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Tikkit

EULA, Privacy Policy, & Terms of Use

Effective date:

Jan 01, 2021

Who We Are and What This

Policy Is

We at Tikkit, Inc. (“Tikkit”, “Us”, “We, or “Our”) know you care

about how your personal information (“Personal Information”) is

used and shared, and we take your privacy seriously. Please read the

following to learn more about our Privacy Policy.

By using or accessing the “Tikkit” mobile application

(“Application”) or the website located at www.tikkit.io

(collectively, the “Service”) in any manner, you acknowledge that

you accept the practices and policies outlined in this Privacy

Policy, and you hereby consent that we will collect, use, and share

your information in the following ways.

Remember that your use of Service is at all times subject to the Terms

of Use, which incorporates this Privacy Policy. Any terms we use in

this Policy without defining them have the definitions given to them

in the Terms of Use.

Tikkit allows users to create and publish content. By using Tikkit you

agree to abide by our Terms of Use and Community Rules and

Guidelines. Publishing of any bias-motivated hate content is strictly

prohibited, as is any content containing threats, violence, or intent of

violence on other users and the public. Any content published may be

subject to immediate removal under our Community Guidelines but

may also be removed by Us at our discretion without explanation. All

user generated content may be reported by other users and reviewed

by Us.

Here’s the Info We Collect

Tikkit collects only the following types of information:

Information You Provide to Us:

We receive and store any information you knowingly provide to Us.

For example, through the registration process and/or through your

account settings, we may collect Personal Information such as your

full name, email address, phone number, and third-party account

credentials (for example, your log-in credentials for Facebook or

other third party sites).

In addition, You may provide Us with Your Content as defined in

our Terms of Use. Please see the Terms of Use to understand

what rights We have to use such content.

Also, if you provide your third-party account credentials to us or

otherwise sign in to the Service through a third party site or service,

you understand some content and/or information in those accounts

(“Third Party Account Information”) may be transmitted into your

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account with, and that Third Party Account Information transmitted to

the Service is covered by this Privacy Policy. Certain information

may be required to register with us or to take advantage of some of

our features.

Other Information Collected

from Your Use of the Site or

Application (Like “Cookies”):

Whenever you interact with our Site or Application, we may

automatically receive and record information on our server logs from

your browser or device, which may include your IP address, device

identification, “cookie” information, the type of browser and/or

device you’re using to access our Service, and the page or feature you

requested. “Cookies” are identifiers we transfer to your browser or

device that allow us to recognize your browser or device and tell us

how and when pages and features in our Site or Application are

visited and by how many people. You may be able to change the

preferences on your browser or device to prevent or limit your

device’s acceptance of cookies, but this may prevent you from taking

advantage of some of our features.

Our advertising partners may also transmit cookies to your browser or

device, when you click on ads that appear on the Service. Also, if

you click on a link to a third party website or service, such third party

may also transmit cookies to you. Again, this Privacy Policy does not

cover the use of cookies by any third parties, and we aren’t

responsible for their privacy policies and practices.

We may use this data to customize content for you that we think you

might like, based on your usage patterns. We may also use it to

improve the Service – for example, this data can tell us how often

users use a particular feature of the Service, and we can use that

knowledge to make the Service interesting to as many users as

possible.

Information Collected From

Other Websites and Do Not

Track Policy:

Through cookies we place on your browser or device, we may collect

information about your online activity after you leave our Services.

Just like any other usage information we collect, this information

allows us to improve the Services and customize your online

experience, and otherwise as described in this Privacy Policy. Your

browser may offer you a “Do Not Track” option, which allows you to

signal to operators of websites and web applications and services

(including behavioral advertising services) that you do not wish such

operators to track certain of your online activities over time and/or

across different websites. Our Services do not support Do Not Track

requests at this time, which means that we collect information about

your online activity both while you are using the Services and after

you leave our Services.

Here’s How We Use Your Info

Tikkit uses your Personal Information as follows:

To provide you with the features, functions and benefits of the

Service.

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• To help us internally operate and maintain the Service (such

as, for the purposes of fixing malfunctions, testing our security

systems, etc.).

• To enhance, improve and further develop the Service (such

as, creating new features or functions, refining the user experience,

increasing the technical performance of our Products, etc.).

• We will use your contact information to provide you with

notices relate to your use of the Service (such as account notifications

and legal notices).

