PEERBIE TERMS OF SERVICE INTRODUCTION Welcome to PeerBie, which will be called “PeerBie”, “We”, “Our”, “Us” as applicable in these Terms and Conditions (the “Terms”) located at www.perbie.com (which will be called “our Website”). Any mention of “you” and “your” refer to any user of our website or related services (the “User”). These Terms govern your use and access of our website, services and any of our specialized apps (which will all be called the “Services”). Therefore, to use the Services, you are required to accept these terms (including, without limitation, our Privacy Policy). Ensure you carefully go through the Terms before using the Services. If you do not agree with any part of the terms and conditions, then you may not access or use our website or Services. By accepting our Terms, you will be bound by these Terms anytime you access or use the Services. We reserve the right to change, update or modify these Terms at any time without prior notice. We may update our Services any time based on sole discretion. Every time you use the Services, it is advisable you review these Terms in case of any such updates or modifications. USER ACCOUNT To be able to access or use the Services, you must be at least 16 years old or be eligible to enter into legally binding contracts. You are required to register as a user to be able to have access and use most parts of the Services. To register you will be required to provide a valid phone number, email address and a password to complete the registration process. The information we get from you will be used to create an individual user account for you. You are required to provide true, accurate and complete information and update such information when necessary to retain its truth, accuracy, and completeness. We do not allow false or misleading information about your location on the website. Conducting such an act may lead to a suspension or termination of your account. You are allowed to have as many network profiles as you want. We may reject your choice of username and require that you change any username, password or information while doing your account registration. Your username and password are exclusively for your personal use and should not be shared with or sent to another person. We will in no way be accountable for any loss or damage as a result of your failure to preserve your account confidentiality. You're required to inform us if you observe any breach in your account. We reserve the right to suspend or terminate your account and make your registration void anytime, for any reason, at our discretion. We also have the right to release your identity (and any information you have provided to us) whenever a complaint or legal action arises from any activity on the website that demands us to do so. ABOUT OUR SERVICES Registration You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. Address Book You provide us the phone numbers of PeerBie users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services. Age You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf. Devices and Software You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically. Fees and Taxes You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law. USE OF THE SERVICES A User must comply with the Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We aren't responsible for the content of any user Data. The Services are not intended for and should not be used by anyone under the age of 16. For product signup, a valid phone number is required. Product requires information from user ONLY WHEN: User wants to join a network and network requires mandatory member information. A user can have many network profiles; however, his/her network information remains always within the network. No network member can see a users' entire information. Users can join PeerBie or ONE of PeerBie specialized apps for organizations. Joining a PeerBie network means also joining Peerbie as a user. PROHIBITED USES You are restricted and prohibited from using the Services or its content, material or information: (a) for any unlawful or illegal purpose or activity; (b) to cause or ask other users or any other individual to execute or engage in any unlawful or illegal activities; (c) to engage in violation or breach of any international, federal, provincial, state or local laws, regulations, rules, ordinances, or decrees; (d) to engage in infringement or violation of our intellectual property rights or the intellectual property rights of other users or linked websites; (e) to abuse, harass, harm, defame, denigrate, threaten, or discriminate based on race, gender, ethnicity, sexual orientation, religion, national origin, age, infirmity, or disability; (f) to send us incorrect or misleading information; (g) to upload, send, post or transmit viruses, worms, or any other type of malwares that can, in any way, affect the operation or functionality of the Services, or of any linked website; (h) to gather, monitor or track the individual information of others; (i) to spam, pharm, phish, pretext, crawl, spider, or scrape; (j) for any obscene, inappropriate, or immoral purpose or activity; or (k) to hamper with or sidestep the security features of the Services or any linked website. We retain the right to suspend or stop your use of the Services, or any linked website for the violation or breach of any of the prohibited uses. OUR REMOVAL RIGHTS If we believe that there is a violation of the Terms that can simply be remedied by User’s removal of certain User Data (any content posted by the user), we will, in most cases, ask the User to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if the User does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, or any third parties. PROVIDING THE SERVICES We will (a) make the Services available to Users as described in the Contract; and (b) not use or process User Data for any purpose without the User’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Users and any processing related to such use or otherwise necessary for the performance of the Terms. KEEPING THE SERVICES AVAILABLE For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Users with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes. PROTECTING CUSTOMER DATA The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of User Data by our personnel. Before sharing User Data with any of our third party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of User Data and preventing unauthorized access. A User (not us) bears sole responsibility for adequate security, protection and backup of User Data when in User’s or its representatives’ or agents’ possession or control or when User chooses to use unencrypted gateways (e.g., IRC/XMPP clients) to connect to the Services. THE PEERBIE EXTENDED FAMILY We may leverage our employees, those of our corporate affiliates and third-party contractors (the “PeerBie Extended Family”) in exercising our rights and performing our obligations under the Terms. We will be responsible for the PeerBie Extended Family’s compliance with our obligations under the