Privacy Policy

Definitions and key terms

To help explain things as clearly as possible in this Privacy Policy, every time any of these terms are
referenced, are strictly defined as:

 

● Cookie: small amount of data generated by a website and saved by your web browser. It is used to
identify your browser, provide analytics, remember information about you such as your language
preference or login information.
● Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to BI-THE-WAY, that is
responsible for your information under this Privacy Policy.
● Country: where BI-THE-WAY or the owners/founders of BI-THE-WAY are based, in this case is
Australia
● Customer: refers to the company, organization or person that signs up to use the BI-THE-WAY Service
to manage the relationships with your consumers or service users.
● Device: any internet connected device such as a phone, tablet, computer or any other device that can
be used to visit BI-THE-WAY and use the services.
● IP address: Every device connected to the Internet is assigned a number known as an Internet protocol
(IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be
used to identify the location from which a device is connecting to the Internet.
● Personnel: refers to those individuals who are employed by BI-THE-WAY or are under contract to
perform a service on behalf of one of the parties.
● Personal Data: any information that directly, indirectly, or in connection with other information —
including a personal identification number — allows for the identification or identifiability of a natural
person.
● Service: refers to the service provided by BI-THE-WAY as described in the relative terms (if available)
and on this platform.
● Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and
others who provide our content or whose products or services we think may interest you.
● App/Application: BI-THE-WAY app, refers to the SOFTWARE PRODUCT identified above.
● You: a person or entity that is registered with BI-THE-WAY to use the Services.
This Privacy Policy was created with Termify.

What Information Do We Collect?

We collect information from you when you visit our app, register on our site, place an order, subscribe to our
newsletter, respond to a survey or fill out a form.
● Name / Username
● Email Addresses
● Debit/credit card numbers
● Age
● Password

We also collect information from mobile devices for a better user experience, although these features are
completely optional:

● Location (GPS): Location data helps to create an accurate representation of your interests, and this can
be used to bring more targeted and relevant ads to potential customers.
● Camera (Pictures): Granting camera permission allows the user to upload any picture straight from the
platform, you can safely deny camera permissions for this platform.
● Photo Gallery (Pictures): Granting photo gallery access allows the user to upload any picture from their
photo gallery, you can safely deny photo gallery access for this platform.

When does BI-THE-WAY use end user information from third parties?

BI-THE-WAY will collect End User Data necessary to provide the BI-THE-WAY services to our customers.
End users may voluntarily provide us with information they have made available on social media websites. If
you provide us with any such information, we may collect publicly available information from the social media
websites you have indicated. You can control how much of your information social media websites make
public by visiting these websites and changing your privacy settings.

When does BI-THE-WAY use customer information from third parties?

We receive some information from the third parties when you contact us. For example, when you submit your
email address to us to show interest in becoming a BI-THE-WAY customer, we receive information from a
third party that provides automated fraud detection services to BI-THE-WAY. We also occasionally collect
information that is made publicly available on social media websites. You can control how much of your
information social media websites make public by visiting these websites and changing your privacy settings.

Do we share the information we collect with third parties?

We may share the information that we collect, both personal and non-personal, with third parties such as
advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or
whose products or services we think may interest you. We may also share it with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer your personal and non-personal information to our
successors-in-interest.

We may engage trusted third party service providers to perform functions and provide services to us, such as
hosting and maintaining our servers and the app, database storage and management, e-mail management,
storage marketing, credit card processing, customer service and fulfilling orders for products and services
you may purchase through the app. We will likely share your personal information, and possibly some
non-personal information, with these third parties to enable them to perform these services for us and for
you.

We may share portions of our log file data, including IP addresses, for analytics purposes with third parties
such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may
be used to estimate general location and other technographics such as connection speed, whether you have
visited the app in a shared location, and type of the device used to visit the app. They may aggregate
information about our advertising and what you see on the app and then provide auditing, research and
reporting for us and our advertisers.

We may also disclose personal and non-personal information about you to government or law enforcement
officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond
to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the
safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to
otherwise comply with applicable court orders, laws, rules and regulations.

Where and when is information collected from customers and end users?

BI-THE-WAY will collect personal information that you submit to us. We may also receive personal
information about you from third parties as described above.

How Do We Use The Information We Collect?

Any of the information we collect from you may be used in one of the following ways:

● To personalize your experience (your information helps us to better respond to your individual needs)
● To improve our app (we continually strive to improve our app offerings based on the information and
feedback we receive from you)
● To improve customer service (your information helps us to more effectively respond to your customer
service requests and support needs)
● To process transactions
● To administer a contest, promotion, survey or other site feature
● To send periodic emails

How Do We Use Your Email Address?

