PINKY PROMISE MOBILE APPLICATION TERMS OF USE

These Terms of Use (“Terms”) apply to all downloads, installations and use of the mobile application, App and documentation (collectively, the “App”) called “Pinky Promise” created by Small Army Ventures, LLC (“Pinky Promise” or “We”). The App is licensed to you, not sold, and only in accordance with the section entitled “License” below, and the Mobile Application End User License Agreement (“EULA”) that you accepted when you downloaded and installed the App.

These Terms, together with our Mobile Application Privacy Policy [ www.pinkypromise.rocks/privacy-policy] (“Privacy Policy”) and EULA, incorporated herein by reference, govern your use of the App, our website located at www.pinkypromise.rocks (the “Website”), and any other related products or services (collectively, the “Content and Services”).

A user of our App (“You”) must accept these Terms to create a Pinky Promise account and use the App, Website, Content and Services. If You do not have an account, you may accept these Terms by downloading the App, visiting the Website or using any part of the Services.

BY DOWNLOADING AND INSTALLING THE APP AND CREATING AN ACCOUNT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS IN THIS POLICY, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.

USE OF THE APP

Downloads

You can download and install the App on your mobile device to create an account and use the App. To download and install the App and create an account, we will ask You for Your name, phone number, e-mail address, billing address, and other information. We will store Your name, email address, phone number and address for the purposes stated in our Privacy Policy.

As set forth in the EULA, the App is not able to be copied, sublicensed or transferred.

Pricing and Support

Pinky Promise may from time to time add or change the functionality of the App and may assess a license fee for downloads or use of the App. Pinky Promise may in the future assess a fee for commercial use of the App. Pinky Promise may discontinue support of the App or remove Content or Services from the Website at any time and for any reason, with or without notice to You. Should You have issues with the functionality of the App, notify Pinky Promise at [email protected]

Acceptance

All downloads and accounts are subject to acceptance by Pinky Promise. After you download and install the App and create a user account, You will receive an email from Pinky Promise confirming that Your account has been created. Pinky Promise reserves the right not to allow You to use the App or create and account for any reason or no reason.

Disclaimer of Warranties

THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PINKY PROMISE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PINKY PROMISE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP, THE WEBSITE, THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE ACCURATE, COMPLETE, RELIABLE, OR WORK WITH ANY OTHER APP, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PINKY PROMISE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

COMPATIBILITY

You acknowledge that You have verified the compatibility of the App with other required equipment (e.g., ensuring that Your mobile device and/or operating system is compatible with the App). You are solely responsible for determining the compatibility of the App with other equipment. Pinky Promise is not responsible for ensuring that the App will work with Your devices, or that it will not harm Your devices.

INDEMNITY

You hereby indemnify Pinky Promise and Small Army Ventures, LLC and its affiliates from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Small Army Ventures, LLC or its affiliates to a third party in settlement of a claim or dispute) incurred or suffered by Small Army Ventures, LLC arising out of any breach by You of any provision of these Terms or arising out of any claim that You have breached any provision of these Terms.

LICENSE

Pinky Promise grants to you a limited, nonexclusive, nontransferable license to download, install and use the App, the Website, the Content and Services in accordance with the terms in the EULA. Pinky Promise reserves all rights and licenses in and to the App not expressly granted to you under these Terms and the EULA.

Pinky Promise Rights

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“Pinky Promise Content” includes any text, graphics, images, music, App, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App or the Website to you. Except for your Personal Information (defined in our Privacy Policy), the App, the Website, the Content and the Services and any underlying code and technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App. All such rights are expressly reserved by Pinky Promise.

You may not use Pinky Promise trademarks or in any manner including in any metatags or any other "hidden text" without Pinky Promise’s express written permission. Reference by Pinky Promise to any other trademarks, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Pinky Promise.

Unacceptable Use of the Services

Except to the extent permitted by law, You may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the App: (1) use, display, mirror or frame the App or any individual element within the App, Pinky Promise’s name, any Pinky Promise trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Pinky Promise’s express written consent; (2) access or tamper with non-public areas of the App, Pinky Promise’s computer systems, or the technical delivery systems of Pinky Promise’s providers; (3) test the vulnerability of any Pinky Promise system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Pinky Promise or any of Pinky Promise’s providers or any other third party (including another user) to protect the App, the Website, the Content and Services; (5) access the App, the Website, the Content and the Services through the use of any mechanism other than through the use of Your mobile device or equipment that You are authorized to use; (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any App that Pinky Promise provides to you or any other part of the Website, Content or Services; (7) use the App, Website, Content or Services in any way that causes, or may damage or impair the availability or accessibility of the App, Website, Content or Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, or potentially fraudulent or harmful purpose or activity; or (8) use the App, Website, Content or Services in any way that results in commercial use for a fee from a third party, including by way of rent, sale or sublicense.

You shall not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to the App, the Website, the Content or the Services without Pinky Promise’s prior express written consent. You must not use the App, the Website, the Content or the Services for any purposes related to marketing any product that is not sold through or by Pinky Promise without Pinky Promise’s express written consent.

