’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Eturi may assign this License in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this License shall be binding upon assignees.

Supplemental Terms for Vew Applications Purchased Through the Apple App Store (“Supplemental Terms”)

These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Vew Applications from the Apple, Inc. (“Apple”) Application Store (“Apple App Store”):

Acknowledgement

Eturi and you acknowledge that this License is concluded between Eturi and you only, and not with a third party, and Eturi, not a third party, is solely responsible for App and the content thereof. To the extent this License provides for usage rules for the Vew Applications that are less restrictive than the Usage Rules set forth in the App Store Terms of Service, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting third-party terms applies, as applicable.

Scope of License

The license granted to you for the Vew Applications is non-transferable and for personal use only. Usage of Vew Applications is restricted to devices that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support

Eturi is solely responsible for providing any maintenance and support of the Vew Applications, as specified in this License (if any), or as required under applicable law. Eturi and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support of the Vew Applications. All support will be offered in English.

Warranty

Eturi is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Vew Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Vew Applications to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Vew Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.

Product Claims

Eturi and you acknowledge that Eturi, not Apple, is responsible for addressing any claims of you or any third party relating to the Vew Applications or your possession and/or use of the Vew Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Vew Applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This License does not limit Eturi’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights

Eturi and you acknowledge that, in the event of any third party claim that the Vew Applications or your possession and use thereof infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Terms of License

You must comply with applicable third-party terms of service when using the Vew Applications.

Third Party Beneficiary

You and Eturi acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this License, and that, upon your acceptance of the terms of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this License against you as a third-party beneficiary thereof.

Contact Us

If you have any questions, complaints or claims with respect to the Vew Applications, please e-mail us at support@vewapp.com.