TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website (the "Website"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Website. By using the Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Website.

INFORMATION ABOUT US

The Website is operated by Yougetitback Limited ("we", "our" or "us"). We are registered in Ireland under company number 405131 and have our registered office at Evergreen House, Congress Road, Cork, Ireland. Our VAT number is IE6425131M.

ACCESSING THE SITE

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We, or our licensors, own the copyright in any software that is made available for download from the Website. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

THE WEBSITE CHANGES REGULARLY

We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for, loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

We process information about you in accordance with our privacy policy available as a link on the Website. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

Additional terms may apply to:

• any purchases you make through the Website;
• registration to the Website and/or any other email alert or other related services; and
• any promotion, competition or draw appearing on the Website.

AGE AND RESPONSIBILITY

You must be over 18 years of age to purchase or obtain the software and services, but if you are under the age of 18, you may purchase and utilise the software and services in conjunction with and under the supervision of your parents or guardian. By using the Website you understand that you are financially responsible for purchases made on the Website by you and those using your log-on information. You agree to notify us immediately of any unauthorised use of your log-on information or any other breach of security. Furthermore, you affirm that you are over the age of 13. Use of the Website is not intended and is prohibited for persons under 13 and we ask that you please disconnect from the Website.

USE OF THE SITE

You may use the Website only for lawful purposes. You may not use the Website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
• to attempt to gain unauthorised access to the server(s) on which the Website is stored or any server, computer or database connected to the Website.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

USER GENERATED CONTENT

The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:

• grant us the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have in respect of any material you post to the Website;
• warrant to us that all such content complies with the provisions of these terms ; and
• acknowledge that we may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from us.

We reserve the right (but not the obligation) at our sole discretion to refuse or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, we may not always review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume we are aware of it. If you object to the publication of any material placed on the Website please contact us at the address notice@yougetitback.com and we will take whatever action we deem appropriate.
We accept no responsibility for any statements, material or other submissions placed on the Website by users.

LINKING TO THE WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the Website other than that set out above, please address your request to notice@yougetitback.com.

LINKS FROM THE WEBSITE

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The courts in the Republic of Ireland will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.
In the event of a conflict between different translations of these terms of use the original English version will prevail.

YOUR CONCERNS

If you have any concerns about material which appears on the Website, please contact notice@yougetitback.com
Thank you for visiting the Website.

PRIVATE POLICY

1.ABOUT US

2.SCOPE OF POLICY

3.WE GENERALLY ACT AS DATA PROCESSORS

4.HOW WE COLLECT USER DATA

5.WHAT USER DATA DO WE COLLECT AND WHAT DO WE DO WITH IT?

6.CONSENT FOR LOCATION DATA

7.COOKIES

8.DISCLOSURE OF USER DATA

9.WHERE WE STORE THE USER DATA

10.YOUR RIGHTS

11.ACCESS TO USER DATA

12.RETENTION OF USER DATA

13.CHILDREN

14.SECURITY

15.DISCLAIMER

16.CHANGES TO OUR PRIVACY POLICY

17.GOVERNING LAW

18.CONTACT INFORMATION

1. ABOUT US

YOUGETITBACK LIMITED (trading as Inhance Technology) (“Inhance”, "we", “our” or “us”) is committed to protecting and respecting your privacy. We are registered in the Republic of Ireland under company number 405131 and have our registered office at Evergreen House, Congress Road, Cork, Ireland. Our VAT number is IE6425131M.

2. SCOPE OF POLICY

   1. This Privacy Policy sets out the basis on which any personal data about you or any Additional User (as defined at section 2.6) (the “ User Data”), will be processed by us.

   2. This Privacy Policy applies to the User Data processed by us through your use of our application and services (together the “ App”). The App may include the following when it results in the processing of User Data by us:

      1. the software applications we provide to customers which includes all or any of the features of the application, computer software and digital assets, the data supplied with it, the associated media, printed materials, purchase information and online OR electronic documentation; and

      2. any of the services, websites or online accounts accessible as part of the App.

   3. Additional terms and conditions may apply to your use of the App and these are available at www.inhancetechnology.com.

   4. Any compatible mobile, telephone, or handheld device with the appropriate specification on which the App is downloaded is referred to in this Privacy Policy as (the “Device”)

   5. The App allows you to create an online account to manage your preferences and the features of the App (the “Online Account”). You should be able to access the Online Account from a Device or from any computer with internet connectivity using your user ID and password (the “ Account ID”).

   6. If you are able to download the App to a number of different Devices, you should be able to view those Devices on your Online Account. If the Devices are used by other users, for example, employees or family members, then we will also process the User Data of these users (the “Additional Users”). This Privacy Policy applies to any User Data we process relating to the Additional Users and references to “you” or “your” in this Privacy Policy shall include the Additional User as appropriate.

   7. Please read the following carefully to understand our views and practices regarding the User Data and how we will treat it.

   8. By using, accessing or downloading the App or using the website through which the App is made available to you (the “ App Site”), or the Online Account, you are accepting and consenting to the practices described in this Privacy Policy.

3. WE GENERALLY ACT AS DATA PROCESSORS

   1. For the purpose of the Data Protection Act 1988 & 2003 in the Republic of Ireland (the “Act”), we generally process User Data on behalf of insurance and warranty companies, telecom operators, consumer electronics retailers and OEMs (the “ Seller”) who are the data controllers for the purposes of the Act.

   2. The Seller allows us to process your User Data in connection with the product or service that you have purchased from the Seller (the “ Seller Product”), for example mobile devices or insurance policies. You acknowledge and agree that once you download the App to a Device we may contact you via push, email or text with information relevant to the App.

   3. When we are acting as data processors we will process User Data under the instructions of the Seller and we will share your User Data with the Seller. This Privacy Policy only describes the use that we will make of your User Data. The Seller, may process your User Data differently, including processing in ways which are not consistent with the provisions of this Privacy Policy. We are not responsible or liable for any processing activities undertaken by the Seller in connection with the User Data.

   4. In certain limited circumstances we may act as data controllers under the Act for the purposes of certain features available through our App where the App is not provided as part of the Seller Product or we collect User Data for Our own purposes and not on behalf of a Seller. This Privacy Policy applies to our processing activities as data controller or data processor.

4. HOW WE COLLECT USER DATA

   1. User Data provided to us (the “General Data”): you may give us User Data about you by filling in forms on the App Site, or by corresponding with us (for example, by e-mail or telephone). The User Data you provide may include User Data about the Additional Users of the Online Account where the Device used by the Additional User on which the App is installed is registered to that Online Account. This includes User Data that is provided to us about you:

      1. upon registration to use the App Site;

      2. when downloading or registering to use the App. Registration is optional, however you may not be able to use some of all of the features of the App if you do not register;

      3. when you are using the App;

      4. when subscribing to any of the features of the App;

      5. when entering a competition, promotion or survey; and

      6. when a problem is reported or a request for support is received.

   2. User Data we collect about you (“Technical Data”). Each time you visit the App Site or use one of our Apps we may automatically collect the following:

      1. User Data relevant to the Device and the User Data stored on that Device;

      2. details of the use of any of our Apps or of visits to the App Sites and the resources that are used.

   3. Location Data We may also use location technology such as GPS, Wi-fi, Cell ID or IP address (the “Location Technology”) to determine the location of the Device. We may collect the precise coordinate data and real time geographic location of the Device over a period of time (i.e. tracking) or at a given point in time (the “Location Data”) and share such Location Data with the Sellers who are the data controllers of such Location Data.

   4. User Data we receive from other sources (the “Third Party Data”). We are working closely with third parties (including, for example, Sellers, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and may receive User Data about you from them.

