Last Revised: March 30, 2022

CANCELLATION RIGHTS

Special notice to California Members : You have the right to cancel your subscription

and/or upgrade(s) (including upgrades to a subscription and upgrades without a

subscription), without any penalty or obligation, at any time until midnight of the third

business day after the day on which you purchased a subscription and/or upgrade(s). To

cancel your subscription and/or upgrade(s), mail or deliver a signed and dated notice to

JSwipe Customer Care – Smooch Labs, Inc., Attn: Customer Service 10808 S River Front

Parkway, Suite 398 South Jordan, UT 84095, write to us by following the

instructions here or send a telegram which states that you are cancelling your subscription

and/or upgrade(s) or words of a similar effect. Include your Company user name and the

email address used to register for the Services with such notice. For additional state specific

information relating to cancellation, please see Section 22 (Cancellation Rights).

Special notice to Canadian Members : Please refer to Section 26 first for information

about how this Terms of Use Agreement applies to Canadian members including a special

notice regarding provisions that are inapplicable in Quebec.

Special notice to Colorado Members: YOU, THE BUYER, MAY CANCEL THIS

CONTRACT, WITHOUT

ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD

BUSINESS DAY

FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS.

NOTICE OF

CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT

INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS

CONTRACT, SEND AN E-MAIL THAT STATES THAT YOU, THE BUYER, ARE

CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. SEND THIS NOTICE

THROUGH: https://support.jswipeapp.com/hc/en-us/requests/new

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR

USING OUR SITES

AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL

TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF

THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES

PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN

INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR

CLASS ACTIONS.

IF YOU BECOME A COMPANY SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD

(OR OTHER

PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING

SUBSCRIPTION), YOUR

SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF

YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 13(c) AND

(d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE

TO SUBSCRIPTIONS.

If you have any questions or comments about this Terms of Use Agreement, you may

contact the Company by writing to us at: JSwipe Customer Care – Smooch Labs, Inc., Attn:

Customer Service – Terms of Use, 10808 S River Front Parkway, Suite 398 South Jordan,

UT 84095.

This Terms of Use Agreement (the “Agreement”) is a legal agreement that governs our

relationship with users and others that interact with Smooch Labs, Inc. and our subsidiaries

and affiliates (the

“Company”, “we,” or “us”) in connection with the use of our applications or websites

(including https://jswipeapp.com/) (the “Sites”) and our Services (as defined below). We

currently make services, products and features available through our Sites, applications,

which include Mobile Software (as defined in Section 16) and applications available on social

networking sites and other platforms, and other downloadable products (the Sites, the

applications, the downloadable products and all products, services and features provided by

us in connection therewith shall be referred to collectively as, the “Services”). We may offer

additional services or products or modify or revise any of the Services at our discretion, and

this Agreement will apply to all additional services or products and all modified or revised

Services unless otherwise indicated. We also reserve the right to cease offering any of the

Services. You agree that we shall not be liable to you or any third party for any modification,

revision, suspension or discontinuance of any of the Services.

Your use of certain Services may be subject to additional terms and conditions, and such

terms and conditions will be either listed in this Agreement, or will be presented or

accessible to you by us when you sign up to use, or use, such Services (“Additional Terms”).

All such Additional Terms are incorporated by reference into this Agreement unless

otherwise indicated. This Agreement does not alter in any way the terms or conditions of any

other agreement you may have with us for products, services or otherwise.

All visitors to or users of our Sites or Services, whether registered or not, are “users” of the

Services for purposes of this Agreement. If you register for the Services by creating an

account, you become a “Member”.

This Agreement and any policy or guideline of the Services may be modified by us in our

sole discretion at any time. We shall provide notice of any such modification, which notice

shall, at a minimum, consist of posting the revised Agreement to the Sites. When we change

the Agreement, we will update the “last revised” date at the top of this page. If you are a non-

subscribing user or Member at the time of any modification, unless otherwise indicated, any

changes or modifications will be effective immediately upon posting the revisions to the Site

or Service, and your use of the Service after such posting will constitute acceptance by you

of the revised Agreement. If you are a

subscribing Member at the time of any change or modification, unless otherwise indicated

this Agreement will continue to govern your membership until such time that your

subscription renews as contemplated by Section 13. If you continue your subscription, the

renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you

terminate your subscription at such time, your use of the Service after your termination will

constitute acceptance by you of the revised Agreement. As a result, you should frequently

review this Agreement and all applicable terms and policies to understand the terms that

apply to your use of the Services. If you do not agree to the amended terms, you must stop

using the Services.