Required Age for Usage of the App

In order to use the App and access the Website, You must be over the age of 13 or of legal age in the jurisdiction in which you reside to be able to lawfully accept the Terms.

If You are using the App or the Website on behalf of any entity, You must comply with the Terms and be authorized to accept the Terms on such entity's behalf.

Privacy Policies

Any information that Pinky Promise collects through Your use of the App is subject to our Mobile Policy [URL] and our Website Privacy Policy [URL], which are part of these Terms.

Necessary Equipment

Full use of the App, the Content and Services is dependent upon Your use of a computer with an adequate operating system to support and use the App or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the App. It is Your responsibility to ensure the equipment’s functionality.

Pinky Promise Enforcement Rights

Other than set forth herein, Pinky Promise is not obligated to monitor access or use of the App, the Website, the Content and Services, or Your information, but we have the right to do so to ensure compliance with these Terms and applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the App, the Website, the Content and Services, or Your account or information at any time and without notice, and at our sole discretion, if we determine that Your use of the App is objectionable or in violation of these Terms or applicable law. We have the right to investigate violations of these Terms and any conduct that affects the performance or use of the App, the Website, the Content or Services or the community of Pinky Promise users generally.

Use at Your Own Risk

Our goal is to provide helpful and accurate information on the App and the Website, but we make no endorsement, representation or warranty of any kind about the App, the Website, the Content or the Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information You receive through the App, the Website or the Services. If You rely on the App, the Website, the Content or Services, You do so solely at Your own risk. In particular, users of the App are responsible for their own actions and use of the App, including entering into, modifying and completing tasks within the App. Such actions may give rise to ratings within the App that are publicly viewable. We take no responsibility for such user ratings or users’ failures to perform tasks within the App.

Feedback and Submissions Policy

If You submit comments, ideas, or feedback to us, You agree that we can use them without any restriction or compensation to you. We do not waive rights to use similar or related ideas or feedback previously known to us, developed by Pinky Promise, or obtained from sources other than You.

Emails and Communication

As part of your use of the App, the Website, the Content or the Services, You may receive emails, text messages, in App communications or other communications. By downloading and installing the App and creating and account, You agree to the receipt of these communications. In the event that You wish to cease your receipt of these communications, please follow the process outlined in our Privacy Policy.

Third Party Links and Websites

The App and the Website may contain links to third party websites, apps, services and resources (collectively “Third Party Services”) that are not under Pinky Promise’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third Party Services. You acknowledge sole responsibility and assume all risk arising from Your use of any Third Party Services.

Changes to the Services AND OUR POLICIES

Pinky Promise may change or discontinue, temporarily or permanently, any feature or component of the App, the Website, the Content or the Services at any time without notice. Accordingly, we encourage You to periodically read these Terms as well as our Privacy Policy and EULA to determine the terms to which You are bound. Pinky Promise is not liable to You or to any third party for any modification, suspension or discontinuance of any feature or component of the App. We reserve the right to determine the timing and content of App updates, which may be automatically downloaded and installed by Pinky Promise products without prior notice to You.

We may communicate with You about Your account, the App, the Website, the Content, the Services, and changes to our EULA, this Policy and our Privacy Policy via email (to the email address that You provide when You create Your account), in App communications, App notifications (provided that they are enabled), or text (to the mobile device number or address that You provide when You create Your account). BY CONTINUING TO USE THE APP, YOU AGREE THAT YOU WILL ACCEPT SUCH CHANGES IN THE METHOD SET FORTH HEREIN.

Breaches of these Terms

Without prejudice to Pinky Promise's other rights under these Terms, if You breach these Terms in any way, Pinky Promise may take such action as it deems appropriate to deal with the breach, including suspending or blocking Your access to the App, the Website, the Content or Services, blocking computers or mobile devices using your IP address from accessing the App, the Website, the Content or Services, contacting Your internet service provider to request that they block Your access to the App and/or bringing court proceedings against you.

GOVERNING LAW

The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles.

No Class Actions

You may only resolve disputes with Pinky Promise on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement

Judicial Forum for Claims

We would like to resolve any complaints or dissatisfaction before it ever reaches the point of litigation. In the event that you are dissatisfied with the App, please contact our customer support team at [email protected] In the event that we are unable to satisfactorily resolve your claim, You and We agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Suffolk County, Massachusetts. Both You and We consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

GENERAL PROVISIONS

You may not assign or transfer these Terms by operation of law or otherwise, without Pinky Promise’s express prior written consent. Any attempt to do so, without Pinky Promise’s consent, will be null and of no effect. Pinky Promise may freely assign these Terms.

Pinky Promise will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

The failure by Pinky Promise to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

These Terms, together with the EULA and the Privacy Policy, constitute the complete and exclusive agreement between Pinky Promise and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party. If any provision(s) of these Terms is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Pinky Promise’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Pinky Promise in writing.

You will not export or re-export, directly or indirectly, the Services, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.

All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; and (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.

CONTACT US

If You have additional questions about these Terms, please write to us at [email protected] or at:


Pinky Promise
c/o Small Army Ventures, LLC
300 Massachusetts Avenue, Second Floor
Boston, MA 02115



Effective: December 21, 2017

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