   5. If you contact us, we may keep a record of that correspondence (the “Support Data”).

5. WHAT USER DATA DO WE COLLECT AND WHAT DO WE DO WITH IT?

   1. A description of the User Data we collect, including information related to the User Data which may not be personal data, is included in the table below including an overview of the purpose for which is collected (the “Purpose”):

   User Data	Description of User Data (including but not limited to):	Purpose
   General Data	name, address, e-mail address, the Device's phone number, username, password and other registration information	to enable you to register for the App and to deliver the features of the App to you to send you the download link via SMS or email when you register with us. to carry out our obligations arising from any contracts entered into between you and us for non-marketing/administrative purposes e.g. to notify you about changes to the App or any contracts between us to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes to send you push notifications or SMS messages about various events related to the features of the App.
   Technical Data	the type of Device used, a unique Device identifier (for example, the Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, the mobile operating system, the type of mobile browser used, time zone settings, contact information stored on the Device, login information, photos, videos or other digital content including SMS messages on Android Devices. We also collect traffic data, location data, weblogs and other communication data and information about your computer, including where available your IP address, operating system and browser type, for system administration, to track an individual and to report aggregate information. We also collect data relating to the performance of the mobile device such as battery life, charging time, application processor allocations, screen on duration, connection type (wifi, 3G) etc.	to deliver the features of the App to you to carry out our obligations arising from any contracts entered into between you and us to ensure that content from the App Site and the Online Account is presented in the most effective manner for you and for the Device to allow you to participate in interactive features of our service, when you choose to do so
   Location Data	including the precise coordinate data and real time geographic location of the Device	to allow you to participate in interactive features of the App, when you choose to do so
   Support Data	details of the support request	to deliver the features of the App to you to enable us to provide effective support services

   2. If you provide your express consent you agree we may also use the User Data, or permit selected third parties to use the User Data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email, post or telephone. You can also adjust your details and opt out of receiving such emails and other communications by ticking the appropriate "opt out"option.

   3. You grant to us an irrevocable, royalty free and non-exclusive licence to use, copy, modify, adapt, translate and distribute the User Data for the purposes specified above and in accordance with this Privacy Policy.

6. Consent for Location Data

   1. We will require express consent for the use of Location Technology on a Device. Consent may be requested a number of different ways as follows and consent shall be continuing once it has been provided unless you actively remove consent as provided below. you may provide consent (the latest recorded consent by our system is the most valid):

      1. by ticking the relevant box at registration;

      2. by ticking the relevant pop up box in the App when you try to use a feature of the App that requires the use of Location Technology; or

      3. when you make a support request (including when you use your four digit PIN to locate your Device from another Device) in which case consent is provided by your action in requesting the location be sent to the Device from which you are sending the text. If you provide consent at the time of making a support request this will take precedence over those specified on your Device or on your Online Account.

   2. In the event that you are providing consent on behalf of the Additional User you are acting as their agent and you confirm that you have all necessary rights and authority to provide consent on behalf of the Additional User. You acknowledge that we will use the Location Technology for each Device registered to the same Online Account where we have consent for the relevant Device. Agreement from the Additional User must be effective, valid and specific for the purposes which the App will be used by you. In the event that the Additional User revokes any consent provided you must delete the relevant Device from your Online Account. You agree not to lock, track, request a location or use any features of the App for any Device in the event that you do not have legal and continuing agreement from the Additional User. You agree to provide us with a record of any agreement provided from an Additional User within seven (7) business days of any request from us.

   3. Consent may be withdrawn on a Device at any time by turning “ON”/“OFF” the relevant setting through the Online Account. Through the Online Account, select the relevant Device. Go into the “Permissions and Privacy heading” and turn “ON/OFF” location as required. The Location Technology will need to be turned “OFF” for each Device individually.

   4. In some circumstances, and in particular where your Device is offline, there may be a delay between the time when you turn ON/OFF the Location Technology and the time when we register that action. For example, if we have your consent and your Device is offline when you initiate a feature of the App that uses Location Technology and You subsequently turn off location, as soon as the Device is online and your request is registered on our system we will action your requests. However, because actions are queued in our system, your request to use the Location Technology may be completed before our system registers that you have turned off the Location Technology.

   5. When we have consent we will transmit, collect, maintain, process and use, among other things, the Location Data and share such Location Data with the Sellers who are the data controllers of such Location Data. We process all Location Data under the instructions of the Seller.

   6. If an insurance claim is made relating to a lost or stolen Device, you acknowledge that if consent has been provided for the collection of Location Data for a Device then we are processing the Location Data on behalf of the Seller who is the data controller for the purposes of the claim. From the point at which the claim is made, if we have your consent, Location Data collected from the Device may be used to try to identify where the Device is located.

   7. If you do not provide your consent you agree that we shall have the right to inform the Seller of this fact. You understand that by providing your consent you are allowing us to locate the SIM (Subscriber Identity Module) for the Device. This may result in us locating a different Device from the insured Device if the SIM is transferred to another Device. We shall not be responsible or liable for any decisions taken by the Seller as a result of the Location Data that we provide to them.

7. COOKIES

   1. We use cookies to distinguish you from other users of the App or App Site. This helps us to provide you with a good experience when you use the App or browse any of the sites and also allows us to improve the App and the App Site. The cookies may be our own or they may be third party cookies which are required to provide certain aspects of the App.

   2. We may obtain User Data about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the App Site and to deliver a better and more personalised service. Some of the cookies we use are essential for the App Site to operate.

   3. If you register with us or if you continue to use our site, you agree to our use of cookies.

   4. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information.

      INHANCE COOKIES
      Cookie Name	Name	Purpose
      YGIB_COOKIE	Country	To store country for localisation purposes
      YGIB_COOKIE_BRANDINGID	Branding id	To store branding for a user in order to render the appropriate UI ie. CSS, javascript etc
      JSESSIONID	session id	To identify an End User’s session to our server. For example, if you log in to your Online Account, the session id cookie will let us know that you have logged in and We will allow you to move freely within the pages of your Online Vault without the need to login each time for each new page you access in a session.

      
      
      

      THIRD PARTY COOKIES
      Cookie Name	Name	Purpose
      __utma, __utmb, __utmc, __utmv, __utmz	Google Analytics	Google Analytics is a web analytics service provided by Google, Inc. (“Google”), to help Inhance see how our website is used. In doing so information about your use of our website, including your IP address, may be transmitted to Google and stored on servers in the United States. We use Google Analytics to: To determine End Users’ Device types To determine the pages of the Inhance website that are most frequently viewed
      SID, SAPISID, APISID, SSID, HSID, NID, PREF	Google Maps	Google set a number of cookies on any page that includes a Google Map. While Inhance have no control over the cookies set by Google, they appear to include a mixture of pieces of information to measure the number and behaviour of Google Maps users. We use Google Maps to: To display the location of your Device on the App Site.

   5. You block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be to access all or parts of the App Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit the App Site.

8. DISCLOSURE OF USER DATA

   1. We may disclose some or all of the User Data we collect from you when you download or use the App to the Seller, our suppliers, authorised business partners and subcontractors for the Purposes specified above.

   2. We may disclose the User Data relevant to any backup services provided relevant to the User Data to Amazon Web Services, LLC. you can read more about the measures taken by Amazon to protect the security of their services and the User Data at: http://awsmedia.s3.amazonaws.com/pdf/aws_security_whitepaper.pdf

   3. We may disclose the User Data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

   4. We may disclose the User Data to third parties:

      1. in the event that we sell or buy any business or assets, in which case we may disclose the User Data to the prospective seller or buyer of such business or assets;

      2. if Inhance or substantially all of its assets are acquired by a third party, in which case User Data held by it about its customers will be one of the transferred assets; or

      3. if we are under a duty to disclose or share the User Data in order to comply with any legal or regulatory obligation or request.

   5. We may disclose the User Data to third parties in order to:

      1. enforce or apply the terms of our agreements or this Privacy Policy and other agreements or to investigate potential breaches; or

      2. protect the rights, property or safety of Inhance our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

9. WHERE WE STORE THE USER DATA

   1. The User Data that we collect may be transferred to, and stored at, a destination outside the European Economic Area (the “ EEA”). This includes transferring the User Data to and from the Seller who may be located outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Staff may be engaged in the fulfilment of your request and the provision of support services. By submitting the User Data, you agree to this transfer, storing or processing. Inhance will take all steps reasonably necessary to ensure that the User Data is treated securely and in accordance with this Privacy Policy and the relevant provisions of the Act.

   2. All User Data that you provide to us is stored on our secure servers. You are responsible for keeping the Account ID safe and secure and not sharing it with anyone.