By submitting your email address on this app, you agree to receive emails from us. You can cancel your participation in any of these email lists at any time by clicking on the opt-out link or other unsubscribe option
that is included in the respective email. We only send emails to people who have authorized us to contact
them, either directly, or through a third party. We do not send unsolicited commercial emails, because we
hate spam as much as you do. By submitting your email address, you also agree to allow us to use your
email address for customer audience targeting on sites like Facebook, where we display custom advertising
to specific people who have opted-in to receive communications from us. Email addresses submitted only
through the order processing page will be used for the sole purpose of sending you information and updates
pertaining to your order. If, however, you have provided the same email to us through another method, we
may use it for any of the purposes stated in this Policy. Note: If at any time you would like to unsubscribe
from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How Long Do We Keep Your Information?

We keep your information only so long as we need it to provide BI-THE-WAY to you and fulfill the purposes
described in this policy. This is also the case for anyone that we share your information with and who carries
out services on our behalf. When we no longer need to use your information and there is no need for us to
keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or
depersonalize it so that we can't identify you.

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your personal information when you
place an order or enter, submit, or access your personal information. We offer the use of a secure server. All
supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then
encrypted into our Payment gateway providers database only to be accessible by those authorized with
special access rights to such systems, and are required to keep the information confidential. After a
transaction, your private information (credit cards, social security numbers, financials, etc.) is never kept on
file. We cannot, however, ensure or warrant the absolute security of any information you transmit to
BI-THE-WAY or guarantee that your information on the Service may not be accessed, disclosed, altered, or
destroyed by a breach of any of our physical, technical, or managerial safeguards.

Could my information be transferred to other countries?

BI-THE-WAY is incorporated in Australia. Information collected via our app, through direct interactions with
you, or from use of our help services may be transferred from time to time to our offices or personnel, or to
third parties, located throughout the world, and may be viewed and hosted anywhere in the world, including
countries that may not have laws of general applicability regulating the use and transfer of such data. To the
fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the
trans-border transfer and hosting of such information.

Is the information collected through the BI-THE-WAY Service secure?

We take precautions to protect the security of your information. We have physical, electronic, and managerial
procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your
information. However, neither people nor security systems are foolproof, including encryption systems. In
addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while we
use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If
applicable law imposes any non-disclaimable duty to protect your personal information, you agree that
intentional misconduct will be the standards used to measure our compliance with that duty.

Can I update or correct my information?

The rights you have to request updates or corrections to the information BI-THE-WAY collects depend on
your relationship with BI-THE-WAY. Personnel may update or correct their information as detailed in our
internal company employment policies.

Customers have the right to request the restriction of certain uses and disclosures of personally identifiable
information as follows. You can contact us in order to (1) update or correct your personally identifiable
information, (2) change your preferences with respect to communications and other information you receive
from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to
the following paragraph), by cancelling your account. Such updates, corrections, changes and deletions will
have no effect on other information that we maintain, or information that we have provided to third parties in
accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your
privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your
identity before granting you profile access or making corrections. You are responsible for maintaining the
secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the
information you have provided to us from our system. The need to back up our systems to protect
information from inadvertent loss means that a copy of your information may exist in a non-erasable form
that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal
information stored in databases we actively use, and other readily searchable media will be updated,
corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically
practicable.

If you are an end user and wish to update, delete, or receive any information we have about you, you may do
so by contacting the organization of which you are a customer.
Sale of Business

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of
all or substantially all of the assets of BI-THE-WAY or any of its Corporate Affiliates (as defined herein), or
that portion of BI-THE-WAY or any of its Corporate Affiliates to which the Service relates, or in the event that
we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization
or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Affiliates

We may disclose information (including personal information) about you to our Corporate Affiliates. For
purposes of this Privacy Policy, "Corporate Affiliate" means any person or entity which directly or indirectly
controls, is controlled by or is under common control with BI-THE-WAY, whether by ownership or otherwise.
Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate
Affiliates in accordance with the terms of this Privacy Policy.

Governing Law

This Privacy Policy is governed by the laws of Australia without regard to its conflict of laws provision. You
consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the
parties under or in connection with this Privacy Policy except for those individuals who may have rights to
make claims under Privacy Shield, or the Swiss-US framework.

