Boring Legal Stuff

 This website, www.calibrr.com (the “Website”) is owned and operated by Calibrr, LLC (“Calibrr,” “we,” “us,” or “our”). Please read these Terms of Use (these “Terms”) carefully, as they may have changed since your last visit. We reserve the right to change these Terms from time to time for any reason, and may provide you with notice of such changes by any reasonable means, including posting the updated Terms of Use to https://calibrr.com/terms-%26-conditions.

1. Acceptance of Terms of Use. By accessing, browsing, submitting information to and/or using the Calibrr mobile application (the “Mobile App”) and the Website, you agree and acknowledge on your own behalf and on behalf of any organization you represent (collectively, “you” or “your”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Website or the “Mobile App”. Please read these Terms carefully, as they create a binding contract between you and Calibrr.

2. Privacy Policy. Together with our Privacy Policy, which we may change from time to time, these Terms govern your use of the Website, Mobile App, and the services we provide (the “Services”), including your submission of information. Please review the Privacy Policy carefully for disclosures pertaining to our collection, use, and sharing of information in connection with the Services, including personal and geographic location information. Please check these Terms and the Privacy Policy frequently, as they may have changed since your last visit.

3. Our Services. The Services are designed to enable communication and

connections between you and other Calibrr users, and are provided only for informational purposes. The Services are intended to be inclusive, respectful, and professional. However, we do not warrant the accuracy, completeness, or usefulness of any information provided through the Services. Any reliance you place on such information is strictly at your own risk. Any and all outcomes, results, and interpersonal interactions on the Calibrr Network are at your own risk. Calibrr and members of the Calibrr team bare no responsibility of how you, or others, choose to use the network-- and you, as a member of the network, consent and understand these facts by signing up for an account. By creating a Calibrr account, you are consenting and agreeing that you are using the platform entirely at your own risk, and Calibrr is not responsible for any risks or negative outcomes that may arise as a result of your account creation. Calibrr disclaims all liability and responsibility arising from any reliance placed on such content by you or any user of the Services, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Calibrr through the Website, the Mobile App, and the Services shall be handled in accordance with our Privacy Policy, which is hereby incorporated by reference. Calibrr is based in the state of Ohio in the United States. We provide this Website and our

Mobile App for use only by persons located in the United States. We make no claims that the Website or the Mobile App, or any of their contents, are accessible or appropriate outside of the United States. Access to the Website or the Mobile App may not be legal by certain persons or in

certain countries. The quality of the content you access on the Website and the Mobile App may be affected by a variety of factors, including your connection, the content being viewed, and your location. Calibrr makes no representations or warranties regarding access to Website and Mobile App content in connection with the Services. We may alter, suspend, or discontinue this Website, our Mobile App, and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Website, Mobile App, and/or Services, for some

or all users, from time to time. The Website and Mobile App may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We reserve the right to modify or change the Mobile App, Website, or any of the Services, with or

without notice to you, and we are not obligated to support or update the Mobile App, Website or any Services.

4. Use of the Mobile App and Website. Calibrr grants you a non-exclusive right to access and use the Mobile App and the Website, and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Mobile App and the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Calibrr to use the Mobile App or the Wesbite for commercial purposes. You agree to use the Mobile App and the Website only for lawful purposes, comply with all rules governing any transactions on and through the Mobile App and the Website, and comply with applicable laws.

5. Eligibility. The Services are not for use by anyone under the age of 13. By using the Services, you represent and warrant that you are at least the age of majority as defined by the law of your state (the “Minimum Age”) and have reviewed and consent to the Terms, or, if you are under the Minimum Age (but are 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian providing consent to these Terms for the benefit of a child over 13, you represent and warrant that you have reviewed and consent to the Terms and accept full responsibility for your child’s use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.

6. Your Commitments

6.1 Your Calibrr Account. Our Services are reserved for registered users (each a “Registered User”). In order to become a Registered User, we will ask you to complete a registration form, and also to select a username and create a password (your “Login Credentials”). During any such registration, you are required to give truthful contact information (including your name and email address). Together with any additional information you provide

to set up your Calibrr account (your “Account”), this collectively is your “User Profile.” Your User Profile must be in your real name, and you may not have more than one User Profile. Creation of false accounts is prohibited.

You agree to use Calibrr in a professional manner and are responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account. Calibrr is not responsible for any loss that you may incur as a result of any

unauthorized person using your Account or your Login Credentials. It is a violation of the Terms to access the Services if your Account has been disabled or removed for violation of law or any of our policies.

6.2 Your Account Content; Privacy Preferences. Calibrr enables the exchange of information between users, including messages, shares, notifications, and geo-locating information (collectively “User Content”). User Content available on the Mobile App and Website is the sole responsibility of the person who generated such User Content. You are

entirely responsible for all content you post, share, and exchange on the Mobile App and by using the Services. Your User Content may be searchable by other Calibrr users based on your geographic location. Please refer to our Privacy Policy for additional disclosures on Calibrr’s search functionality and your privacy settings.

