Jujama End User License Agreement and Terms of Service

This End User License Agreement and Terms of Service (this “Agreement”) sets forth the terms and conditions governing the use of any JUJAMA, Inc. (“JUJAMA” or “We”) applications downloaded or otherwise used or acquired by you, including mobile, web, and desktop applications, that are designed to operate on a device you own or control (each, an “App” and collectively, the “Apps”). By installing or using any App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, then you should uninstall any and all of the Apps you may have downloaded and refrain from using the web or desktop Apps. References in this Agreement to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any.

1. Grant of License. Subject to the terms and conditions of this Agreement, JUJAMA hereby grants to you a personal, non-transferable and non-exclusive license to: (1) install and use the mobile App on a single smartphone or tablet device solely for the purposes of your personal use; and (2) use the web or desktop Apps. JUJAMA reserves the right to discontinue any and all Apps or certain functionality thereof with or without notice at any time. All rights not expressly granted hereunder are reserved by JUJAMA. JUJAMA and its licensors retain all ownership of the Apps, including, but not limited to, any images, algorithms, photographs, animations, video, audio, music and text incorporated into the Apps and all content displayed by the Apps.

2. App Use Restrictions. You shall not sublicense, distribute, lease, loan or otherwise convey any App or any portion thereof to anyone. You shall not modify any App, incorporate any App in whole or in part in any other product or create derivative works based on all or part of any App. You shall not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of any App. You shall not sub-license, or charge others to use or access any App. You shall not use any App in connection with a service bureau, time sharing or fee-for service arrangement with third parties. Except to the extent required by applicable local law, you shall not reverse assemble, decompile or disassemble or otherwise reverse engineer any portion of any App. If you dispose of any media embodying any App, you will ensure that you have completely erased or otherwise destroyed any App stored on such media. THE APPS ARE NEITHER DESIGNED NOR INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE TO ANY PERSONS.

3. Assumption of Risk. You acknowledge and agree that your use of any App is at your own risk. You agree that JUJAMA will incur no legal or moral liabilities to you or anyone else for your use of any App or reliance on any information produced by any App.

4. Data. By inputting or submitting data or content to any App, you automatically represent and warrant to JUJAMA that the owner of such content has expressly granted JUJAMA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the data or content in any media or medium, or any form, format, or forum now known or hereafter developed. JUJAMA may sublicense its rights through multiple tiers of sublicenses. JUJAMA may combine any information you provide with information from other users to create aggregated data to display on the JUJAMA web site. This information may also be disclosed to third parties. Aggregated data does not contain any information that could be used to contact you, identify you, or associate any information with you personally.

The other provisions of this Agreement notwithstanding, with respect to any Regulated Personal Data (as defined below) that you input or submit to any App, the following conditions shall apply: (i) each license or intellectual property right granted by you to JUJAMA pursuant to this Agreement shall be in the form of royalty-free, revocable, worldwide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the data or content in any media or medium, or any form, format, or forum now known or hereafter developed for the purposes of using the Apps (each such grant, a “Limited License”), (ii) by inputting or submitting such data or content to any App, you (a) automatically represent and warrant to JUJAMA that the owner of such content has expressly granted JUJAMA the Limited License(s), (b) agree to refrain from inputting or submitting such data or content to any App data or content that contains “special categories of personal data” as enumerated in Article 9(1) of the General Data Protection Regulation of the European Union (the “GDPR”) (such data, “Sensitive Personal Data”), and (c) represent and warrant that any data or content you input or submit to any App shall not contain any Sensitive Personal Data. “Regulated Personal Data” means only that subset of “personal data” as defined in Article 4(1) of the GDPR (“Personal Data”) of which the processing is actually regulated pursuant to Material and Territorial Scope provisions contained in Articles 2 and 3 of the GDPR.

5. Disclaimer of Warranty. JUJAMA PROVIDES THE APPS TO YOU "AS IS", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JUJAMA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTY THAT THE INFORMATION PROVIDED BY ANY APP IS ACCURATE, COMPLETE OR UP-TO-DATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY JUJAMA EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR SHALL CREATE A WARRANTY FOR ANY APP, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. JUJAMA'S LICENSORS EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE APPS.

6. Limitation of Liability. EXCEPT AS OTHERWISE MANDATED BY APPLICABLE LAW, IN NO EVENT SHALL JUJAMA OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, PERSONAL INJURY/WRONGFUL DEATH (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL), WHETHER OR NOT JUJAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. JUJAMA'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR POSSESSION OF THE APPS, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE AGGREGATE FEES YOU PAID FOR YOUR LICENSE TO THE APPS.

7. Indemnification. By using any App you agree to indemnify and hold JUJAMA, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys' fees and costs) arising from your use or misuse of any Apps, to the fullest extent of applicable law.

8. Termination and Cancellation. Either you or JUJAMA may terminate or cancel your use and/or access to the Apps at any time, with or without cause. You understand and agree that stopping your access to or usage of the Apps is your sole right and remedy with respect to any dispute with JUJAMA, except as otherwise mandated by applicable law.

9. General. This Agreement supersedes all agreements or proposals, whether oral or written, all negotiations, conversations, discussions and all past course of dealing between you and JUJAMA relating to the Apps or the terms of its license to you. Modifications of this agreement may be published to the Apps and your continued use of the Apps shall be deemed as your acceptance thereof. This Agreement may be supplemented by an additional end user license agreement specific to the event-related App you download or use (a “Supplemental EULA”). The terms of a Supplemental EULA shall apply in addition to the terms of this Agreement, except where the terms conflict, in which case the terms of this Agreement shall control. No waiver of any right or obligation contained herein shall be given except in writing signed by the party against whom the waiver is sought to be enforced. In the event any term of this Agreement is held unenforceable or invalid under any applicable statute or regulation by a court of competent jurisdiction, such court may replace such unenforceable or invalid term with an enforceable and valid term designed to achieve, to the maximum extent possible, the business purposes and intent of the original term. The remaining terms shall survive and be enforceable to the maximum extent permissible by law and shall be interpreted, in light of any new terms, so as to best achieve the business purposes and intent of the Agreement, as originally drafted. Neither this Agreement nor the licenses granted herein are transferable by you without the prior written consent of JUJAMA. JUJAMA may assign this Agreement, in whole or in part. For purposes of this Agreement, transfer of rights by you pursuant to a merger, acquisition or by operation of law shall be deemed to be an assignment. This Agreement shall inure to the benefit of the parties and their permitted successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law, except with respect to applicable laws governing the processing of Personal Data.