   3. The transmission of information, including User Data, via the internet is not completely secure; any transmission is at your own risk. Although no-one can guarantee the security of data transmitted via the internet, we do our best to protect the User Data transmitted via the App, the App Sites or the Online Account. We use industry standard security techniques to help keep the User Data safe including encryption when the User Data is in transit (RSA 128) and at rest (AES 256).

   4. We may collect and store User Data on your Device using application data caches and browser web storage using industry standard techniques..

10. YOUR RIGHTS

    1. You can exercise your right to prevent us processing the User Data for marketing purposes via, telephone, email or text by checking certain boxes on the forms we use to collect the User Data. you can also exercise the right at any time by contacting us at notices@inhancetechnology.com.

    2. The Inhance website or the App Site may, from time to time, contain links to and from the websites of the Seller, our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any User Data to these third parties.

    3. You can stop all collection of User Data by the App easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of the Device or via the mobile application marketplace or network. You can also request to opt-out via email, at notices@inhancetechnology.com

11. ACCESS to USER DATA

    1. The Act gives you the right to access User Data held about you by the data controller. Your right of access can be exercised in accordance with the Act. If you send such a request to us and we are acting as a data processor on behalf of a data controller we will send your request to the relevant data controller and follow their instructions in responding to you.

    2. In the event that we are acting as the data controller we will be responsible for responding to you directly.

    3. Any access request may be subject to a small fee of no more than six euro and thirty five cents (€6.35) to meet our costs or the data controller’s costs in providing you with details of the User Data we hold about you.

    4. In addition to your right to access the User Data, you also have a right to have the User Data corrected, if inaccurate, or erased, if we do not have a legitimate reason for holding your data.

    5. You can correct the User Data either by:

       1. logging into the Online Account (if applicable) and making the necessary changes;

       2. contacting our call centre directly to change your account details; and/or

       3. emailing us at notices@inhancetechnology.com. Our call centre representative may require you to answer a number of security related questions before dealing with your request. All such corrections will be made as soon as possible.

12. RETENTION OF USER DATA

    1. When acting as data processor We will retain User Data for as long as we are directed by the Seller or for as long as we are required under relevant laws.

    2. When acting as data controller We will retain User Data for as long as you use the App and for a reasonable time thereafter.

    3. If you would like us to delete the User Data, please contact us at notices@inhancetechnology.com and we will respond in a reasonable time. Please note that some or all of the User Data may be required in order for the App to function properly.

13. CHILDREN

    1. We do not use the App to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with User Data without their consent, he or she should contact us at notices@inhancetechnology.com. We will delete such User Data from our files within a reasonable time.

14. SECURITY

    1. We are concerned about safeguarding the confidentiality and security of the User Data. We provide physical, electronic, and procedural safeguards to protect the User Data we process and maintain. For example, we limit access to the User Data to authorized employees and contractors who need to know that User Data in order to operate, develop or improve the App. Please be aware that, although we endeavour to provide reasonable security for the User Data we process and maintain, no security system can prevent all potential security breaches.

15. DISCLAIMER

    1. WE ARE NOT LIABLE TO YOU IN RESPECT OF ANY CLAIMS, LOSSES, DAMAGES, EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE AND/OR DISCLOSURE OR DISSEMINATION OF THE USER DATA IN ACCORDANCE WITH THIS PRIVACY POLICY AND ANY CONSENTS THAT YOU MAY HAVE OTHERWISE PROVIDED TO US.

16. CHANGES TO OUR PRIVACY POLICY

    1. Any changes we may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you on the App Site or the Inhance website.

    2. In the event of a conflict between different translations of this Privacy Policy the original English version will prevail.

17. GOVERNING LAW

    1. This Privacy Policy is covered by and shall be construed in accordance with the laws of the Republic of Ireland and you hereby submit to the exclusive jurisdiction of the courts in the Republic of Ireland in the English Language. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.

    2. If any provision or part-provision of this Privacy Policy is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Privacy Policy.

18. CONTACT INFORMATION

    1. Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to notices@inhancetechnology.com

END USER LICENSE AGREEMENT

1. AGREEMENT HIGHLIGHTS

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THE APPLICATION:



1. This end user licence agreement (the "Agreement") is a legal agreement between you ("you") and Yougetitback Limited (trading as Inhance Technology) whose registered address is Evergreen House, Congress Road, Cork, Ireland (referred to herein as "Licensor" or "We" or "Us" or “Our”). Our partners (hereinafter “ Our Partners”) may offer the Application to you free of charge as part of their insurance, warranty, retail or other offering (the “Partner Product”).

2. As used herein the term “you” also applies to any legal entity or individual on whose behalf you are entering into this Agreement.

3. The software application licensed in this Agreement includes all or any of the features of the application, computer software and digital assets, the data supplied with it, the associated media, printed materials, purchase information and online OR electronic documentation and/or any of the related services (the "Application").

4. The download and purchase of the Application is not covered by this Agreement, but is subject to any rules or policies (the “ Appstore Rules”) applied by any appstore provider or operator from whose site (the “Appstore”) you downloaded the Application including those set out in the Addendum to this Agreement (if applicable). This is a licensing agreement and not a purchase contract.

5. COMPATIBILITY AND THIS AGREEMENT: THE APPLICATION MUST BE OPERATED ON A COMPATIBLE MOBILE, TELEPHONE OR HANDHELD DEVICE WITH THE APPROPRIATE SPECIFICATIONS (THE " DEVICE"). YOU SHOULD CHECK THAT YOUR DEVICE IS COMPATIBLE WITH THE FEATURES OF THE APPLICATION BEFORE YOU DOWNLOAD THE APPLICATION BECAUSE THE APPLICATION WILL NOT WORK ON ALL DEVICES. BY CLICKING ON THE "I AGREE" BUTTON YOU AGREE TO THE TERMS OF THIS AGREEMENT.

6. LICENSING OF THE APPLICATION IS EFFECTED DIRECTLY FROM US UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT AND NOT FROM OUR PARTNER.

7. ELIGIBILITY: THIS APPLICATION IS ONLY AVAILABLE FOR USE BY USERS WHO ARE OVER THE AGE OF 18.

8. LOCATION TECHNOLOGY: THE APPLICATION HAS A FEATURE WHICH PROVIDES HELP TO LOCATE A DEVICE THAT IS LOST OR STOLEN AND ALLOWS FOR THE MONITORING AND TRACKING OF THE HOLDER OF A DEVICE. WE USE LOCATION TECHNOLOGY SUCH AS gps, WI-FI, CELL ID OR IP ADDRESS TO PROVIDE SOME OF THE FEATURES OF THE APPLICATION. IN ORDER TO ENABLE US, WE NEED YOUR CONSENT, WHICH NEEDS TO BE GIVEN BY A SEPARATE ACTION AND WHICH IS NOT COVERED BY THIS AGREEMENT IF WE DO NOT HAVE YOUR CONSENT WE WILL NOT BE ABLE TO PROVIDE SOME OF THE FEATURES OF THE APPLICATION THAT REQUIRE THE USE OF LOCATION TECHNOLOGY. YOU CAN CHANGE YOUR PREFERENCES VIA YOUR PERSONAL ONLINE ACCOUNT CREATED BY YOU AT THE TIME OF REGISTRATION FOR THE APPLICATION (YOUR “ ONLINE ACCOUNT”).

9. WHEN THE APPLICATION IS INSTALLED ON A DEVICE WE MAY SEND A NOTIFICATION TO THE DEVICE WARNING THAT THE DEVICE MAY BE LOCATED BY YOU. AFTER THIS INITIAL WARNING WE MAY SEND NOTICES TO THE DEVICE FOR THE PURPOSE OF INFORMING THE END USER OR THE ADDITIONAL USER THAT THE LOCATION OF THE DEVICE IS BEING TRACED BY THE APPLICATION.

10. THE APPLICATION IS PROVIDED AS AN AID AND IS NOT AND SHOULD NOT BE CONSIDERED AS A REPLACEMENT FOR THE PROPER SUPERVISION OR MONITORING OF CHILDREN, VULNERABLE ADULTS OR EMPLOYEES. AS PROVIDED IN THIS AGREEMENT THE APPLICATION IS PROVIDED AS AGREED AND SUBJECT TO THE LIMITATIONS OF THIS AGREEMENT. THERE IS NO GUARANTEE THAT LOST CHILDREN OR VULNERABLE ADULTS WILL BE FOUND OR THAT THE ADDITIONAL USER IS IN POSESSION OF THE RELEVANT DEVICE.