1. ELECTRONIC RECORDS

Because the Services are provided electronically, you must consent to our providing

important information electronically if you wish to use the Services. You consent to being

provided with this Agreement, notices, disclosures, information, policies and other materials

in electronic form

(collectively “Electronic Records”), rather than in paper form in accordance with The

Electronic Signatures in Global and National Commerce Act. Your consent to receive

Electronic Records applies to all notices, disclosures, documents, records or other materials

of any kind that we may be required to provide to you.

Electronic Records will be provided on our Sites and Services or sent to the email address

associated with your account. You may wish to print out all Electronic Records and keep

them for your records. If you have any trouble printing out, downloading, and/or accessing

any Electronic Records, you may contact us in writing at the address provided above. In

order for you to access and retain Electronic Records sent by us, you must have the

following hardware and software: a computer or other access device capable of reading html

and text files, a modem or other means of accessing the Internet, a browser capable of

accessing and displaying the Company website and the ability to receive and read emails.

To print the Electronic Records, you will also need a printer.

You may withdraw your consent to receive Electronic Records by contacting us in writing at

the address provided above. However, the Services provided by us are only available if you

agree to receive Electronic Records, and you understand that withdrawing such consent will

result in your account being deactivated. You can obtain a paper copy of an Electronic

Record by contacting us in writing at the address provided above, provided that we may

charge a reasonable fee to cover the costs of printing and sending the requested Electronic

Record.

2. ELIGIBILITY

By accessing or using the Services, you represent and warrant that: (a) you are at least 18

years old; (b) you have never been convicted of a felony or any criminal offense

characterized as a sexual offense and are not required to register as a sex offender with any

government entity; (c) you have not previously been suspended or removed from the

Services; (d) you have the right, authority and capacity to enter into this Agreement and to

abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of us

and are not using the Services for reasons that are in competition with us or other than for its

intended purpose; and (f) you are not located in, under the control of, or a national or

resident of any country which the United States has (i) embargoed, (ii) identified as a

“Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny

Orders.

3. USE OF THE SERVICES

You agree that you will only use the Services, including the posting of any content through

the Services, in a manner consistent with this Agreement and any and all applicable local,

state, national and international laws and regulations, including, but not limited to, United

States export control laws. Use of the Services is void where prohibited.

a. Member Account. You will create only one unique profile for use of the Services.

You will not include any telephone numbers, street addresses, URLs, multimedia, artworks

downloaded from external sources, email addresses or any other contact information in your

profile or in any other publicly viewable User Content (as defined in Section 4 below) or

other communications made in connection with your use of the Services. Additionally, you

will not include your last name in your dating profile. You understand and agree that anyone

may be able to view any information you choose to make publicly available.

b. Account Security. You understand that you are responsible for maintaining the

confidentiality of the username and password of your account, and you are fully responsible

for all activities that occur under your username and password, including the purchase of

any of our Paid Services (as defined in Section 13 below). You agree (a) to immediately

notify us if you suspect any unauthorized use of your username or password or any other

breach of security, (b) to ensure that you exit from your account at the end of each session,

(d) to use particular caution when accessing your account from a public or shared computer

so that others are not able to view or record your password or other personal information.

