Terms of Service

Terms Of Service (aapoon messenger)

YOU ACKNOWLEDGE AND ACCEPT THAT THE SITES AND SERVICES (A) MAY CONTAIN BUGS, ERRORS, AND DEFECTS, (B) MAY FUNCTION IMPROPERLY OR BE SUBJECT TO PERIODS OF DOWNTIME AND UNAVAILABILITY, AND (C) MAY RESULT IN TOTAL OR PARTIAL LOSS OR CORRUPTION OF DATA USED IN THE SITES. THE CURRENT VERSION OF THE PLATFORM IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Version 1.8

Effective Date: October 20, 2020

Welcome to aapoon, Inc. (“Aapoon,”, “aapoon”, “Company”, “we”, “our”, or “us”). These User Terms of Service or User Agreement (“Terms” or “Terms of Service ”) govern your use of the services located at https://aapoon.com (the “Sites”), platform, and all related tools, applications, data, software, and other services provided by us (the “Services”). Certain features of the Sites or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms and constitute a legally binding agreement between you and Company about your use of the Sites and Service.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITES AND SERVICES. BY ACCESSING OR USING THE SITES OR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF AND THE ENTITIES THAT YOU REPRESENT, IF ANY), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF THE ENTITIES THAT YOU REPRESENT). YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. THESE TERMS REQUIRE THE USE OF ARBITRATION (SUBSECTION 2 of SECTION 11) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. OUR SERVICES ARE NOT TARGETED TOWARDS, NOR INTENDED FOR USE BY, ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO USE OUR SERVICES.

IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND USE THE SITES.

ACCOUNTS

Account Creation: To use certain features of the Sites and the Services, you must register for an account (“Account”) and provide certain information about yourself and state verified identification documents as prompted by the account registration form. You represent and warrant that:

(a) all required registration information you submit is truthful and accurate, including that the government issued photo identity provided is indeed yours, and

(b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Sites. The Company may suspend or terminate your Account in accordance with these Terms. Your submission of information and documents through the Sites is governed by the Company’s Privacy Policy (the “Privacy Policy”) which is available to review here in English.

(c) you will allow the selfie picture provided during the registration process to be used as your profile picture, as well as certain data of your profile to be presented to all users who have access to your personal aapoon page.

Account Responsibilities:

You are responsible for maintaining the confidentiality of your Account login information and are entirely responsible for all activities that occur under your Account. You agree to immediately notify Company at support@aapoon.net of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

What you can share and do on aapoon:

We want people to use aapoon to express themselves and to share content that is important to them, but not at the expense of the safety and the well-being of others or the integrity of our community or the abuse or misrepresentation of the aapoon platform or its intended purpose. You, therefore, agree not to engage in the conduct described below (or to facilitate or support others in doing so):

Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from thoroughly enjoying them, or that could damage, disable, overburden or impair the functioning of aapoon Services in any manner;

Use the Services to pay for, support or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other unlawful activities;

Use any robot, spider, crawler, scraper or other automated means or interface not provided by aapoon to access aapoon Services or to extract data;

Use or attempt to use another User’s access without authorization;

Attempt to circumvent any content-filtering techniques aapoon employs, or try to access any service or area of the Services that you are not authorized to access

Develop any third-party applications that interact with aapoon’s Services without aapoon’s prior written consent;

Provide false, inaccurate, or misleading information;

Encourage or induce any third party to engage in any of these prohibited activities.

Promote a personal, group, or business view, opinion, service or product at the expense of aapoon or misrepresent information, including alluding to support by aapoon for your personal, group or business view, opinion, service, or product offering.

aapoon reserves the right to remove content you share in violation of these provisions and, if applicable, we may take action against your account, including a suspension or disabling of your account. We may also disable your account if you repeatedly infringe other persons’ intellectual property rights. We will not tolerate illegal, racist, hate, bullying, and other such harmful behavior. While we respect the Freedom of Speech, we are not a community that condones negative behavior. Should your conduct be deemed as such, we will place your account in suspension for a period of 30 days before your account is automatically shut down, which you may forestall by appealing within the said period, and until the appellate determination is made to restore your account or shut it down.