Terms. YOUR RIGHTS As between us on the one hand, and any User on the other, User will own all User Data. Subject to the Terms, User grants us and the PeerBie Extended Family a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display User Data, only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by User. User represents and warrants that it has secured all rights in and to User Data as may be necessary to grant this license. When you publish any content using the Public setting, you are allowing anyone on your network to view such content. OUR RIGHTS We own and will continue to own our Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Users a non-sublicensable, non-transferable, non-exclusive, limited license for Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Terms. All of our rights not expressly granted by this license are hereby retained. PURCHASING DECISIONS We may share information about our future product plans because we like transparency. Our public statements about those product plans are an expression of intent, but do not rely on them when making a purchase. If you decide to buy our Services, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features. CHOOSING TO BE A BETA TESTER Occasionally, we look for beta testers to help us test our new features. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Product”). Beta Products may not be ready for prime time so they are made available “as is,” and any warranties or contractual commitments we make for other Services do not apply. Should a user encounters any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to iron out issues before making a new feature widely available. RESOLUTION OF DISPUTES If a dispute occurs between you and any user, kindly find a way to resolve it amicably, or simply contact us. If a dispute occurs between you and PeerBie, we would like to resolve such dispute quickly and cost-effectively. Accordingly, you and PeerBie agree that any claim or controversy at law or equity that arises between us out of these Terms or our services (a "Claim") will be resolved based on this section entitled "Resolution of Disputes." Before resorting to any alternatives, you agree to first contact us directly to seek a resolution by going to Contact Us on your account. FEEDBACK IS WELCOME The more suggestions our users make, the better the Services become. If a User sends us any feedback or suggestions regarding the Services, there is a chance we will use it, so a User grants us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to the user. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless. PRIVACY POLICY Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our websites and products. FORCE MAJEURE Neither us nor Users will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. LIMITATION OF LIABILITY / DISCLAIMER Use of the services is at your own risk. the services provided on an “as is” basis. to the maximum extent permitted by law: (a) peerbie disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the services; and (b) all implied warranties, terms relating to the services (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment are, as between peerbie and you, hereby excluded. in particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the services; or any damage or injury to users or their equipment as a result of or relating to their use of the services. your statutory rights are not affected. Peerbie will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the services, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. INDEMNIFICATION User agrees to indemnify and hold harmless PeerBie, its employees, directors, heirs and assigns against any liability, damage, loss, and expense, including attorneys’ fees, resulting from the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the User or the linkage of any advertisement to any other material. You agree to cover PeerBie in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your actions whilst using the services otherwise than in accordance with these terms or applicable laws. SEVERABILITY If any portion of these Terms is deemed to be unenforceable, or invalid, for any reason, then that portion is deemed to be modified to the extent necessary to remedy the unenforceability or invalidity, or if it's not possible to remedy the unenforceability or invalidity, that portion is to be severed from these Terms, and other portion of these Terms will otherwise remain in full force. MODIFICATIONS As our business evolves, we may change these Terms. Users can review the most current version of the Terms at any time by visiting this page. The changes will become effective upon posting of the change. If a User accesses or uses the Services after the effective date, that use will constitute User’s acceptance of any revised Terms. WAIVER No failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right. No waiver under the Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver. DISSOLUTION Any obligations and liabilities incurred before the dissolution date of these Terms shall supersede the dissolution of this agreement for all purposes. These Terms remain effective and governing until the dissolution by either you or us. You may dissolute these Terms at any period by informing us that you no longer wish or want to access or use the Services, or when you stop using any of the Services. If based on our sole discretion, you fail or refuse, or we notice or suspect that you have failed or refused, to adhere to any of the provisions made in these Terms, we also may dissolute this agreement at any period without prior notice and you will remain legally responsible for all amounts due up to and together with the date of dissolution; and/or consequently may deny you access to any aspect of the Services. BREACHES OF THESE TERMS If in any way you breach or infringe on any of the rights or provisions stipulated in these Terms, or if we sensibly suspect that you have breached or infringed on any of the rights or provisions stipulated in these Terms in any way, we reserve the right to enforce certain consequences, which include to • grant you one or more formal warnings; • temporarily suspend your access to or use of the Services; • permanently disallow you from accessing or using the Services; • restrict computers using your IP address from accessing the Services; • contact any of or all your internet service providers and request they disallow you from accessing or using the Services: • initiate legal action against you, whether for breach / infringement of contract or otherwise; and/ or • suspend or terminate your account on our Services. If we suspend or terminate your account or access to or use of the Services, or a part of it, you are not to initiate any action to evade such suspension or termination, which include but not limited to creating and/or using a different account. ENTIRE CONTRACT These Terms are the entire agreement between the parties as regards the use of the Services and supersedes all previous negotiations, commitments, and agreements about the Services.