You acknowledge that we are not responsible for any loss or damage arising from the theft

or misappropriation of your username or password. We recommend that you use a strong

password for your account, never use the same password on multiple sites or services and

change your password frequently.

c. Exclusive Use. You will only use the Services for your sole, personal use and not

in connection with any commercial endeavors. You will not authorize others to use the

Services or otherwise attempt to transfer your right to use the Services to any other person

or entity.

d. Interactions with Other Users; Criminal Background Screenings . You assume

all risk when using the Services, including but not limited to all risks associated with any

online or offline interactions with others, including dating. There is no substitute for acting

with caution when communicating with any stranger who wants to meet you. YOU

ACKNOWLEDGE THAT, CURRENTLY, WE DO NOT ROUTINELY SCREEN OUR USERS,

INQUIRE INTO THE BACKGROUND OF OUR USERS, ATTEMPT TO

VERIFY INFORMATION PROVIDED BY OUR USERS OR CONDUCT CRIMINAL

SCREENINGS OF OUR

USERS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CONDUCT SUCH

INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER

REGISTRIES). YOU FURTHER

ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH

INVESTIGATIONS.

We do not make any representations, warranties or guarantees as to the conduct of its

users, information provided by users, or their compatibility with you. You acknowledge that

not all users are available for matching and that we may create test profiles or accounts to

monitor the operation of the Services. You agree to take all necessary precautions when

meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE

TO REVIEW OUR ONLINE DATING SAFETY TIPS PRIOR TO USING THE SERVICES.

These tips provide general advice aimed at engaging in safer dating practices, such as not

providing your last name, home address, place of work, financial information (such as your

credit card number or your bank account number) or other identifying information to other

users and stopping all communications with anyone who pressures you for personal or

financial information or attempts in any way to trick you into revealing it. You agree to treat

all other users with dignity and respect and comply with our user conduct rules set forth in

Section 3(f) below.

e. No Commercial Solicitation or Advertising. You will not engage in any

advertising or solicitation to buy or sell any products or services through the use of the

Services and you will not transmit any chain letters, junk or spam email to other users.

Additionally, you will not use any information obtained from the Services in order to contact,

advertise to, solicit or sell to any user without their prior explicit consent.

f. User Conduct. We are not responsible or liable in any manner for the conduct of

our users, whether or not such conduct is in connection with the use of the Site or the

Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK.

You agree not to do any of the following in connection with the Services or the users thereof:

i. use the Service in any unlawful manner or in a manner that is harmful to or violates

the rights of others;

ii. engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or

stalking conduct;

iii. use the Services in any manner that could disrupt, damage, disable, overburden,

impair or affect the performance of the Services or interfere with or attempt to interfere with

any other user’s use of the Services;

iv. attempt to interfere with, compromise the system integrity or security or decipher

any transmissions to or from the servers running the Service;

v. impersonate any person or entity, or misrepresent your age, identity, affiliation,

connection or association with, any person or entity;

vi. make any commercial use of the Services or promote or solicit involvement in or

support of a political platform, religion, cult, or sect; vii. defraud, swindle or deceive other

users of the Services;

viii. disseminate another person’s personal information without his or her permission, or

collect or solicit another person’s personal information for commercial or unlawful purposes;

ix. solicit or engage in gambling or any similar activity or any illegal or unlawful activity;

x. use any scripts, bots or other automated technology to scrape or access the Services or

take any action that imposes, or may impose at our sole discretion an unreasonable or

disproportionately large load on our infrastructure; xi. collect or solicit personal information

about anyone under 18; xii. use the Service for any phishing, trolling or similar activities;

xiii. use the Service to redirect users to other sites or encourage users to visit other sites;

xiv. harvest or collect email addresses or other contact information of other users from the

Services by electronic or other means or use the Services to send, either directly or

indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or

communications or other spamming or spimming activities; xv. attempt to access any

Services or area of the Sites that you are not authorized to access;

xvi. bypass the measures we may use to prevent or restrict access to the Service,

including without limitation features that prevent or restrict use or copying of any content or

enforce limitations on use of the Service or the content therein;

xvii. use another user’s account or permit or allow other people or third parties to

access and use the Services via your account; or xviii. upload invalid data, viruses, worms,

or other software agents through the Services.

g. Reporting Violations. If you wish to report any violation of this Agreement by

others, including Members, you may do so by using the “Report This Profile” button or

similar button or link on the Services or by writing to us by following the instructions here .

h. Verification and Enforcement. Although we do not routinely conduct criminal

screenings of our users, you agree that we have the right to do so at our sole discretion, and

you consent to such screening and agree to provide to us complete, accurate and current

information confirming your eligibility for use of the Services. You understand and agree that

if the Company believes in its sole discretion that you have violated the terms of this

Agreement, misused the Services or behaved in a way that could be regarded as

inappropriate, unlawful, illegal or unsafe, the Company may, among other things,

investigate, take legal action against you and/or terminate your account and cancel your

subscription and/or membership.