Permissions Granted by Users to Company:

You own the content you create and share on aapoon and the other Company platforms and Services you use, and nothing in these Terms takes away the rights you have to your content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permission to use that content. Explicitly, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Services, you hereby grant us a non-exclusive, worldwide, transferable and sub-licensable, royalty-free license to host, use, copy, modify, distribute, publish, and process, information (consistent with your [Privacy Settings] and content that you provide through our Services and the services of others, without any further consent, notice and compensation to you or others. These rights are limited in the following ways:

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service, and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems. Such endings and closures shall not affect any permissions or consents until after we have notice thereof.

We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public,” we will enable a feature that allows other users to embed that public post onto third-party services, and we allow search engines to make that public content findable through their service

While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not alter the meaning of your expression.

Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of Creative Commons license. However, the provisions thereof may not limit, adversely affect us or our rights under this Agreement.

Payments:

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).

We may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.

All of your purchases of Services are subject to aapoon’s refund policy.

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

OUR SERVICES

Sharing:

Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, and blogs. Other Users may see information and content that you share or post.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

Registration:

When you register for an account you are required to undergo registration with aapoon to gain access to the service. To gain access to all the user features available, you will be required to undergo a full verification that requires that you provide your government issued photo ID along with a selfie photograph for verification purposes to aapoon. It is important to note that aapoon does not retain your government issued photo ID once you are verified. The related content is deleted from our servers once your ID has been verified. If you are unwilling to provide your government issued photo ID for verification, then you will allowed to use the service as a basic user. A basic user will be allowed limited access to the service’s features and functions.

ACCESS TO SITES AND SERVICES

License:

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Sites and Services solely for your own personal or internal business use.

Certain Restrictions :

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites or Services, whether in whole or in part, or any content displayed on the Sites or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites or Services; (c) you shall not access the Sites or Services in order to build a similar or competitive website, product, or service or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (d) except as expressly stated herein, no part of the Sites or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you shall not use the Sites or Services to store or transmit computer viruses, works, time bombs, Trojan horses and other harmful or malicious code, routines, files, scripts, agents or programs; (f) you shall not use the Sites or Services to store or distribute any information, material or data that is harassing, threatening, infringing, libelous, unlawful, obscene, or which violates the privacy or intellectual property rights of any third party; and (g) you shall not interfere with or disrupt the integrity or performance of the Sites or Services or third-party data contained therein. Unless otherwise indicated, any future release, update, or other addition to functionality of the Sites or Services shall be subject to these Terms. All copyright and other proprietary notices on the Sites or Services (or on any content displayed on the Sites) must be retained on all copies thereof.

Modification:

Company reserves the right, at any time, to modify, suspend, or discontinue the Sites or Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Sites or any part thereof.

INTELLECTUAL PROPERTY

Ownership:

You acknowledge that all rights, title, and interest in, and intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Services, Sites, and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Sites or use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3 Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

Logos, Marks, and Slogans: aapoon, the aapoon logo and any other aapoon product or service names, logos or slogans that may appear on aapoon Services are trademarks and may not be copied, imitated or used, in whole or in part, without aapoon prior written permission. You may not use any trademark, product or service name of aapoon without aapoon prior written permission, including without limitation any meta tags or other “hidden text” utilizing any trademark, product or service name of aapoon. In addition, the look and feel of aapoon Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of aapoon and may not be copied, imitated or used, in whole or in part, without aapoon prior written permission.

Feedback:

If you provide Company with any feedback or suggestions regarding the Sites or Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate without any compensation to you. The Company will treat any Feedback you provide to Company as truthful, non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

THIRD-PARTY LINKS & ADS; OTHER USERS

Third-Party Links & Ads:

The Sites may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. The company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Release:

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Sites and Services (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads

Third-Party Beneficiaries:

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms. The Terms of Service will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and Company, except and solely to the extent expressly stated in these Terms.