11. ADDITIONAL USERS AND CONSENT : IF A DEVICE IS ADDED TO YOUR ONLINE ACCOUNT, AND THE DEVICE IS NOT OWNED BY YOU, YOU MUST HAVE OBTAINED THE EXPRESS PERMISSION OF THE USER OF THE DEVICE (“ADDITIONAL USER”) AND EXPLAINED THIS AGREEMENT AND ALL THE FEATURES OF THE APPLICATION TO THE ADDITIONAL USER AND INFORMED THE ADDITIONAL USER IF YOU ARE MONITORING THE LOCATION OF THEIR DEVICE. YOU ARE RESPONSIBILE FOR THEIR USE OF THE APPLICATION AND YOU ARE LIABLE IN THE EVENT THAT THEY BREACH THIS AGREEMENT. IF THE ADDITIONAL USER INSTALLS THE APPLICATION AND ACCEPTS THIS AGREEMENT USING YOUR ONLINE ACCOUNT INFORMATION THEN THEY BECOME AN END USER FOR THE PUROSES OF OUR RELATIONSHIP WITH THEM AND THEY ARE AN ADDITIONAL USER FOR THE PURPOSES OF OUR RELATIONSHIP WITH YOU.

12. CONTENT TRANSFER: WHEN ACTIVATED The CONTENT transfer feature of thE application allows you to transfer certain content FROM ONE DEVICE TO ANOTHER DEVICE. you should only use this feature if you have all the necessary permissions to transfer THE RELEVANT CONTENT BETWEEN THE DEVICES.

13. CONTENT BACKUP AND RESTORE: WHEN ACTIVATED THE BACKUP FEATURE allows you to BACK up certain content FROM ONE DEVICE AND RESTORE IT TO ANOTHER DEVICE OR BACK TO THE SAME DEVICE. you should only use this feature if you have all the necessary permissions AND CONSENTS to BACK UP AND RESTORE THE RELEVANT CONTENT.

14. TRADE IN: WHEN ACTIVATED, THE TRADE IN FEATURE ALLOWS CERTAIN INFORMATION TO BE COLLECTED ABOUT YOUR DEVICE WHICH IS THEN USED BY OUR PARTNER TO GENERATE A MONETARY ESTIMATE FOR THE VALUE OF THE DEVICE FROM WHICH THE REQUEST IS MADE (THE “DEVICE VALUATION”). IF YOU ARE NOT THE OWNER OF THE DEVICE YOU SHOULD ONLY USE THIS FEATURE AND ACCEPT THE DEVICE VALUATION AS PAYMENT FOR THE DEVICE IF YOU HAVE ALL THE NECESSARY PERMISSIONS AND CONSENT FROM THE OWNER OF THE DEVICE TO TRADE IN THE DEVICE.

15. COMMUNICATIONS WITH YOU AND ADDITIONAL USERS: YOU ACCEPT THAT WE AND OUR PARTNERS, SUBCONTRACTORS OR AGENTS MAY COMMUNICATE WITH YOU IN ORDER TO PROVIDE THE APPLICATION AND RELATED SERVICES TO YOU. ALL SUCH COMMUNICATIONS WILL BE UNDERTAKEN IN LINE WITH OUR PRIVACY POLICY USING THE COMMUNICATION METHODS DESCRIBED IN THE PRIVACY POLICY.

16. FURTHER TERMS: THE PROVISIONS SET OUT IN THIS CLAUSE 1 ARE NOT EXHAUSTIVE AND THEY DO NOT PROVIDE AND WERE NOT DRAFTED TO REPLACE OR TAKE PRECEDENCE OVER ANY OF THE OTHER TERMS OF THIS AGREEMENT.for additional details, please see the remainder of the terms below. THERE ARE A NUMBER OF FACTORS SUCH AS ENVIRONMENTAL CONDITIONS, POOR SIGNAL AND BATTERY LIFE WHICH MAY IMPAIR THE FEATURES OF THE APPLICATION OR CAUSE IT NOT TO WORK. WE WILL NOT BE ABLE TO PREVENT THE APPLICATION FROM BEING DELETED ON THE DEVICE BY ANY USER OF THAT DEVICE.

2. GENERAL

1. The terms of this Agreement apply to the Application including any updates or supplements to the Application, unless they come with separate terms, in which case those terms apply.

2. We may change, add to or delete provisions in this Agreement by notifying you of a change when you next start the Application or when you log onto the Online Account or one of the websites from where the Application is made available to you (the “Application Website”). The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Application.

3. From time to time updates to the Application may be issued through the Appstore.

3. LICENCE TERM

1. The "Licence Term" shall begin on the date of your initial installation of the Application, and shall last for the period of time set forth in the applicable transaction documentation for the Partner Product from Our Partner. Subject to the terms of this Agreement, in the event that no such Licence Term is specified the Licence Term shall be a default term of one (1) year from the date of your initial installation, except in the case of:

   1. free of charge or trial versions of the Application where the Licence Term shall be for as long as the Licensor makes the Application available to you; and

   2. monthly licences, where the Licence Term shall automatically roll over for each month that the relevant monthly licence fee is paid by you;

   3. any early termination of this Agreement in accordance with the terms of this Agreement; and

   4. situations where the Licence Term is determined by Our Partner and the agreement between you and Our Partner is terminated before the end of the Licence Term.

2. The Application may automatically deactivate and become non-operational at the end of the Licence Term.

4. USER CONTENT

1. When used in this Agreement the term “User Content” shall mean:

   1. contacts in the Device address book;

   2. images and video (and the corresponding audio track) on the Device camera; and

   3. SMS messages on Android Devices.

2. User Content shall not include:

   1. calls or messages sent or received using Over the Top apps such as Skype, Viber, Whatsapp, Facebook messenger; or

   2. audio files, e.g. iTunes files.

5. GRANT AND SCOPE OF LICENCE

1. The Application is licensed for the Licence Term only, not sold. In consideration of you agreeing to the terms of this Agreement, the Licensor hereby grants to you a revocable, non-exclusive, non-transferable licence to use the Application during the Licence Term subject to this Agreement. We reserve all other rights.

2. You may receive and use any free supplementary software updates for the Application incorporating "patches" and corrections of errors as may be provided by the Licensor from time to time.

3. You or the Additional User may download, install and use the Application for your private or internal business purposes on any Device where you have the appropriate authorisation from the owner of the Device or you are the owner of the Device.

4. Your rights to use the Application should be specified in your commercial agreement with Our Partner. If nothing is specified in the commercial documents then a single-user licence will apply. Some of the user license types available during the Licence Term are specified below:

   1. Single User Licence: the Application may be transferred from one Device to another provided that licence is used on only one Device at any one time; or

   2. Enterprise Licence: the Application may be licensed to an agreed number of enterprise users; or

   3. Multiple Download Licence: the Application is licensed to one user but that user may download it on any number of Devices an agreed number of times.

6. ELIGIBILITY

1. You may not download or use the Application on a Device of any Additional User:

   1. who is over 18 unless you have their valid express consent; or

   2. who is under 18 unless you are their parent or guardian or act with the parents’ or the guardian’s express consent.

2. You agree to notify Us immediately of any unauthorised use of your account information or any other breach of security.

3. The Application may be used for private business use. In the event that you are an employer or are acting on behalf of an employer and you install the Application on a Device provided to or owned by employees you undertake to ensure that:

   1. you are acting in compliance with all laws including data protection laws; and

   2. you have obtained all the necessary consents and approvals from such employees that are required to effect such installation and to receive support on behalf of the employees.