• We will use your contact information (such as, your email

address) to provide you with promotional and marketing emails. You

can opt-out of receiving certain types of promotional and marketing

emails – but in such case you may not receive the full benefit of the

Service. Opting-out can be done by following the instructions set

forth in the email (usually in the footer).

• To help personalize the Service experience for you (such as,

remembering your information so you will not have to enter it each

time you open the Application on your mobile device).

• And for the other purposes referenced in the “Who We Share

Info With” section below.

Info that Does Not Identify

You.

• We may anonymize the information we collect from you so

that you are not individually identified, and provide that information

to our partners or the public in general. For example, we may publish

statistics regarding the types of images shared by users. To be clear –

such disclosures will not identify you.

Who We Share Info With.

We neither rent nor sell your Personal Information in personally

identifiable form to anyone. We may share your Personal Information

with some third parties – but only as described in this section:

Agents (Such as, Our Payment

Processor):

We employ other companies and people to perform tasks on our

behalf and need to share your information with them to provide

products or services to you. For example, we may use third parties to

provide marketing, advertising, communications, infrastructure and

IT services, provide customer service, process and administer

consumer surveys, etc.

In the course of providing such services, these third party providers

may have access to your information. But, they are only authorized to

use or disclose your information in connection with providing us with

their services.

Profile Information for the Tikkit

Community:

Certain user profile information, including your name and location,

may be displayed to other users to facilitate user interaction within

the Service or address your request for our services. Your account

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privacy settings may allow you to limit the other users who can see

the Personal Information in your user profile and/or what information

in your user profile is visible to others. Please remember that any

content you upload to your public user profile, along with any

Personal Information or content that you voluntarily disclose online

in a manner other users can view (on discussion boards, in messages

and chat areas, etc.) becomes publicly available, and can be collected

and used by anyone. Your user name may also be displayed to other

users if and when you send messages or comments or upload images

or videos through the Service and other users can contact you through

messages and comments. Additionally, if you sign into the Service

through a third party social networking site or service, your list of

“friends” from that site or service may be automatically imported to

the Service, and such “friends,” if they are also registered users of the

Services, may be able to access certain non-public information you

have entered in your Service user profile. Again, we do not control

the policies and practices of any other third party site or service.

Business Transfers:

We may choose to buy or sell the assets of Tikkit, Inc. In these types

of transactions, customer information is typically one of the business

assets that would be transferred. Also, if we (or our assets) are

acquired, or if we go out of business, enter bankruptcy, or go through

some other change of control, your information could be one of the

assets transferred to or acquired by a third party.

Protection of Tikkit and Others:

We reserve the right to access, read, preserve, and disclose any

information that we believe is necessary to comply with law or court

order; enforce or apply our Terms of Use; detect and handle payment

fraud, or otherwise to protect the rights, property, or safety of Tikkit,

our employees, our users, or others.

California Residents:

UNDER CALIFORNIA CIVIL CODE SECTIONS 1798.83-1798.84,

CALIFORNIA RESIDENTS ARE ENTITLED TO ASK US FOR A

NOTICE IDENTIFYING THE CATEGORIES OF PERSONAL

INFORMATION WHICH WE SHARE WITH OUR AFFILIATES

AND/OR THIRD PARTIES FOR MARKETING PURPOSES, AND

PROVIDING CONTACT INFORMATION FOR SUCH

AFFILIATES AND/OR THIRD PARTIES. IF YOU ARE A

CALIFORNIA RESIDENT AND WOULD LIKE A COPY OF THIS

NOTICE, PLEASE SUBMIT A WRITTEN REQUEST TO:

TEAM@TIKKIT.IO

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Third Party Advertising.

Advertisements that may appear on the Service are sometimes served

directly by third party advertisers. They automatically receive your IP

address or device ID when this happens. Third party advertisers may

also use other technologies (such as cookies, JavaScript, or web

beacons) to measure the effectiveness of their advertisements and to

personalize their advertising content. In this way, they may compile

information about where individuals using your computer or browser

saw their advertisements and determine which advertisements were

clicked.