INDEMNIFICATION

You agree to indemnify and hold Company (and its officers, employees, agents and successors harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Sites and Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or other rights of any person or entity, (d) willful misconduct by you or (e) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS

THE SITES AND EVERYTHING PROVIDED AS PART OF OUR SERVICES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES concerning THE SITES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

THESE TERMS DO NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SECURITIES. NO INFORMATION PRESENTED IS INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION, AND NO SPECIFIC RECOMMENDATIONS ARE PROPOSED. ACCORDINGLY, THESE TERMS DO NOT CONSTITUTE INVESTMENT ADVICE OR COUNSEL OR SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL NOT BE CONSTRUED IN THAT WAY. THESE TERMS DO NOT CONSTITUTE OR FORM PART OF, AND SHOULD NOT BE CONSTRUED AS, ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES.

AAPOON IS NOT ACTING AND CANNOT SERVE AS AN ADVISER, INCLUDING AS TO ANY FINANCIAL, LEGAL, INVESTMENT, INSURANCE, AND TAX MATTERS. ANY INFORMATION PROVIDED BY AAPOON IS FOR GENERAL INFORMATION ONLY. THE AAPOON USER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY TRANSACTION IS APPROPRIATE OR NOT. AAPOON DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. AAPOON DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU.

FURTHER DISCLAIMERS

Without limiting the generality of Section 7, neither Company nor its affiliates or licensors will have any responsibilities or liability with respect to the following: (a) the Services could be impacted by one or more regulatory inquiries or actions, which could prevent or limit the ability of Company to continue to develop or provide the Services, or for you and your users to use the Services, (b) Company has no obligation to update the Services or its underlying platforms and networks to address, mitigate, or remediate any security or other vulnerabilities in the Services, or such platforms or networks, and (c) portions of the Services or any other underlying networks and platforms may rest on open-source software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural elements of the Services or any other underlying networks and platforms, which may result in security vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU, IF ANY, FOR ANY DAMAGES, ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (US$50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

CRYPTOGRAPHY

You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptography systems and the Services, which could result in the theft or loss of your content from your account. To the extent possible, the Company intends to update the code underlying the Services to account for any advances in cryptography and to incorporate additional security measures, but cannot guarantee or otherwise represent full security of the system. By using the Services, you acknowledge these inherent risks

PLATFORM SECURITY

We are an early stage platform. You acknowledge that applications are code subject to flaws and recognize that you are solely responsible for evaluating any available code provided by the Services and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Services. These warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Sites and Service.

COPYRIGHT INFRINGEMENTS

If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Company a written notice containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, (b) a description of the copyrighted work or other intellectual property that you claim has been infringed, and (c) a description of where the material that you claim is infringing is located on the Sites. The company can be reached at Email: support@aapoon.net Subject Line: Copyright Notification

TERM TERMINATION

Subject to this Subsection, these Terms will remain in full force and effect while you use the Sites and Services. We may suspend or terminate your rights to use the Sites and Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Sites or Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Sites and Services will terminate immediately. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under this Agreement are terminated, the following provisions will remain in full force and effect: Sections 4 through 13 and section 3.2.

GENERAL

Changes:

These Terms are subject to occasional revision, and if we make any changes, we will change the Last Updated date above. Continued use of our Sites following such notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute Resolution. Subject and subordinate to aapoon’s rights under Section 9 of this Agreement and to the extent that aapoon chooses to exercise those rights to the exclusion of these provisions for Arbitration and Other Relief, the following provisions shall apply.

Applicability of the Arbitration provisions of this User Agreement.

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of the Arbitration provisions of this User Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. The Arbitration provisions of this User Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to support@aapoon.net. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules.

The arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (the US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration.

If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties

Time Limits.

If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator.

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. Notwithstanding the award of the arbitrator, the provisions of Subsection 3 hereof shall override and be absolutely and definitively determinative of the actual payment for which the Company is obligated.

Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under the Arbitration provisions of this User Agreement. Arbitration typically is more limited, more efficient and less costly litigation and is subject to very limited review by a court. In the event, any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY waive ALL RIGHTS TO A JURY TRIAL, and instead elect that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION PORTIONS OF THIS USER AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER

Confidentiality.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability.

If any part or parts of the Arbitration provisions of this User Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.

Right to Waive.

Any or all of the rights and limitations set forth in the Arbitration provisions of this User Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of the Arbitration provisions of this User Agreement.

Survival of Agreement.

The Arbitration provisions of this User Agreement will survive the termination of your relationship with Company.

Small Claims Court.

Notwithstanding the Arbitration provisions of this User Agreement, a small claims court action may be brought (1) by you individually, provided any award to you shall be limited as provided by Section 9 and Subsection 3 of Section 11 of this User Agreement, or (2) by the Company.

Emergency Equitable Relief.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under the Arbitration provisions of this User Agreement or Section 9 of this Agreement.

Claims Not Subject to Arbitration.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to the Arbitration provisions of this User Agreement.

Courts.

In any circumstances where the foregoing Arbitration provisions of this User Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Harris County, Texas, for such purpose

Export:

The Sites may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulation

Electronic Communications:

The communications between you and Company use electronic means, whether you use the Sites or send us emails, or whether Company posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy writing. The foregoing does not affect your non-waivable rights.

Entire Terms:

These Terms constitute the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms 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. Your relationship with Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Contact: We welcome your comments or questions about these Terms. Please contact us at support@aapoon.net.

This Agreement and the interpretation of its terms shall be governed by and construed by the laws of the State of Texas and subject to the exclusive jurisdiction of the courts located within Harris County, Texas for all purposes.

Terms Of Service (aapoon meet)

EFFECTIVE: January 01, 2022

IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF AAPOON, INC. AND ITS AFFILIATES (“aapoon meet”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE aapoon meet WEBSITE OR BY UTILIZING THE MEET AAP SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE MEET AAP SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

aapoon meet will provide the Services, and you may access and use the Services, in accordance with this Agreement. aapoon meet may provide any of the Services hereunder through any of its Affiliates. If You order Services through an on-line registration page or an order form (each an “Order Form”), the Order Form may contain additional terms of Service and information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms of Service applicable to the specific Service which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service.

System Requirements. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

1. DEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. “Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.

“End User” means a Host or Participant (as defined in the Services Description) who uses the Services.

“Initial Subscription Term” means the initial subscription term for a Service as specified in an Order Form.

“Service Effective Date” means the date an Initial Subscription Term begins as specified in an Order Form.

“Renewal Term” means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order Form.

2. SERVICES. aapoon meet will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by aapoon meet during the term. aapoon meet may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.

a. Beta Services. aapoon meet may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. aapoon meet makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.

3. USE OF SERVICES AND YOUR RESPONSIBILITIES. You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.

a. Registration Information. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.

b. Your Content. You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third-party rights. You represent and warrant that You have the right to upload the Content to aapoon meet and that such use does not violate or infringe on any rights of any third party. Under no circumstances will aapoon meet be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although aapoon meet is not responsible for any Content, aapoon meet may delete any Content, at any time without notice to You, if aapoon meet becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.

c. Recordings. You are responsible for compliance will all recording laws. The host can choose to record aapoon meet meetings and Webinars. By using the Services, you are giving aapoon meet consent to store recordings for any or all aapoon meet meetings or webinars that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar

d. Prohibited Use. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts aapoon meet’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of aapoon meet or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or aapoon meet’s security systems. (ix) use the Services in violation of any aapoon meet policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and antiterrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.

e. Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with aapoon meet. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.

4. RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any aapoon meet policies. aapoon meet assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact aapoon meet at support@meetaap.net. aapoon meet may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will aapoon meet be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

5. MEET AAP OBLIGATIONS FOR CONTENT. aapoon meet will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. aapoon meet will notify You if it becomes aware of unauthorized access to Content. aapoon meet will not access, view or process Content except (a) as provided for in this Agreement and in aapoon meet’s Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. aapoon meet has no other obligations with respect to Content.