7. YOUR UNDERTAKINGS

1. Except as expressly set out in this Agreement, you undertake:

   1. not to copy the Application, unless the making of a back-up copy is necessary to ensure the future use of the Application during the License Term;

   2. not to rent, lease, sub-license or loan the Application;

   3. not to impersonate any person or use the Application for the purposes of stalking or harassment including allowing any third party use the Application for such purposes;

   4. not to merge, adapt, vary, modify or make alterations to, or modifications of, the whole or any part of the Application, unless this is necessary to correct any errors or faults of the Application;

   5. not to permit the Application or any part of it to be combined with, or become incorporated in, any other programs;

   6. not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Application nor attempt to do any such things, unless:

1. a reproduction of the code and translation of its form are indispensable to obtain the information necessary to achieve the interoperability with other programs; or

2. this is required in accordance with clause 7.1.4;

1. not to use the Application for any unlawful or illegal purpose. For example in some jurisdictions it is an offense to install monitoring software onto a Device. You agree that you will check the relevant law in your jurisdiction. If you use the Application for any unlawful or illegal purpose, We will fully cooperate with any relevant law officials which may include turning over data relating to you;

2. not to use the Application for any purpose other than its intended purpose;

3. to keep all copies of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Application;

4. to supervise and control use of the Application (where relevant) and ensure that the Application is used by the Additional Users including your employees and representatives in accordance with the terms of this Agreement;

5. to make sure that you are legally entitled to install the Application on the Device;

6. to replace the current version of the Application with any updated or upgraded version or new release provided by the Licensor under the terms of this Agreement that has the purpose to:

1. correct errors, faults, close security vulnerabilities;

2. to enhance the usability of the Application; or

3. change the features of the Application;

1. not to personally apprehend or approach a suspected Device thief, using information obtained from the Application, without the support of the relevant law enforcement office, e.g. the police.

2. that you have all necessary rights and authority to use all the features of the Application for each Device including viewing calls and messages to that Device; and

3. not to provide, or otherwise make publicly available, the Application in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code).

8. REGISTRATION & SUPPORT

1. The Licensor’s online registration portal provides a number of benefits including access to your Online Account where you will be able to update your details and benefit from the support services. To access the Online Account, you must log into the Application Website and follow the relevant instructions.

2. In order to access your Online Account and to complete the registration and or activation process you must choose a username and or password or use the password allocated to you (the "Account ID"). The Licensor or Our Partner may restrict the Account ID you can choose. You may be asked to provide information including (but not limited to) your name, email address, phone number and postal address and other information required to provide you with the Application. You are fully responsible for all actions taken using your Account ID facilitated by your negligent behaviour. You agree only to use your own Account ID to access the Online Account.

3. You are responsible for keeping your information (including your Account ID) secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account, if this was not caused or facilitated by negligence on Our part. You are responsible for all actions taken on the Device and in the Online Account using the Account ID.

4. You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness.

5. You must complete all details requested and provide correct information upon activation or registration otherwise We cannot guarantee that We will have sufficient information to provide the features of the Application to you.

9. USE CHARGES

1. Your use of the Application may result in certain usage charges on each Device on which it is used, such as for SMS messages sent to or received from a Device or use of mobile data (the "Charges"). We are not responsible for such Charges.

2. Depending on your mobile network plan, you may incur Charges when you do the following actions, including but not limited to:

   1. installing the Application on a Device;

   2. if you change the SIM of the Device on which the Application is installed;

   3. if you lock your Device using the text lock function; or

   4. if any features such as lock / unlock / locate is launched from the Online Account and the Device is not connected to the internet, the Device may confirm the performance of such an action by means of an SMS, push or other acknowledgment sent from your Device to Our servers.

3. These Charges may, among others, be imposed by your mobile network operator or your internet service provider. You are advised to consult your mobile network plan, mobile data plan or internet data plan to identify the Charges which may be incurred prior to the installation and operation of the Application.

10. SUPPORT SERVICES

1. If you are able to answer the relevant security questions, We will endeavour to answer by telephone or by email any queries which you may have regarding the use or operation of the Application during the License Term.

2. If you contact Us to receive support services and you are not the owner of the Device, but have accepted this Agreement, then you warrant that you have the necessary authorisation and consent from the owner of the Device to receive such support.

3. It may not be possible to provide the support services and you may not be able to receive the full benefit of the Application if for example:

   1. you do not have the appropriate cellular or internet connection;

   2. you are not the authorised licensee of the Application or you are unable to answer the relevant security questions;

   3. the Device is not receiving the GPS signal due to atmospheric factors or other sources of error;

   4. your Device is not charged or powered "on"; or

   5. you cancel or do not pay your subscription with your network provider (in the case that you are using the Application on a mobile phone as the Application is linked to your mobile phone number).

11. INTELLECTUAL PROPERTY RIGHTS

1. All intellectual property rights in the Application throughout the world are owned or licensed by the Licensor, the rights in the Application are licensed (not sold) to you, and you have no rights in, or to, the Application other than the right to use it in accordance with the terms of this Agreement.

2. You have no right to have access to the Application in source code form or in unlocked coding from Us.

12. LOCATION BASED SERVICES

1. We follow the CTIA Best Practices and Guidelines generally which are intended to promote and protect user privacy as new location-based services are developed and deployed.

2. Many of the features of the Application described in this Agreement use GSM base stations or Global Positioning Satellite (GPS), Cell ID, IP Address and/or Wi-Fi to collect location data from the Device (the “Location Services”). The Application uses the Location Services to:

   1. attempt to find a Device in the event that it is lost or stolen;

   2. track a Device over a specified period of time;

   3. locate a Device with the purpose of trying to monitor or locate the holder of the Device, for example children, vulnerable adults or employees; and

   4. notify you of the nearest store of Our Partner based on the location of the Device at a specific point in time.

3. We will only be able to provide the Location Services if We are able to transmit, collect, maintain, process and use, among other things, the precise coordinate data and real time geographic location of the Device over a period of time (i.e. tracking) or at a given point in time (the “ Location Data”) and share such Location Data with Our Partners who are the data controllers of such Location Data. In order to be able to do so, We need your consent. The consent and the information relevant to how We process Location Data and other data are not subject to this Agreement, but are solely given by your separate agreement. Please refer to Our Privacy Policy.

4. The Location Data is transmitted via secure socket layer technology into password protected databases. The Location Data may be retained during the Licence Term and for a reasonable period following termination in order to cover Our residual obligations relating to the Application and is accessible in accordance with the terms of the Privacy Policy.

5. You may withdraw or approve the use of location on a Device at any time by turning “ON”/“OFF” the relevant setting on your Online Account. In order to do this you should go into your Online Account and select the relevant Device. Go into the “Permissions and Privacy heading” and turn “ON/OFF” location as required.

6. If you make an insurance claim relating to a lost or stolen Device you understand that, if you have, separately to this Agreement, consented to the collection of Location Data from the point at which the claim is made, Location Data collected from the Device may be used to try to identify where the Device is located. If you do not provide your consent you agree that We shall have the right to inform Our Partner investigating your claim of this fact. We shall not be responsible or liable for any decisions taken by Our Partner or the relevant data controller as a result of the Location Data that We provide to them.

7. Provided that you, separately to this Agreement, have given your consent to the use of Location Services, We will try to locate the SIM (Subscriber Identity Module) for the Device. This may result in Us locating a different Device from the insured Device if the SIM is transferred to another Device.

8. It is your responsibility to remove the Application from any Device which is no longer operating under your Account ID and delete all information relating to that Device from your Online Account.

9. When you initialise the Location Services, We may send notifications intermittently to the Device to advise that Location Services are turned on.

10. The use of the Location Service is not suitable for emergency situations and should not be relied upon during such times. We shall not be liable for any reliance placed by you on the Location Service being available for any situation including the case of an emergency.

11. The accuracy of the Location Service is subject to network capabilities, environmental conditions, and whether or not the Device is functioning properly, powered on and within coverage and therefore We are not able to guarantee that the results you may obtain will be accurate, timely or reliable.

12. In the event that the Device is in the unauthorised possession of a third party, or you believe the Device has been stolen, you should inform a member of the local law enforcement for the matter to be investigated in the proper manner and in accordance with local laws.