Tikkit will not provide these third party advertisers with any access to

your Personal Information without your consent or except as part of a

specific program or feature for which you will have the ability to opt-

in. However, please note that if an advertiser asks us to show an

advertisement to a certain audience or audience segment and you

respond to that advertisement, the advertiser or ad-server may

conclude that you fit the description of the audience they were trying

to reach. In addition, we may allow advertisers to choose the

demographic information of users who will see their advertisements

and/or promotional offers and you agree that we may provide any of

the information we have collected from you in non-personally

identifiable form to an advertiser, in order for that advertiser to select

the appropriate audience for those advertisements and/or offers. For

example, we might use the fact you are located in San Francisco to

show you ads or offers for San Francisco businesses, but we will not

tell such businesses who you are.

You should consult the respective privacy policies of all third-party

ad servers or ad networks you know are used in connection with the

Service. This Privacy Policy does not apply to, and we cannot control

the activities of, such other advertisers or websites.

What You can Do to Your

Personal Information.

Limitations on Deletion:

Even after you remove information from your profile or delete your

account, your Personal Information may be retained by us on back-up

servers indefinitely. In addition, we will continue to retain and use

anonymized data (meaning data that does not specifically identify

you). We keep such servers to help protect the stability and

availability of the Service (such as protecting it from viruses and

malfunctions).

In addition, copies of your information may remain viewable

elsewhere to the extent it has been publicly published by your or

otherwise shared by you with others (such as, message you posted to

friends on the Service).

We may also indefinitely retain and use any aggregated data derived

from or incorporating your Personal Information after you update or

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delete it, but not in a manner that would identify you personally.

Laws and Regulations:

We may also retain your Personal Information to the extent required

to comply with (or we deem it reasonable in light of) any laws or

regulations.

The Location of Your Info.

While your Personal Information is in our possession, it will be stored

at hosting facilities located in the USA. These facilities are either

operated by Tikkit or our third party providers. By using the Service

you are consenting to have your Personal Information stored,

transferred and processed in the USA.

The Security of Your Info.

Tikkit takes certain precautions to protect your Personal Information

and to limit the risk that it will be accessed without authorization,

including use of certain industry standard technologies and practices.

That said, we cannot guarantee the security of such information.

Unauthorized entry or use, hardware or software failure, and other

factors, may compromise the security of user information at any time.

No security system is perfect - so your use of the Service is at your

own risk.

If we learn of a security systems breach, then we may attempt to

notify you via email, phone, physical mail, or by a posting on your

Service account page - so that you can take appropriate protective

steps. Pursuant to our Terms of Service you have consented to

receive such notice by electronic means (provided that such consent is

void where prohibited by applicable law). To receive a free written

notice of a security breach, or if you have any questions about the

security of the Service, please contact us at team@tikkit.io.

In addition to the security measures referenced above, your Service

account is protected by a password for your privacy and security.

You must prevent unauthorized access to your account and Personal

Information by selecting and protecting your password appropriately

and limiting access to your computer or device and browser by

signing off after you have finished accessing your account.

PROTECTING CHILDREN.

We do not knowingly collect or solicit personal information from

anyone under the age of 13. If you are under 13, please do not attempt

to register for the Service or send any personal information about

yourself to us. If we learn that we have collected personal information

from a child under age 13, we will delete that information as quickly

as possible. If you believe that a child under 13 may have provided us

personal information, please contact us at team@tikkit.io.

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Contacting Us.

If you have any questions or concerns regarding our privacy policies,

please send us a detailed message to team@tikkit.io.

TIKKIT

(Last Updated: January 01, 2021)

This is who we are and

some general legal stuff

about being bound by the

terms below.

The following terms and conditions (the “Agreement”) govern all

use of the “Tikkit” mobile application (“Application”) and the

website located at www.tikkit.io (collectively, the “Service”). The

Service is provided to you by Tikkit, Inc. (“Tikkit”, “Us”, “We, or

“Our”). The Service is subject to your (“You” or “Your”)

acceptance without modification of all of the terms and conditions

contained herein. BY USING OR ACCESSING ANY PART OF

THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND

CONDITIONS CONTAINED HEREIN. Special features provided

by Tikkit may be subject to different or additional terms or

conditions. To the extent they conflict with this Agreement, such

different or additional terms and conditions will control.

Tikkit reserves the right, at its sole discretion, to modify or replace

any of the terms or conditions of this Agreement at any time. You

will be notified of such changes by email, account notification, or a

notice posted on the Service. Your continued use of the Service

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following the posting of any changes to this Agreement constitutes

acceptance of those changes.

You hereby certify to Tikkit that You are at least 13 years of age.