6. ELIGIBILITY. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible.

7. INTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. aapoon meet is not intended for use by individuals under the age of 16, unless it is through a School Subscriber (as that term is defined in the Services Description) using aapoon meet for Education (K-12).

8. CHARGES AND CANCELLATION. You agree that aapoon meet may charge to Your credit card or other payment mechanism selected by You and approved by aapoon meet (“Your Account”) all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. aapoon meet may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that aapoon meet will provide you with prior notice and an opportunity to terminate Your Account if aapoon meet changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event aapoon meet is unable to collect the fees owed to aapoon meet for the Services through Your Account, aapoon meet may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by aapoon meet in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that aapoon meet may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.

9. TERMINATION. The aapoon meet website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, aapoon meet may terminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 20, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services. If at any time You are not happy with the Services, Your sole remedy is to cease using the Services and follow this termination process.

10. PROPRIETARY RIGHTS. aapoon meet and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“aapoon meet Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any aapoon meet Marks, or other proprietary information (including images, text, page layout, or form) of aapoon meet without express written consent. You may not use any meta tags or any other “hidden text” utilizing aapoon meet Marks without aapoon meet’s express written consent.

11. COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. aapoon meet may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify aapoon meet by sending an email to support@meetaap.net

12. EXPORT RESTRICTIONS. You acknowledge that the Services, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). aapoon meet will provide the U.S. export classification(s) applicable to its Services upon request. You and Your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i) You and Your End Users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and that You and Your End Users will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) You and Your End Users located in China, Russia, or Venezuela are not Military End Users and will not put aapoon meet’s Services to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no Content created or submitted by You or Your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) You and Your End Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.

13. NO HIGH RISK USE. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH RISK environment.

14. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to aapoon meet, its Affiliates, suppliers and any other party authorized by aapoon meet to resell, distribute, or promote the Services (“Resellers”), and under such circumstances aapoon meet, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

15. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND MEET AAP, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MEET AAP, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. MEET AAP DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. MEET AAP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.

16. INDEMNIFICATION. You agree to indemnify, defend and hold harmless aapoon meet, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.

17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEET AAP OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF MEET AAP, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MEET AAP’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

18. AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION. If You are located in the United States, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of Exhibit A.

The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.

19. PRIVACY AND OTHER POLICIES. Use of the Services is also subject to aapoon meet’s Privacy Statement, a link to which can be found by selecting “Privacy Policy ” in the footer of aapoon meet.IN website. The Privacy Statement and all policies noticed at privacy policy are incorporated into this Agreement by this reference. Additionally, You understand and agree that aapoon meet may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving marketing communications or notices.

20. MISCELLANEOUS

20.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of TEXAS. U.S.A exclusive jurisdiction and venue of the state courts located in and serving Harris County, Texas and the federal courts in the Southern District of TEXAS.

20.2 Contracting Entity. In the event Your aapoon meet account reflects a bill to/sold to address in India, the contracting entity under these TOS shall be aapoon meet’s Affiliate, AAPOON DIGITAL Pvt. Ltd.

20.3 Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

20.4 General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if You or Your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. aapoon meet may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. aapoon meet will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on You. If You do not agree with the changes, You should discontinue using the Services. If You continue using the Services after such ten-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.

Exhibit A
Binding Arbitration
This Exhibit A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver.

A. Disputes. A dispute is any controversy between You and aapoon meet concerning the Services, any software related to the Services, the price of the Services, Your account, aapoon meet’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or aapoon meet’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to support@meetaap.net.

B. Small Claims Court Available. You may initiate an action in your local Small Claims Court if You meets the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, aapoon meet reserves the right to require arbitration.

C. Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of Your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.

Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.

D. Arbitration Fees. If You are unable to afford the arbitration costs, aapoon meet will advance those costs to You, subject to the arbitrator’s determination if costs should be reimbursed to aapoon meet if aapoon meet prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

E. Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.

F. Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.

G. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.