13. The following is important information relevant to the Location Services:

    1. the Location Services, when activated on a particular Device, may return information on the location of a Device and not on the location of any individual, who may or may not be in possession of the Device;

    2. We may not be able to provide the Location Services in relation to a particular Device in certain circumstances, including but not limited to where the Device is powered off, out of battery or out of GPS / cell tower range;

    3. the Location Services are intended to be used for informational purposes only and are not intended to be, and should not be relied on as, a substitute for the legal and appropriate monitoring or supervision of an individual who may or may not be in possession of the monitored Device;

    4. you shall provide information to each Additional User about the Application including how and why it operates and how you plan to use the Location Services;

    5. you must take sufficient steps to obtain the necessary consent from the Additional Users and provide Us with proof of such consent upon request;

    6. if you are an employer, or acting on behalf of an employer you agree to only use the Application where it is demonstrably necessary to achieve a legitimate purpose and if you have obtained consents to the extent necessary and required by law;

    7. the accuracy of the Location Services can vary depending on the user’s situation, i.e. city versus country location, or depending on the type of Location Service used, e.g. cell-based versus GPS;

    8. you shall be responsible for managing the processing, use and security of the Location Data received through your use of the Location Service. You must use the Location Service and associated Location Data within the law taking into account that the collection and use of personal data using Location Data is subject to relevant privacy and data protection legislation and any other relevant codes of practice guidance as issued from time to time by the relevant authorities;

    9. where We have reasonable grounds for suspecting misuse of the Location Service or failure by you to either follow instructions or adhere to this Agreement We may suspend or withdraw the Location Service including your use of the Application. In such case, We will inform you about this measure and give you the opportunity to respond to such allegation or to stop any misuse. Our right to terminate this Agreement without notice according to clause 16 remains unaffected.; and

    10. We may not be able to prevent the user of the Device from removing the Application or turning off the Location Services on the Device.

14. We are wholly reliant on the mobile operators and other third parties for the provision of both cell-based and GPS-based Location Data and We reserve the right to terminate provision of the Location Services without notice in case such third parties do not provide the required Location Data.

15. In the event that you are aware of a situation where the Location Services are being used illegally or are being abused you can report this to Us by writing to notices@inhancetechnology.com. We will take all allegations of abuse seriously and investigate any reports made.

13. APPLICATION FEATURES

This clause includes a description of some, but not all of, the features of the Application.

1. Backup and Restore

   1. The Application may include functionality to allow you back-up the User Content (the “Back-Up Services”) stored on the Device. While We provide functionality that allows your Device to use such Back-up Services, We do not ourselves provide the Back-Up storage space. Such Back-Up storage will be provided by third-party service providers, selected by Our Partners, and you may be asked to enter into a separate agreement with such providers, in particular in the case of Google Drive.

   2. In the case of Google Drive:

   1. you will be required to use your own Google account credentials in order to complete this back-up. If you do not have a Google account, you may be prompted by Google to create one before you can access Google Drive;

   2. We have no access to the User Content or other data contained in your Google Drive, We can only identify how many files have been backed up; and

   3. the use of Google Drive to back up the User Content is subject to the agreement you entered into with Google when you created your Google account.

   3. In the case of Amazon Web Services:

   1. you will be able to back up the relevant User Content by activating the Back-Up Services feature on the relevant Device and instigating a back-up;

   2. your use of the Amazon Web Service is subject to the Amazon acceptable use policy available at: http://aws.amazon.com/aup; and

   3. your personal data will be managed and stored by Amazon in accordance with the Amazon privacy policy available at: http://aws.amazon.com/privacy.

   4. you or the Authorised User own all right, title, and interest in and to the User Content;

   5. you must have all rights in and permissions to the User Content necessary to grant the rights contemplated by this Agreement; and

   6. none of the User Content, or use of the User Content, will violate the Amazon Acceptable Use Policy.

   4. You are the best judge of the value and importance of the data, including the User Content held on your Device and for the purposes of the Back-Up Services, in the case where you are eligible to access the Back Up Services:

   1. use of the Back-Up Service is at your sole risk and responsibility;

   2. you are solely responsible for instituting and operating all necessary back-up procedures, to ensure that data integrity can be maintained in the event of loss of data, including the User Content, for any reason;

   3. you are solely responsible for taking out any insurance policy or other financial cover for loss or damage which may arise from loss of data for any reason;

   4. the Google Back-Up storage is provided by Google and We have no control over and We shall not be liable for the actions or inactions of Google;

   5. the storage capacity provided as part of the Back-Up Service may be specified in the commercial documentation provided to you when you purchase the Partner Product. You may be provided with an option to increase your available storage limit in certain circumstances. Additional fees may apply for such increases;

   6. data comprising of contacts, images and video stored on a Device using over-the-top apps such as Skype, Viber, WhatsApp, and Facebook messenger will not be backed up as part of the Back-Up Services. Only the User Content specified at clause 4 is capable of being backed up;

   7. some duplication of User Content may result from any restoration as part of the Back-Up Services;

   8. it is your responsibility to know and understand what information is stored on the source Device and to know, understand and verify what information was successfully backed-up to the relevant Back-Up Service;

   9. We are not responsible for the loss of User Content that was not successfully transferred to the relevant Back-Up Service;

   10. It is your responsibility to monitor your available storage with the relevant Back-Up Service and to ensure there is enough storage available to complete a successful back-up. A back-up from the Device will not be successful if there is insufficient storage space available;

   11. you will only be able to see a summary of the number of files that are backed up using the Amazon Back-Up Services on your Device or through your Online Account. You will not be able to see the details of those files; If you want to verify the files that have been backed up We recommend that you restore the relevant files and compare them against those on the Device.

   12. In situations where the Back-Up Services are used to back up information on other Devices which may or may not be owned by other users, any user with the Account ID will be able to access and restore the User Content to another specified Device.

   13. You agree that:

       1. if you provide the Account ID to another individual or Additional User then that individual or Additional User will be able to see the User Content stored on any of your Devices by restoring the User Content to their specified Device; and

       2. by using the Account ID and initiating a restore of the back-up you will be able to see the User Content of all Devices using the Account ID. We are not responsible if you do not have all necessary permissions and authority to view all the User Content stored on Devices using the Account ID.

   1. In the event of termination of this Agreement your right to access the Back-Up Services may also terminate. You are responsible for restoring the User Content before your license is terminated.

2. Unsafe Software and Networks

   1. The Application may include a feature which removes malicious software from your Device and identifies unsecured networks. The Application will search your Device for possible threats, including unsecured wireless networks and other potentially damaging software (" Possible Threats"). The Application will only remove or disable the Possible Threats if you agree. Licensor shall not be responsible for the removal of software from your Device that is not a Possible Threat or for failing to remove any software that would be considered a Possible Threat and may be potentially damaging to your Device.

   2. As part of using the Application to identify Possible Threats on your Device We may collect information about your Device and information stored on your Device, suspicious files from the Device on which the Application is installed and files affected by the Possible Threats and any information about such files. The Licensor shall use this information only to review the Possible Threats and make you aware of the Possible Threats.

3. Safe zones

   1. The Application may include a control service allowing the user to allocate a distance radius around a certain area on a map (a “ Safezone”). An example of a Safezone would be a school or home or place of work and is the area where the holder of the Device should be during specified hours. If you are eligible to access the Safezone feature, you may log into your Online Account and set a Safezone for the Device. Several Safezones may be set up on the Device for various times of the day or night, provided that Safezones cannot overlap time-wise. You set the radius, active times and days for each Safezone. On a Wi-Fi-only iPad Safezones will function only if the Device has a Wi-Fi access point.

   2. You may receive a notification to your registered email address when the Device enters or leaves an active Safezone. You may also receive a notification if the Device does not enter an active Safezone within the relevant time of the Safezone becoming active.

   3. As part of Safezone, the following additional features for certain android Devices (the “Android Features”), may be available through your Online Account:

   1. block incoming calls from a particular number;

   2. block outgoing calls to a particular number;

   3. block incoming SMS messages from a particular number;

   4. monitor the numbers which have called the Device (“Call Log”); and

   5. view the content of SMS messages which have been sent to the Device (“SMS Log”).

   1. We may periodically delete Call Logs and SMS Logs. Therefore you should regularly back up any call or SMS message content that you wish to retain.

   2. Other third party applications which you have installed on your android Device may affect the functionality of the Android Features listed above. For example certain third party messaging applications may capture all calls and messages to the Device and thereby prevent the Application from showing such calls and messages.

4. Tracking

   1. If you are eligible for the tracking feature of the Application you will be able to monitor the location of a Device at a set interval and displays two days of Location Data for the monitored Device on a map displayed through the Online Account.