In jurisdictions where 13 is not the age of consent to contract, You

represent and warrant that You have all necessary authorizations

and permissions from an appropriate legal guardian. You also

certifies that You are otherwise legally permitted to use the Service.

SCOPE.

This is what Tikkit is.

The Service is a place to collect money from friends, create parties,

buy tickets, and organize social gatherings.

RESTRICTIONS.

This is stuff you shouldn’t

do!

You shall not, nor permit anyone else to, directly or indirectly:

(i) reverse engineer, disassemble, decompile or otherwise attempt to

discover the source code or underlying algorithms of all or any part

of the Service (except that this restriction shall not apply to the

limited extent restrictions on reverse engineering are prohibited by

applicable local law); (ii) modify or create derivatives of any part of

the Service; (iii) rent, lease, or use the Service for any direct

commercial purpose (such as charging other users to engage with

the Service in any manner); (iv) remove or obscure any proprietary

notices on the Service; (v) use the Service for any unlawful

purpose; (vi) access any part of the Service in a manner not

explicitly permitted by these terms; (vii) send unwanted messages

or emails (i.e.,“spam”) to Tikkit’s users or otherwise via the

Service; (viii) use domain names or web URLs in Your username

without our prior written consent; (ix) interfere or disrupt the

Service in any way; or (x) access the Service via any automated

means including without limitation scripts, bots, spiders, crawlers,

or scrapers. As between the parties, Tikkit shall own all title,

ownership rights, and intellectual property rights in and to the

Service, and any copies or portions thereof.

In the event You submit any information to the Service (such as

during the registration process), You represent and warrant that

You have full right and authority to do so – and that such

information is complete and accurate. You are responsible for all

activity that occurs on Your Service account (and You must not

share Your log-in details with anyone).

USER CONTENT.

To the extent you submit

content to Tikkit you must

The Service permits You to submit images, text and other content

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have the legal right to do

so. This section explains

what kind of content you

can submit – and how we

can use it.

to store and share (“User Content”). Except for the licenses You

grant below - User Content submitted by You (“Your Content”) is

owned by You. By submitting Your Content, You grant Tikkit the

following rights and licenses:

For all Your Content, You hereby grant Tikkit a license to translate, modify (for

technical purposes, for example making sure Your Content is viewable on mobile

devices as well as a computer) and reproduce and otherwise act with respect to

Your Content, in each case to enable Us to operate the Service, as described in

more detail below.

If You store Your Content in Your own personal Service account, in a manner

that is not viewable by any other user except You, You grant Tikkit the license

above, as well as a license to display, perform, and distribute Your such content

for the purpose of making it accessible to You.

If You share Your Content only in a manner that only certain specified users can

view (for example, posting a message to a group chat between your and your

friends), then You grant Tikkit the licenses above, as well as a license to display,

perform, and distribute such content for the purpose of making it accessible to

such other specified users. Also, You grant such other specified users a license

to access that content, and to use and exercise all rights in it, as permitted by the

functionality of the Service.

If You share Your Content publicly via the Service and/or in a manner that more

than just You can view (such as by posting to a public chat), or if You provide Us

(in a direct email or otherwise) with any feedback, suggestions, improvements,

enhancements, and/or feature requests relating to the Service (“Feedback”), then

You grant Tikkit the licenses above, as well as a license to display, perform, and

distribute such content and Feedback for the purpose of making it accessible to

all Service users, as well as all other rights necessary to use and exercise all

rights in that content and Feedback in connection with the Service and/or

otherwise in connection with Our business for any purpose. Also, You grant all

other users of the Service a license to access such public content, and to use and

exercise all rights in it, as permitted by the functionality of the Service.

You agree that the licenses You grant are royalty-free, perpetual, sublicenseable,

irrevocable, and worldwide, provided that when You cancel Your Service

account, We will stop displaying Your Content (other than Your Content that was

made public available as descried above, which may remain fully available) to

other users (if applicable), but You understand and agree that it may not be

possible to completely delete that content from Our networks and systems, and

that Your Content may remain viewable elsewhere to the extent that they were

copied or stored by other users. In addition, Your Content that may be

downloaded or saved by other users - such Your Content that You send in a text

message to a friend - may be retained by the recipient users to the extent so

downloaded.

Finally, You understand and agree that Tikkit, in performing the required

technical steps to provide the Service to Our users (including You), may need to

make changes to Your Content to conform and adapt such content to the

technical requirements of connection networks, devices, services, or media, and

the foregoing licenses include the rights to do so.