The laws of Australia, excluding its conflicts of law rules, shall govern this Agreement and your use of the
app. Your use of the app may also be subject to other local, state, national, or international laws.
By using BI-THE-WAY or contacting us directly, you signify your acceptance of this Privacy Policy. If you do
not agree to this Privacy Policy, you should not engage with our app, or use our services. Continued use of

the app, direct engagement with us, or following the posting of changes to this Privacy Policy that do not
significantly affect the use or disclosure of your personal information will mean that you accept those
changes.

Your Consent

We've updated our Privacy Policy to provide you with complete transparency into what is being set when you
visit our site and how it's being used. By using our BI-THE-WAY, registering an account, or making a
purchase, you hereby consent to our Privacy Policy and agree to its terms.

 

Eligibility

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Bi-The-Way is available exclusively to users who are 18 years of age or older. By creating an account or using the app, you represent that you meet this age requirement. We do not knowingly collect or process personal information from individuals under the age of 18. If we discover that an account has been created by someone under 18, we will take appropriate steps to remove the account and delete any associated data.

 

Links to Other Websites

This Privacy Policy applies only to the Services. The Services may contain links to other websites not
operated or controlled by BI-THE-WAY. We are not responsible for the content, accuracy or opinions
expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or
completeness by us. Please remember that when you use a link to go from the Services to another website,
our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those
that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may
use their own cookies or other methods to collect information about you.

Cookies

BI-THE-WAY uses "Cookies" to identify the areas of our app that you have visited. A Cookie is a small piece
of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the
performance and functionality of our app but are non-essential to their use. However, without these cookies,
certain functionality like videos may become unavailable or you would be required to enter your login details
every time you visit the app as we would not be able to remember that you had logged in previously. Most
web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be
able to access functionality on our app correctly or at all. We never place Personally Identifiable Information
in Cookies.

Blocking and disabling cookies and similar technologies

Wherever you're located you may also set your browser to block cookies and similar technologies, but this
action may block our essential cookies and prevent our app from functioning properly, and you may not be
able to fully utilize all of its features and services. You should also be aware that you may also lose some
saved information (e.g. saved login details, site preferences) if you block cookies on your browser. Different
browsers make different controls available to you. Disabling a cookie or category of cookie does not delete
the cookie from your browser, you will need to do this yourself from within your browser, you should visit your
browser's help menu for more information.

Remarketing Services

We use remarketing services. What Is Remarketing? In digital marketing, remarketing (or retargeting) is the
practice of serving ads across the internet to people who have already visited your app. It allows your
company to seem like they're “following” people around the internet by serving ads on the websites and
platforms they use most.

Payment Details

In respect to any credit card or other payment processing details you have provided us, we commit that this
confidential information will be stored in the most secure manner possible.

Kids' Privacy

We do not address anyone under the age of 18. We do not knowingly collect personally identifiable
information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your
child has provided Us with Personal Data, please contact Us. If We become aware that We have collected
Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to
remove that information from Our servers.

Changes To Our Privacy Policy

We may change our Service and policies, and we may need to make changes to this Privacy Policy so that
they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for
example, through our Service) before we make changes to this Privacy Policy and give you an opportunity to
review them before they go into effect. Then, if you continue to use the Service, you will be bound by the
updated Privacy Policy. If you do not want to agree to this or any updated Privacy Policy, you can delete
your account.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and
other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that BI-THE-WAY shall not be responsible for any Third-Party Services,
including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality
or any other aspect thereof. BI-THE-WAY does not assume and shall not have any liability or responsibility to
you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

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Tracking Technologies

● Google Maps API
Google Maps API is a robust tool that can be used to create a custom map, a searchable map, check-in
functions, display live data synching with location, plan routes, or create a mashup just to name a few.
Google Maps API may collect information from You and from Your Device for security purposes.
Google Maps API collects information that is held in accordance with its Privacy Policy
Information about General Data Protection Regulation (GDPR)

We may be collecting and using information from you if you are from the European Economic Area (EEA),
and in this section of our Privacy Policy we are going to explain exactly how and why is this data collected,
and how we maintain this data under protection from being replicated or used in the wrong way.

What is GDPR?

GDPR is an EU-wide privacy and data protection law that regulates how EU residents' data is protected by
companies and enhances the control the EU residents have, over their personal data.
The GDPR is relevant to any globally operating company and not just the EU-based businesses and EU
residents. Our customers’ data is important irrespective of where they are located, which is why we have
implemented GDPR controls as our baseline standard for all our operations worldwide.