4. USER CONTENT

a. Responsibility for User Content. You are solely responsible for the content and

information that you provide, publish, transmit, display or otherwise communicate to us

through the Services or to other users (collectively referred to as “post”), including without

limitation messages, data, text, photos, video, music, graphics, links or other materials

posted through chat messages, community pages, email messages, mobile messages,

photos and profile information (your submissions and those of other users, collectively, are

“User Content”). The Company does not control, take responsibility for or assume liability for

any User Content posted by you or any third party, or for any loss or damage thereto, nor is

the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods,

obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE

FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.

b. Accuracy of Information. You will not post any inaccurate, misleading, incomplete

or false information or User Content to us or to any other user. You agree that all images

posted to your dating profile are of you and were taken within the last 2 years and agree to

update your dating profile accordingly. You may be required to supply certain information

and post a photo of yourself to use the Services.

c. No Duty to Review User Content. Although you understand and acknowledge that

the Company has no duty to prescreen, review, control, monitor or edit the User Content

posted by users and is not liable for User Content that is provided by others, you agree that

the Company may, at its sole discretion, review, edit, refuse to accept or delete User

Content at any time and for any reason or no reason without notice, and you are solely

responsible for creating backup copies and replacing any

User Content you post or store on the Services at your sole cost and expense. This includes

the Company’s right to modify, crop or “photoshop” any photos you submit to comply with

the Company’s policies, practices and procedures.

d. License of User Content to the Company. The Company claims no ownership or

control over your User Content, except as otherwise specifically provided herein, on the

Services or in a separate agreement. By submitting or posting User Content, you hereby

grant, and you represent and warrant that you have the right to grant, to the Company, its

affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, transferable,

fully paid, royalty-free, worldwide right and license to use, copy, publicly perform, publicly

display, reproduce, adapt, modify, distribute, publish, list information regarding, translate,

and syndicate such User Content furnished by you and to prepare derivative works of, or

incorporate into other works, such information and User Content, and to grant and authorize

sublicenses of the foregoing in any medium. You represent and warrant that the User

Content and the public posting and use of your User Content by the Company will not

infringe or violate any third-party rights, including without limitation any intellectual property

rights or rights of privacy or publicity, or cause any harm to any third party or violate the

terms of this Agreement. You further represent and warrant that you have the written

consent of each and every identifiable natural person in your User Content to use such

person’s name, voice, or likeness in the manner contemplated by the Service and this

Agreement, and each such person has released you from any liability that may arise in

relation to such use. By posting User Content, you hereby release the Company and its

agents and employees from any claims that such use, as authorized above, violates any of

your rights and you understand that you will not be entitled to any additional compensation

for any use of your User Content.

e. Use of Proprietary Information of Others. You will not post, copy, transfer, create

any derivative works from, distribute, reproduce or show in any manner any copyrighted or

trademarked or other proprietary information or materials, including any User Content

posted by other users, without the prior consent of the owner of such proprietary rights. You

acknowledge that information or materials available through the Services may have

f. Prohibited Content. You will not post, transmit or deliver to any other user, either

directly or indirectly, any User Content that violates any third-party rights or any applicable

law, rule or regulation or is prohibited under this Agreement or any other Company policy

governing your use of the Services (“Prohibited Content”). Prohibited Content includes

without limitation User Content that:

i. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually

oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent

or illegal; ii. promotes racism, bigotry, hatred or physical harm of any kind against any

group or individual; iii. is intended to, or does, harass, or intimidate any other user or

third party;

iv. may infringe or violate any patent, trademark, trade secret, copyright or other