USER CONTENT RESTRICTIONS

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You must not submit any content that is: pornographic (or contains

nudity), unlawful, offensive, threatening, racist, libelous,

defamatory, obscene or otherwise objectionable or violates any

third party's intellectual property rights, or rights or privacy or

publicity.

In connection with Your Content, You affirm, represent, and

warrant that (and that You can and will demonstrate to Tikkit’s full

satisfaction upon its request that): (i) You have all necessary rights,

licenses, consents and waivers to grant all of the rights and licenses

You grant above, (ii) Your Content does not violate any laws or

regulations, and (iii) Your Content does not infringe or otherwise

violate any third party rights (including, without limitation,

intellectual property rights, and the rights of publicity and privacy).

You are solely responsible for Your Content and the consequences

of posting or publishing or sharing. You agree that Tikkit has no

liability with respect to any of User Content, including, without

limitation, Your Content, and You hereby irrevocably release Tikkit

and its officers and directors, employees, agents, representatives

and affiliates, from any and all liability arising out of or relating to

any and all User Content.

Tikkit reserves the right to decide whether User Content is

inappropriate or violates this Agreement. Tikkit may remove any

User Content at any time – in its discretion – with or without notice.

GENERAL CONTENT.

You can use content on

Tikkit only for purposes of

using Tikkit for the

purpose for which it is

provided.

You agree that the Service contains information and other content

specifically provided by Tikkit or its partners and that such content

is protected by copyrights, trademarks, service marks, patents, trade

secrets or other proprietary rights and laws. Except as expressly

authorized by Tikkit in writing, You shall not sell, license, rent,

modify, distribute, copy, reproduce, transmit, publicly display,

publicly perform, publish, adapt, edit or create derivative works

from such content. However, Tikkit hereby grants You a limited,

revocable, non-sublicensable license to reproduce and display such

content (excluding any software code); provided, that You retain all

Reproducing, copying or distributing any such content, including

any materials or design elements on the Service, for any other

purpose is strictly prohibited without the express prior written

permission of Tikkit.

WARRANTY DISCLAIMER.

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We disclaim all legal

warranties with respect to

Tikkit.

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS,

WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS

OR IMPLIED, INCLUDING, WITHOUT LIMITATION,

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

TIKKIT AND ITS LICENSORS MAKE NO WARRANTY THAT

(I) THE SERVICE IS FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING

THE SERVICE WILL MEET YOUR EXPECTATIONS. IN

ADDITION, TIKKIT AND ITS LICENSORS MAKE NO

WARRANTIES WITH RESPECT TO ANY USER CONTENT.

YOU ACCESS, DOWNLOAD AND USE USER CONTENT AT

YOUR OWN RISK. THE FOREGOING DISCLAIMER SHALL

NOT APPLY TO THE EXTENT PROHIBITED BY

APPLICABLE LAW.

LIMITATION OF LIABILITY.

Our legal liability is

limited in a number ways.

IN NO EVENT SHALL TIKKIT, ITS OFFICERS, DIRECTORS,

EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE UNDER

CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR

ANY OTHER LEGAL THEORY WITH RESPECT TO THE

SERVICES OR ANY OTHER SUBJECT MATTER OF THIS

AGREEMENT FOR: (I) ANY LOST PROFITS OR SPECIAL,

INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL

DAMAGES OF ANY KIND WHATSOEVER, EVEN IF

FORESEEABLE, (II) ANY BUGS, VIRUSES, TROJAN

HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF

ORIGINATION), (III) THE LOSS OF ANY DATA OR OTHER

TECHNICAL ISSUES, OR DAMAGES TO YOUR MOBILE

DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS

CAUSED BY THE SERVICE OR ANY OF TIKKIT’S

SYSTEMS, APPLICATIONS, CODE, PROCESSES OR

METHODS, (IV) ANY DAMAGES CAUSED BY THIRD

PARTIES, INCLUDING, WITHOUT LIMITATION, OTHER

USERS, (V) ANY DAMAGES CAUSED BY MATTERS

BEYOND TIKKIT’S REASONABLE CONTROL (SUCH AS

ACTS OF GOD OR TELECOMMUNICATION FAILURES), (VI)

ANY DAMAGES CAUSE BY ANY USER CONTENT, OR (VII)

ANY DIRECT DAMAGES IN EXCESS OF (IN THE

AGGREGATE) $50.00 (U.S.). THE FOREGOING

LIMITATIONS SHALL NOT APPLY TO THE EXTENT

PROHIBITED BY APPLICABLE LAW.