What is personal data?

Any data that relates to an identifiable or identified individual. GDPR covers a broad spectrum of information
that could be used on its own, or in combination with other pieces of information, to identify a person.
Personal data extends beyond a person’s name or email address. Some examples include financial
information, political opinions, genetic data, biometric data, IP addresses, physical address, sexual
orientation, and ethnicity.

The Data Protection Principles include requirements such as:

​

● Personal data collected must be processed in a fair, legal, and transparent way and should only be
used in a way that a person would reasonably expect.
● Personal data should only be collected to fulfil a specific purpose and it should only be used for that
purpose. Organizations must specify why they need the personal data when they collect it.
● Personal data should be held no longer than necessary to fulfil its purpose.
● People covered by the GDPR have the right to access their own personal data. They can also request a
copy of their data, and that their data be updated, deleted, restricted, or moved to another organization.

Why is GDPR important?

GDPR adds some new requirements regarding how companies should protect individuals' personal data that
they collect and process. It also raises the stakes for compliance by increasing enforcement and imposing
greater fines for breach. Beyond these facts it's simply the right thing to do. At BI-THE-WAY we strongly
believe that your data privacy is very important and we already have solid security and privacy practices in
place that go beyond the requirements of this new regulation.

Individual Data Subject's Rights - Data Access, Portability and Deletion

We are committed to helping our customers meet the data subject rights requirements of GDPR.
BI-THE-WAY processes or stores all personal data in fully vetted, DPA compliant vendors. We do store all
conversation and personal data for up to 6 years unless your account is deleted. In which case, we dispose
of all data in accordance with our Terms of Service and Privacy Policy, but we will not hold it longer than 60
days.

We are aware that if you are working with EU customers, you need to be able to provide them with the ability
to access, update, retrieve and remove personal data. We got you! We've been set up as self service from
the start and have always given you access to your data and your customers data. Our customer support
team is here for you to answer any questions you might have about working with the API.

California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information we
collect and how we use it, the categories of sources from whom we collect Personal Information, and the
third parties with whom we share it, which we have explained above.

We are also required to communicate information about rights California residents have under California law.
You may exercise the following rights:

● Right to Know and Access. You may submit a verifiable request for information regarding the: (1)
categories of Personal Information we collect, use, or share; (2) purposes for which categories of
Personal Information are collected or used by us; (3) categories of sources from which we collect
Personal Information; and (4) specific pieces of Personal Information we have collected about you.
● Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
● Right to Delete. You may submit a verifiable request to close your account and we will delete Personal
Information about you that we have collected.
● Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these
rights, please contact us.

We do not sell the Personal Information of our users.

For more information about these rights, please contact us.

California Online Privacy Protection Act (CalOPPA)

​

CalOPPA requires us to disclose categories of Personal Information we collect and how we use it, the
categories of sources from whom we collect Personal Information, and the third parties with whom we share
it, which we have explained above.

CalOPPA users have the following rights:

● Right to Know and Access. You may submit a verifiable request for information regarding the: (1)
categories of Personal Information we collect, use, or share; (2) purposes for which categories of
Personal Information are collected or used by us; (3) categories of sources from which we collect
Personal Information; and (4) specific pieces of Personal Information we have collected about you.
● Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
● Right to Delete. You may submit a verifiable request to close your account and we will delete Personal
Information about you that we have collected.
● Right to request that a business that sells a consumer's personal data, not sell the consumer's personal
data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these
rights, please contact us.
We do not sell the Personal Information of our users.
For more information about these rights, please contact us.

 

 

Auto-renewing Subscriptions

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

​

Subscription Plans & Billing: BI-THE-WAY offers the following subscription plans:
Monthly Plan: $9.99 USD per month (auto-renews unless canceled 24 hours before renewal).

Yearly Plan: $99.99 USD per year (auto-renews unless canceled 24 hours before renewal).

 

● BI-THE-WAY offers a 2-month free trial for new users who subscribe to our premium services. The trial period starts on the day of subscription. After the trial ends, your subscription may automatically renew as a paid plan unless canceled at least 24 hours before the trial expires. You can cancel your subscription at any time through your Google Play Store or Apple ID settings before the trial ends to avoid charges.If you do not cancel before the trial expires, you will be charged the applicable subscription fee based on your selected plan.No refunds are provided for unused portions of the free trial.Users will be notified before the trial period ends and before any charges are made.

● Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

● Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

● Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

●NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

●Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

●Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

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