intellectual or proprietary right of any party, including User Content that contains others’

copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining

proper permission first;

v. contains video, audio, photographs, or images of another person without his or her

express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise

violates anyone’s right of privacy or publicity;

vi. promotes or enables illegal or unlawful activities, such as instructions on how to

make or buy illegal weapons or drugs; vii. violates someone’s data privacy or data protection

rights;

viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or

disruptive codes, components or devices; ix. contains any advertising, fundraising or

promotional content; or

x. is, in the sole judgment of the Company, objectionable or restricts or inhibits any person

from using or enjoying the Services or exposes the Company or its users to harm or liability

of any type.

g. Submissions. Separate and apart from the User Content you provide as part of

your use of the Services, you can submit questions, comments, feedback, suggestions,

success stories, ideas, plans, notes, drawings, original or creative materials or other

information relating to the Company and our Services (collectively, “Submissions”).

Submissions, whether posted to the Services or provided to the Company by email or

otherwise, are non-confidential and shall become the sole property of the Company. You

hereby assign to the Company all right, title and interest, including without limitation all

intellectual property rights, in and to any and all Submissions. The Company shall be entitled

to the unrestricted use and dissemination of any Submissions for any purpose, commercial

or otherwise, without acknowledgment or compensation to you.

h. Social Networking Sites. If you have enabled the use of our Services through a

third-party social networking or similar site or mobile or other application (a “Social

Networking Site”), such as Facebook, Google or Twitter, you permit the Company to access

certain information about you that is made available to the Company through or from that

Social Networking Site. The information obtained by the Company varies by Social

Networking Site and may be affected by the privacy settings you establish at that Social

Networking Site, but can include information such as your name, profile picture, network,

gender, username, user ID, age range or birthday, language, location, country, interests,

contacts list, friends lists or followers and other information. By accessing or using our

Services through a Social Networking Site, you are authorizing the Company to collect,

store, retain and use, in accordance with our Privacy Policy, any and all of your information

that the Company has obtained from the Social Networking Site, including to create a

Company profile page and account for you. Depending on the Social Networking Site and

your privacy settings, the Company may also post information to your Social Networking

Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or

other similar terms) our application on a Social Networking Site or the transfer of information

to the Company from such site. If there is information about your “friends” or people you are

associated with in your Social Networking Site account, the information we obtain about

those persons may also depend on the privacy settings such people have with the

applicable Social Networking Site. You acknowledge and agree that the Company is not

responsible for, and has no control over, any applicable privacy settings on any

Social Networking Sites (including any settings related to any messages or advertisements

about the Company that the Social Networking Site may send to you or your friends). You

should always review, and if necessary, adjust your privacy settings on Social Networking

Sites before getting or using applications such as ours or linking or connecting your Social

Networking Site account to the Services. You may also unlink your Social Networking Site

account from the Services by adjusting your settings on the Social Networking Site.

5. PRIVACY

Please refer to our Privacy Policy for information about how the Company collects, uses,

stores and discloses personally identifiable information from its users. You understand and

agree that if you post any content, information or material of a personal or private nature in

your profile or in any public areas of the Company or post or provide to the Company any

information or content which is intended to be shared with other users, such content,

information and materials will be shared with others accordingly, and you hereby consent to

such sharing. You understand that by using the Services you consent to the collection, use

and disclosure of your personally identifiable information and aggregate data as set forth in

our Privacy Policy, and to have your personally identifiable information collected, used,

transferred to and processed in the United States or any other country in which we process

your data or make the Services available. You also consent to receive emails from us in

connection with the use or promotion of the Services.

6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

Except for your User Content, the Service and all materials therein or transferred thereby,

including, without limitation, software, images, text, graphics, designs, illustrations, Company

logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music,

information, data, other files and the arrangement thereof and User Content belonging to

other users (the “Proprietary Materials”), and all intellectual property rights related thereto,

are the exclusive property of the Company and its licensors (including other users who post

User Content to the Service). Except as explicitly provided herein, nothing in this Agreement

shall be deemed to create a license in or under any such intellectual property rights of the

Company.