INDEMNITY.

You need to protect us in

You shall indemnify and hold harmless Tikkit, its affiliates, its

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case your use of Tikkit or

any of the content you

submit causes harm.

partners, and each of its, and its affiliates, and its partners,

employees, contractors, directors, suppliers and representatives

from all liabilities, losses, damages, claims, and expenses, including

reasonable attorneys' fees, that arise from or in connection with (i)

Your breach of this Agreement, (ii) any of Your Content (including,

without limitation, with respect to the violation of any third party

intellectual property rights, or rights of privacy or publicity) or (ii)

any disputes or other issues you have or may have with any other

Tikkit users. Tikkit reserves the right to assume the exclusive

defense and control of any matter otherwise subject to

indemnification by You, in which event You will fully assist and

cooperate with Tikkit in asserting any available defenses.

DISPUTES WITH OTHER USERS.

If you have a “issues”

with other users – we do

not want to be involved.

You are solely responsible for Your interactions with other Service users. Tikkit

reserves the right, but has no obligation, to monitor disputes between Our users.

If You have a dispute with one or more users of the Service, You shall and

hereby do release Tikkit (and its officers, directors, agents, subsidiaries, and

employees) from claims, demands and damages (actual and consequential) of

every kind and nature, known and unknown, arising out of or in any way

connected with such disputes. To the extent We assist in the resolution of any

dispute between You and any other Service users, such assistance is only a

courtesy and, therefore, You acknowledge that Tikkit shall not be responsible or

liable for such assistance or the results thereof.

TERMINATION.

You can terminate at any

time and so can we.

If You want to terminate this Agreement – You must cancel Your

Service account. You can cancel Your account by going selecting

the ‘delete this Tikkit Account’ on Your profile page within the

Application. Subject to the “Limitations on Deletion” section in our

servers and access to Your account will be disabled. Tikkit may

terminate or suspend Your access to the Service at any time, with or

without cause. Upon termination, You will no longer access (or

attempt to access) the Service. All provisions of this Agreement

which by their nature should survive termination shall survive

termination, including, without limitation, all warranty disclaimers,

limitations of liability and disputes resolutions provisions.

PRIVACY.

We take privacy seriously

so please check out our

Tikkit takes the privacy of its users very seriously. We strongly

urge You to review our Privacy Policy. If You have any questions

or concerns about how We use Your personal information – the

answers should be in the policy. If not, the policy contains Our

contact information – so You can reach out to Us with inquiries.

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This is what you should

do if you think any

content on Tikkit is

violating your intellectual

property rights.

Tikkit’s takes the protection of intellectual property rights very

seriously. If You believe that any content on the Services is

infringing any copyright Your own or control, please refer to Our

follow to request that such content be removed from the Service.

APPLE DEVICE TERMS.

If you are using Tikkit on

an Apple device (like and

iPhone) – these terms

apply.

In the event You are using the Application in connection with a

device provided by Apple, Inc. (“Apple”), the following shall

apply:

Both You and Tikkit’s acknowledge that this Agreement is

concluded between You and Tikkit’s only, and not with Apple, and

that Apple is not responsible for the Application or any content

available thru the Application;

You will only use the Application in connection with an

Apple device that You own or control;

You acknowledge and agree that Apple has no obligation

whatsoever to furnish any maintenance and support services with

respect to the Application;

In the event of any failure of the Application to conform to

any applicable warranty, including those implied by law, You may

notify Apple of such failure; upon notification, Apple’s sole

warranty obligation to You will be to refund to You the purchase

price, if any, of the Application;

You acknowledge and agree that Tikkit’s, and not Apple, is

responsible for addressing any claims You or any third party may

have in relation to the Application;

You acknowledge and agree that, in the event of any third

party claim that the Application or Your possession and use of the

Application infringes that third party’s intellectual property rights,

Tikkit’s, and not Apple, will be responsible for the investigation,

defense, settlement and discharge of any such infringement claim;

You represent and warrant that You are not located in a

country subject to a U.S. Government embargo, or that has been

designated by the U.S. Government as a “terrorist supporting”

country, and that You are not listed on any U.S. Government list of

prohibited or restricted parties;

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Both You and Tikkit’s acknowledge and agree that, in Your

use of the Application, You will comply with any applicable third

party terms of agreement, which may affect or be affected by such

use; and

Both You and Tikkit acknowledge and agree that Apple and

Apple’s subsidiaries are third party beneficiaries of this Agreement,

and that upon Your acceptance of this Agreement, Apple will have

the right (and will be deemed to have accepted the right) to enforce

this Agreement against You as the third party beneficiary hereof.