   2. If the Device does not have appropriate internet connection the tracking features will capture GPS coordinates when the Device has no internet connection and display this Location Data on the Online Account when the Device has appropriate internet connection.

   3. You must log into your Online Account in order to activate the tracking feature.

5. User Content Transfer

   1. You may be eligible to use the content transfer feature of the Application (the “Content Transfer Feature”) which is intended for the one time transfer of the User Content from an original source Device to a separate destination Device. The Content Transfer Feature must be used on a compatible Device the specifications for which may be listed on the Application Website from time to time. We cannot guarantee that the Content Transfer Feature will work on all Devices even if listed on the Application Website.

   2. The Content Transfer Feature will transfer User Content depending on the storage capacity of your new Device. You may choose the User Content that you transfer based on the relevant categories, contacts, videos and images or SMS on Android but not the individual files within those categories.

   3. In order for the Content Transfer Feature to work the Device from which the User Content is being transferred must have screen with no cracks or blemishes. The Device to which the User Content is being transferred must have a functioning camera.

   4. The Content Transfer Feature will not transfer identical files that are already stored on the new Device.

   5. It is your responsibility to know and understand what User Content is stored on the source Device and to know, understand and verify what User Content was successfully transferred to the destination Device. We are not responsible for User Content including data, software, information, files, or other media that is not successfully transferred to the destination Device.

   6. Certain anonymous information will be collected by Us when you use the Content Transfer Feature. This anonymous information may include but is not limited to: (i) the operating systems of the Devices on which the Application is used e.g. Android to iPhone or iPhone to Android; (ii) the geographic location of the Devices using the Application e.g. store location or non-store location; (iii) the number of images transferred (not the content); (iv) the number of contacts transferred (not the content); and (v) the number of videos transferred (not the content).

   7. You agree that prior to installing or using the Content Transfer Feature, it is your responsibility to back-up the data, software, information or other files stored on the Device and We recommend that you do so. You agree that neither We nor Our Partner shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, or other media, unless We are liable in accordance with clause 15.

6. Data Wipe

   1. If you are eligible to access the data wipe feature you will be able to delete certain information contained on the Device (" Data Wipe"). The content that is capable of being deleted by this feature includes all: (i) contacts in the Device address book; (ii) SMS messages on an Android Device only; (iii) information on the Device calendar; (iv) call history on the Device; and (v) emails on the Device email accounts, together (the “Data Wipe Content”).

   2. You agree that:

      1. if you provide the Account ID to another individual or Additional User then that individual or Additional User will be able to activate Data Wipe for each of the Devices listed on your Online Account; and

      2. by using the Account ID and initiating a Data Wipe you will have the capability to wipe all Devices using the Account ID. You may also select particular Devices for Data Wipe. We are not responsible if you do not have all necessary permissions and authority to initiate a Data Wipe on all Devices using the Account ID.

   3. Once launched, Data Wipe may commence at any time. You agree that your use of Data Wipe is intended to result in the permanent destruction of all the Data Wipe Content residing on your Device and that the Data Wipe Content may not be capable of retrieval and may result in your Device becoming non-functional as a result of not having the relevant Data Wipe Content on the Device.

   4. In order to activate Data Wipe you must complete the authorisation process through your Online Account or through the call centre and you must confirm that We are permitted to perform Data Wipe and that you are aware of the consequences of initialising Data Wipe.

   5. The process is self-initiated and you are solely and singularly responsible for authorising Us to perform Data Wipe on any Device.

   6. In order to initialise Data Wipe you will be asked to provide Us with certain account specific information which should be known only to you. It is your responsibility to ensure the safe keeping of this information and the prevention of dissemination of this information to any third party. We shall have no liability in respect of any Data Wipe initiated by an unauthorised third party, in the event of their obtaining the information due to your negligence or otherwise without negligence or intentional misuse on Our part.

   7. The success of any Data Wipe may be dependent on the Device being in contact with the Online Account through an appropriate network connection.

   8. We do not guarantee that any Data Wipe will be successful.

7. Anti-Theft

   1. On supported Devices, the Application includes a number of features to deter a thief in the event that a Device is missing and to aid in the return of a missing Device, these include, but are not limited to:

      1. the Device can be locked by sending an instruction to the Device through the Online Account or through any other device that is capable of sending SMS messages (using the Device PIN);

      2. when the Device is locked the siren/alarm will sound and the Device will automatically take a picture designed to capture the holder of the Device. This picture will then be displayed on the Online Account associated with the Device. We shall not be responsible for any actions undertaken by you as a result of this information. You acknowledge that any picture taken is for the purposes of deterring thieves from stealing a Device. It is for law enforcement to follow up with any information provided. Any picture taken does not and should not be taken as absolute proof that the individual who’s picture has been taken stole the Device; and

      3. in the case of loss the Application will present a unique dialogue on the Device providing simple instructions for finders or Good Samaritans to return the Device.

8. Trade In

   1. The Trade In feature of the Application is intended to provide information about a Device to Our Partner to allow Our Partner generate the Device Valuation. The Device Valuation is the monetary value that Our Partner has attributed to the Device, which may be higher or lower than the market value. The transaction for the purchase of the Device is a separate transaction under a separate contract between you and Our Partner. Neither you nor Our Partner is obliged to proceed with any sales transaction for the Device following the generation of the Device Valuation.

   2. The Device Valuation is subject to:

      1. certain questions generated in the Application and manually answered by you, or a staff member of Our Partner, in the Application (questions include, but are not limited to, the colour of the Device, whether the screen is cracked, whether the buttons are present and fully functional and whether the password has been removed). The questions asked will vary depending on the Device platform (iOS or Android). The answers given in the Application are collected by Us and shared with Our Partner;

      2. Device information collected by the Application in the background, which We share with Our Partner (including, but not limited to, IMEI, Manufacturer, Model, Network Operator, Platform, Storage and Time zone);

      3. any sales transaction occurring in real time following the production of the Device Valuation. A new Device Valuation may be required if the Device is returned to you for any period of time; and

      4. information which Our Partner gathers manually from the Device (including, but not limited to, the Device Region and whether “Find my iPhone” is enabled / disabled on iOS Devices and whether the password has been removed on certain Android Devices. It may not be possible to proceed with any sales transaction for the Device if, for example, “Find my iPhone” cannot be disabled by you or if the password cannot be turned off by you.

   3. It is your responsibility to determine if the Device Valuation is appropriate for the relevant Device and whether to proceed with the sale of the Device in agreement with Our Partner.

   4. We help to inform Our Partner about certain features of the Device. With this information Our Partner decides the criteria and process for determining the Device Valuation. We have no input into the final determination of the Device Valuation or whether Our Partner proceeds with any sales transaction relevant to the Device. All queries relevant to the Device Valuation and any resulting sales transaction should be directed to Our Partner.

   5. It is Our Partner, or your, responsibility (as relevant) to input the correct information into the Application when manually answering the questions generated by the Application.

   6. It is your responsibility to back up or delete any information on the Device before proceeding with any sales transaction relevant to a Device.

9. Message Center

   1. The Application may include a feature which allows information and marketing messages (the “Message”) to be displayed in the Message Center inbox in the Application.

   2. On some Devices a notification may appear in the notifications tool bar on the Device informing you that you have an unread Message in your Message Center Inbox. You are under no obligation to read, respond to or acknowledge any Message.

14. ACCEPTABLE USE AND COMPATIBILITY

1. The Application has not been developed to meet your individual requirements and it is therefore your responsibility to ensure that the facilities and features of the Application meet your requirements.

2. The Application may not be free of bugs or errors.

3. In order for the Application to operate fully, the Device on which it is used may need to be connected to certain wireless and/or communication based technologies. There may be delays, limitations and other problems inherent in the use of the internet and electronic communication. Licensor is not responsible for any delays, failures or other damage resulting from such problems.

4. The battery life of your Device may diminish more quickly when using the Application.

5. Use of the Application may result in loss of the information stored on your Device including the User Content and the Data Wipe Content.

6. Internet transmissions are never completely private or secure. Any message or information you send using the Application may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

7. We may not be able to provide certain features of the Application in relation to a particular Device in certain circumstances, including but not limited to where the Device is powered off, out of battery or out of GPS / cell tower range.