You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely

revocable license to access and use the Services as permitted by the features of the

Services, subject to the terms and conditions of this Agreement. You agree that you will not

(i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform,

display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the

Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part

of the Services, without our prior written authorization; (iii) use meta tags or code or other

devices containing any reference to the Company or the Services in order to direct any

person to any other website for any purpose; (iv) resell or make any commercial use of the

Services; (v) use any data mining, robots, or similar data gathering or extraction methods or

otherwise collect any pictures, descriptions, data or other content from the Services; (vi)

forge headers or otherwise manipulate identifiers in order to disguise the origin of any

information transmitted through the Services; (vii) use any automated methods or processes

to create user accounts or access the Services or (viii) use the Proprietary Materials or the

Services other than for their intended purpose. Any use of the Services or Proprietary

Materials other than as expressly authorized herein, without the prior written consent of the

Company, is strictly prohibited and will violate and terminate the license granted herein.

Such unauthorized use may also violate applicable laws, including without limitation

Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring

any license to intellectual property rights, whether by estoppel, implication or otherwise. The

Company reserves all rights not expressly granted herein in the Services and the Proprietary

Materials. This license is revocable at any time.

7. REPEAT INFRINGER POLICY

If you become aware of any violation of any intellectual property laws (in particular in respect

of User Content) you should report this to us by writing to us by following the

instructions here , including your name and address, details of the location of the content in

question and details of the unlawful nature of the activity or the content.

The Company reserves the right to terminate, in its sole discretion, users who are deemed to

be repeat infringers. The Company may also, in its sole discretion, limit access to the

Services and/or terminate the accounts of any users who infringe any intellectual property

rights of others, whether or not there is any repeat infringement.

8. COPYRIGHT POLICY

If you are a copyright owner or an agent thereof and believe that anything on the sites

infringes upon your copyrights, you may submit a notification of infringement pursuant to the

Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the

following information: (i) an electronic or physical signature of the person authorized to act

on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that

you claim has been infringed; (iii) a description of where the material that you claim is

infringing is located on our website (please include URLs to help us identify the material); (iv)

your address, telephone number, and email address; (v) a written statement by you that you

have a good faith belief that the disputed use is not authorized by the copyright owner, its

agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above

information in your notice is accurate and that you are the copyright owner or authorized to

act on the copyright owner’s behalf. the Company’s designated Copyright Agent to receive

notifications of claimed infringement is:

JSwipe Customer Care – Smooch Labs, Inc.

Attn: Copyright Agent

10808 S River Front Parkway, Suite 398

South Jordan, UT 84095

USA

[email protected]t (only DMCA notices will be accepted at this email address; all other

inquiries or requests will be discarded)

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE

MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR

PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS,

AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying the Company and its affiliates that

your copyrighted material has been infringed. The preceding requirements are intended to

comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C.

§512(c), but do not constitute legal advice. It may be advisable to contact an attorney

regarding your rights and obligations under the DMCA and other applicable laws.

9. TRADEMARKS

The Company’s logos and any other trade name or slogan contained in the Services are

trademarks or service marks of the Company, its partners or its licensors and may not be

copied, imitated or used, in whole or in part, without the prior written permission of the

Company or the applicable trademark holder. In addition, the look and feel of the Services,

including all page headers, custom graphics, button icons and scripts, is the service mark,

trademark and/or trade dress of the Company and may not be copied, imitated or used, in

whole or in part, without our prior written permission. All other trademarks, registered

trademarks, product names and company names or logos mentioned in the Services are the

property of their respective owners. Reference to any products, services, processes or other

information, by trade name, trademark, manufacturer, supplier or otherwise does not

constitute or imply endorsement, sponsorship or recommendation thereof by us.