DISPUTE RESOLUTION.

If a dispute ever arises

between us and you

(which hopefully will

never ever be the case!),

here is how it will be dealt

with. We prefer arbitration

over court, but provide

you with an option to opt-

out of it.

Let's Try To Work It Out. Ideally, if You have any concerns or

complaint against Tikkit, We would like to resolve the issue

without resorting to formal court or arbitration proceedings.

Therefore, before filing a claim against Tikkit, You agree to try to

resolve the dispute informally by contacting support@withapp.me.

Tikkit will attempt to resolve the dispute informally (and will

contact You via email). If a dispute is not resolved within 15 days

of submission, You may bring a formal proceeding.

Arbitration. Any disputes that are not settled informally shall be

settled by binding arbitration in accordance with the rules and

procedures of the Judicial Arbitration and Mediation Service, Inc.

(“JAMS”). The arbitrator shall be selected by joint agreement

between You and Tikkit. In the event the parties cannot agree on

an arbitrator within thirty (30) days of the initiating party providing

the other party with written notice that it plans to seek arbitration,

the parties shall each select an arbitrator affiliated with JAMS,

which arbitrators shall jointly select a third such arbitrator to

resolve the dispute. The written decision of the arbitrator shall be

final and binding on the parties and enforceable in any court. The

arbitration proceeding shall take place in San Francisco, California

using the English language. Notwithstanding the foregoing, either

party may bring claims for equitable or injunctive relief before a

court (see the “General” section below) at any time.

Opt-out of Agreement to Arbitrate. You can decline this

agreement to arbitrate by notifying Tikkit in writing within 30

days of the date that You first become bound by this

Agreement. Your opt-out request must be sent to:

Tikkit, Inc. (ATTN: Arbitration Opt-out)

[3500 South DuPont Highway, Dover DE 19901]

You must include Your name and residence address, the email

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address You use for Your Service account, and a clear

statement that You want to opt-out of this arbitration

agreement.

No Class Actions. You may only resolve disputes with Tikkit on an

individual basis, and may not bring a claim as a plaintiff or a class

member in a class, consolidated, or representative action. Class

arbitrations, class actions, private attorney general actions, and

consolidation with other arbitrations aren't allowed. This paragraph

will not apply to the extent prohibited by applicable law.

Going to Court. Subject to the arbitration provision above, You

agree that the exclusive jurisdiction and venue for all disputes

arising in connection with this Agreement shall be in the state and

Federal courts located in San Francisco, California. You hereby

submit to such jurisdiction and venue.

GENERAL.

These are the rest of our

terms. Stuff dealing with

how this Agreement

should be read, what laws

apply, etc.

The failure of either party to exercise in any respect any right

provided for herein shall not be deemed a waiver of any further

rights hereunder. Tikkit shall not be liable for any failure to

perform its obligations hereunder where such failure results from

any cause beyond Tikkit’s reasonable control, including, without

limitation, mechanical, electronic or communications failure or

degradation (including “line-noise” interference). If any provision

of this Agreement is found to be unenforceable or invalid, that

provision shall be limited or eliminated to the minimum extent

necessary so that this Agreement shall otherwise remain in full

force and effect and enforceable. This Agreement is not assignable,

transferable or sublicensable by You except with Tikkit’s prior

written consent. Tikkit may transfer, assign or delegate this

Agreement and its rights and obligations without consent. This

Agreement shall be governed by and construed in accordance with

the laws of the state of California, as if made within California

between two residents thereof. Both parties agree that this

Agreement is the complete and exclusive statement of the mutual

understanding of the parties and supersedes and cancels all previous

written and oral agreements, communications and other

understandings relating to the subject matter of this Agreement, and

that all modifications must be in a writing signed by both parties,

except as otherwise provided herein. No agency, partnership, joint

venture, or employment is created as a result of this Agreement.

GDSVF&H\2127257.1