8. You agree to:

   1. only operate the Application in a safe and secure environment;

   2. not access the Application when operating a vehicle;

   3. observe traffic laws at all times; and

   4. not use the Application when operating heavy machinery or engage in any activity that poses a risk to the health and safety of you or others when operating the Application.

9. By using the Application, you consent to Us collecting and using anonymised information about the Device and related software, hardware and peripherals for services that are internet-based or wireless to improve Our products and to provide the Application to you.

15. LICENSOR'S LIABILITY

1. In the event that you are entering into this Agreement and using the Application for private business, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

2. Our maximum aggregate liability under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to one hundred euro (€100) for each claim. This does not apply to the types of loss set out in clause 15.5.

3. We will only be liable for losses which are a reasonably foreseeable consequence of the breach. “Foreseeable” means that the losses could have been reasonably contemplated by Us and you at the time of entering into this Agreement.

4. Nothing in this Agreement shall limit or exclude our liability for:

   1. death or personal injury resulting from negligence;

   2. fraud or fraudulent misrepresentation; and

   3. any other liability which cannot be excluded or limited under relevant laws.

5. We are not responsible for :

   1. unforeseeable losses, that is losses that could not have been contemplated by Us and you at the time of entering into this Agreement;

   2. losses not caused by Our breach;

   3. the actions or inactions of third parties including Our Partners;

   4. any losses resulting from your failure to update the Application; or

   5. failure to provide the Application or to meet Our obligations under this Agreement where such failure is due to events beyond Our control.

6. Where, pursuant to this clause 15, Our liability is excluded or limited, the latter shall also apply to the personal liability of Our subcontractors, vicarious agents, third party service providers, Our Partners, employees or representatives.

Licensor does not warrant that the Application will be uninterrupted or error free or that the Application will provide complete protection against all possible outcomes and threats.

16. TERMINATION

1. All licenses granted to you or the Additional Users in this Agreement depend on your or their continued compliance with this Agreement. We are entitled to immediately terminate all licenses if you or they do not comply with any term or condition of this Agreement, if due to such breach it cannot reasonably be expected from Us to continue the contractual relationship with you until the agreed end or until the expiry of a notice period.

2. With regard to free or free trial versions of the Application and notwithstanding any other provisions of this Agreement We reserve the right to suspend and/or terminate this Agreement and Your right to access and use the Application at any time, without notice and for any reason. You may terminate this Agreement at any time and for any reason by removing the Application from Your Device. We shall have no further responsibilities to you under this Agreement following its termination.

3. This Agreement shall terminate at the end of the relevant Licence Term as further provided in clause 3.

4. Upon termination for any reason:

   1. all rights granted to you under this Agreement shall cease;

   2. you must cease all activities authorised by this Agreement;

   3. you must immediately pay any sums due under this Agreement; and

   4. you must immediately delete or remove the Application from all Devices where it is installed and all copies of the Application then in your possession, custody or control. In cases of doubt, We have the right to demand from you a respective declaration supplemented by an affidavit.

17. RETURN OF YOUR DEVICE

1. If the finder of a Device reports to Us or Our Partner that the Device is in their possession We or Our Partner will try to mediate the return of your Device should this be required. We will not be liable for any damage caused to the Device. We exclude all liability in respect of lost or stolen Devices and Our only obligation in respect of such Devices will be to try to mediate the return of them to the registered user of the Application.

2. Nothing in this Agreement shall be construed as guaranteeing or warranting that your Device will be returned to you or that your Device will be returned to you in the same condition.

3. We are under no obligation and We may be unable to return your Device to you where the Application has not been activated on the Device. We will, however, use reasonable endeavours to mediate the return of your Device to you if possible, but your failure to activate the Application or keep the details on the Online Account up to date may mean that We do not have the necessary details to mediate the return of the Device to you.

18. THIRD PARTY SOFTWARE

1. Certain portions of software code provided as a part of the Application may be subject to "open source" or "free software" licences (" Third Party Software"). The Third Party Software is not subject to the terms and conditions of this Agreement. Instead, each item of Third Party Software is licensed under the terms and conditions of the licence agreement that accompanies such Third Party Software which may be set out in an appendix to this Agreement. Nothing in this Agreement limits your rights, or grants you rights that supersede the terms and conditions of, any applicable licence for the Third Party Software, including any rights to copy, modify or distribute Third Party Software under the applicable licence.

19. TRANSFER OF RIGHTS AND OBLIGATIONS

1. You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without Our prior written consent.

2. The Licensor is entitled to use subcontractors to fulfil its obligations to you.

3. The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement or any of its obligations arising under it at any time.

20. NOTICES

1. All notices given by you to the Licensor must be given to the email address notices@inhancetechnology.com. The Licensor may give notice to you using either the e-mail or postal address you provided to it or its representative.

2. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

21. EVENTS OUTSIDE THE LICENSOR'S CONTROL

1. The Licensor is released from the duty to perform any of its obligations under this Agreement in case such performance is impossible for the Licensor due to events outside Our reasonable control (Force Majeure Event).

2. The Licensor's performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period.

22. WAIVER

1. If We fail, at any time during the Licence Term, to insist upon strict performance of any of your obligations under this Agreement, or if We fail to exercise any of the rights or remedies to which We are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.

3. No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

23. SEVERABILITY

1. If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid.

24. CONFIDENTIAL INFORMATION

1. The Application includes confidential information of the Licensor and all copyright; trademarks and all other intellectual property rights in and to the Application are and shall remain the sole and exclusive property of the Licensor. Nothing in this Agreement shall confer any rights in any trade name, business name or trade mark of the Licensor on you. The provisions of this clause shall continue to operate after the termination of this Agreement.

25. TERMS OF USE

1. Your use of the Application and the Online Account is subject to the Terms of Use.

26. ENTIRE AGREEMENT

1. This Agreement and any document expressly referred to in it constitute the whole agreement between Us and supersede any previous arrangement, understanding or agreement between Us, relating to the licensing of the Application.

2. In entering into this Agreement (and the documents referred to in it), neither of Us relies on any statement, representation, assurance or warranty of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement or those documents.

3. Nothing in this clause shall limit or exclude any liability for fraud.

27. LAW AND JURISDICTION

1. This Agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland and submitted to the exclusive jurisdiction of the courts in the Republic of Ireland.

2. In the event of a conflict between different translations of this Agreement the original English version will prevail.

ADDENDUM FOR APPLE STORE LICENSES

Notwithstanding anything to the contrary set forth in the Agreement, if you obtained a licence to the Application through the use of Apple’s App Store (but only if you obtained your licence to the Application through Apple’s App Store), the following additional terms and condition shall apply:

1. you acknowledge that the Agreement and this Addendum to the same is between Licensor and you only, and that Apple, Inc. (“Apple”) is not a party to this Agreement. You acknowledge that We are solely responsible for the Application.

2. subject to your compliance with the terms and conditions of the Agreement set forth above and this Addendum to the same, We grant you a non-exclusive, non-transferable licence to install and execute the Application solely for your use on any Apple product(s) that you own or control and as permitted by the Apple Usage Rules set forth in the terms and conditions applicable to the Apple Store.

3. you acknowledge that Apple will not have any obligation whatsoever to provide any maintenance or support with respect to the Application.

4. you agree that We shall be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in the Agreement and this Addendum to the same. In the event of any failure of the Application to conform to any applicable warranty, you have the right to notify Apple and Apple shall refund the licence fee to the Application to you (if any). You acknowledge that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application and all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of the Licensor, to the extent applicable.

5. both parties agree that it is the Licensor, and not Apple, that is solely responsible for addressing any claims made by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

6. both parties acknowledge that in the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

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

8. both parties acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of the Agreement and this Addendum to the same, and that, upon your acceptance of the terms and conditions of the Agreement and this Addendum to the same, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement and this Addendum to the same against you as a third party beneficiary thereof.

9. you acknowledge and agree that if any of the terms and conditions of the Agreement and this Addendum to the same are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, the terms and conditions of Apple’s instructions for Minimum Terms of Developer’s End User License Agreement shall apply.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU DO NOT HAVE A RIGHT TO DOWNLOAD, INSTALL OR USE THE APPLICATION.