10. HYPERLINKS

You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to

the Company websites for noncommercial purposes, provided such link does not portray the

Company or its Services in a false, misleading, derogatory or otherwise defamatory manner

and provided further that the linking site is not directed at children and does not contain any

adult or illegal material or any material that is offensive, harassing or otherwise

objectionable. This limited right may be revoked at any time. You may not use the

Company’s logo or proprietary graphics to link to any Company website without our express

written permission. Further, you may not use, frame or utilize framing techniques to enclose

any Company trademark, logo or other proprietary information, including the images found in

the Services, the content of any text or the layout/design of any page or form contained in

the Services without the Company’s express written consent. Except as noted above, you

are not conveyed any right or license by implication, estoppel or otherwise in or under any

patent, trademark, copyright or proprietary right of the Company or any third party.

The Company makes no claim or representation regarding, and accepts no responsibility for,

the quality, content, nature or reliability of third-party websites accessible by hyperlink from

the Services. Such sites are not under the control of the Company and the Company is not

responsible for the content of any linked site or any link contained in a linked site, or any

review, changes or updates to such sites. the Company provides these links to you only as a

convenience, and the inclusion of any link does not imply affiliation, endorsement or

adoption by the Company of any site or any information contained therein. When you leave

the Services, you should be aware that our terms and policies no longer govern. You should

review the applicable terms and policies, including privacy and data gathering practices, of

any site to which you navigate from the Services. You understand and agree that you access

any such third-party sites and services at your own risk.

11. THIRD PARTY CONTENT

The Company may provide third party content on the Services and may provide links to web

pages and content of third parties (collectively the “Third Party Content”) as a service to

those interested in this information. The Company does not control, endorse or adopt any

Third Party Content and makes no representations or warranties of any kind regarding the

Third Party Content, including without limitation regarding its accuracy or completeness. You

acknowledge and agree that the Company is not responsible or liable in any manner for any

Third Party Content and undertakes no responsibility to update or review any Third Party

Content. Users use such Third Party Content contained therein at their own risk.

12. ADVERTISERS AND OTHER THIRD PARTIES

The Services may contain advertisements and promotions from third parties or may

otherwise provide information about or links to third party products or services. Your dealings

or correspondence with, or participation in promotions of, such third parties, and any terms,

conditions, warranties or representations associated with such dealings or promotions, are

solely between you and such third party. The Company is not responsible for, and does not

endorse, any features, content, advertising, products, services or other materials on or

available from third party sites. You agree that the Company shall not be responsible or

liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such

dealings or as a result of the presence of such third party advertisers or third party

information on the Services.

13. PAID SERVICES

a. General. If you purchase any Services that we offer for a fee (the “Paid Services”), such

as a subscription to our Services or virtual coins (as described below), you authorize the

Company and our designated payment processors to store your payment information

and other related information. You also agree to pay the applicable fees for the Paid

Services (including without limitation periodic fees for ongoing subscriptions (the

“Subscription Fees”) as set forth on the Services) as they become due plus all related

taxes (including without limitation sales and use taxes, duties or other governmental

taxes or fees), and to reimburse us for all collection costs and interest for any overdue

amounts. All fees and charges are nonrefundable and there are no refunds or credits for

any partially used Paid Services (including partially used subscription periods) except (i)

as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and

(iii) at the Company’s sole and absolute discretion. Fees for the Paid Services may be

payable in advance, in arrears, per usage or as otherwise described when you initially

purchase the Paid Services. All prices for Paid Services are subject to change without

notice (except as otherwise described in this Section 13).

b. Payment Method. The Company may, from time to time, offer various payment

methods, including without limitation payment by credit card, by debit card, by check, by

certain mobile payment providers or by using PayPal. You authorize the Company to

charge you for Paid Services through any payment method(s) you select when

purchasing the Paid Services (the “Payment Method”) and you agree to make payment

using such Payment Method(s) (we may, from time to time, receive and use updated

payment method information provided by you or that financial institutions or payment

processors may provide to us to update information related to your Payment Method(s),

such as updated expiration dates or account numbers). Certain Payment Methods, such

as credit cards and debit cards, may involve agreements between you and the financial

institution, credit card issuer or other provider of your chosen Payment Methods (the

“Payment Method Provider”). If we do not receive payment from your Payment Method

Provider, you agree to directly pay all amounts due upon demand from us. Your non-

termination or continued use of the Paid Services reaffirms that we are authorized to

charge your Payment Method. The Company’s Paid Services may