6.3 Fees. There is currently no set fee for a basic Calibrr Account. If you choose to upgrade to a Calibrr Prime account, you agree to pay a recurring monthly subscription fee of $4.99 for personal use of the Mobile App and Services (the “Subscription Fee”). Subscriptions purchased through a third party are subject to the terms of agreement with that party. If you subscribe to a Calibrr Prime account, you agree to pay Calibrr all applicable fees as they become due for your Calibrr Prime subscription (your “Subscription”). You may cancel your Subscription from time to time as provided on the Mobile App. We may also refuse to renew any Subscriptions. We may change the Subscription Fee and adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you in advance of any change in Subscription Fees by sending you an email to the email address in your Account. Subscription Fee changes will take effect at the start of the next subscription period following the date of the Subscription Fee change. You accept the new fees by continuing to use the Mobile App and Services after the fee change takes effect. If you do not agree with the applicable price change, you have the right to reject the change by terminating your Account in accordance with these Terms.

6.4 Prohibited Uses. You agree that you will not:

-Use this Website, the Mobile App, or the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

-Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, the Mobile App, or the Services, or which, as determined by us, may harm Calibrr or users of the Website, the App, or the Services, or expose them to liability;

-Attempt to gain unauthorized access to any Calibrr account, computer systems or networks associated with Calibrr or the Services;

-Upload, post, email, transmit or otherwise make available any content, or initiate communication, that infringes upon someone else’s rights, including patents, trademarks, trade secrets, copyrights or other proprietary rights;

-Upload, post, email, transmit or otherwise make available any content, or initiate communication, that is threatening, offensive, abusive, pornographic, defamatory, or obscene;

-Bully, intimidate, stalk, or harass another Calibrr user for any reason;

-Attempt to create accounts or access or collect information in any way that violates these Terms;

-Use any robot, spider, or other automatic device, process or means to access the Website or the Mobile App for any purpose, including monitoring or copying any of the material on the Website or Mobile App;

-Introduce any viruses, Trojan horses, worms, logic bombs, or other material, which are malicious or technologically harmful;

-Impersonate or attempt to impersonate Calibrr, a Calibrr employee, another user, or any other person or entity; or

-Interfere with or disrupt Calibrr’s servers or any networks connected to Calibrr, or disobey any requirements, procedures, policies or regulations of networks connected to Calibrr.

7. Intellectual Property Rights

7.1 Your Content. Any Content you create or own, or to which you have a license, and use on the Mobile App is your User Content. In sharing your User Content on the Mobile App, you warrant and represent you have the legal right to use your User Content and grant Calibrr an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use your

User Content in providing any Services. The Services may also provide you with features like photo thumbnails, sharing, and searching. These and other features may require us to access, store, and scan your User Content. Your User Content may be searched and viewed by other

users, so please think carefully about what you share.

7.2 Our Content. Calibrr owns or licenses all content on the Mobile App and the Website, including all underlying materials, information, and content, all of which are protected by United States copyright, trademark, patent, trade secret, and other intellectual property rights. All trademarks, trade names, and service marks on the Website, Mobile App, or the Services, including without limitation Calibrr™, are owned by Calibrr, Calibrr’s licensors, or other respective owners. Such trade names, trademarks, and services marks, whether registered or unregistered, may not be used in connection with any product or service that is not owned by Calibrr, or in any manner that is likely to cause confusion. Nothing on the Website or Mobile App should be construed as granting any license or right to use any such trade names, trademarks, or service marks without Calibrr’s express written consent. You may not use this Website, the Mobile App, or the Services, or any of the information and content available on the same, except as expressly permitted by these Terms of Use. Any questions regarding the use of any intellectual property provided on the Website and Mobile App should be directed to contact@calibrr.com.

8. Content Removal by Calibrr; Discontinuation of Services. We may remove your User Content, or suspend or terminate your Account, if we believe it violates these Terms, any policies posted on our Website or Mobile App, or we are permitted to do so by law. We may change, suspend, or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice

provided to you.

9. Deleting Your Account. You may request to delete your Account at any time by contacting contact@calibrr.com. Please indicate in the subject line and the body of the email your intent to permanently delete your Account and remove your User Profile from the Calibrr network. Calibrr will respond within five (5) business days with confirmation that your Account has been removed.

10. Calibrr Prime Subscription. Subscribing to Calibrr Prime grants you access to link your Youtube Channel, Twitch Channel, Website, Email, Resume/Cover Letter, LinkedIn, Contact Information, Website, and Email to your Calibrr Prime account for the low price of $4.99 per month. Your Calibrr Prime subscription will automatically renew, unless you cancel at least 24 hours before the end of your current subscription period. You will be charged for auto-renewal of your Calibrr Prime account within the 24 hours prior to the end of your current subscription period. As the user, you can manage the details of your subscription within Calibrr, under ‘Settings.’ Any unused portion of a free trial of Calibrr Prime, if offered, will be forfeited when the user purchases an official, paid subscription of Calibrr Prime. The Payment will be charged to your iTunes Account upon confirmation of your subscription to Calibrr Prime.

11. Third Party Content, Links. This Website, the Mobile App, and our Services may contain links to other sites and resources provided by third parties, which are provided for your convenience only. Calibrr has no control over the content of third party sites or resources, and Calibrr accepts no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or content, you do so entirely at your own risk. Links to third party websites or content on this Website do not in any way imply Calibrr’s endorsements of such third party products or services, and these Terms in no way create any

legal relationship between you and the provider of such third party content. Calibrr shall have the right, at any time, to block links to this Website, the Mobile App, or the Services at any time without prior notice.

12. Disclaimer Regarding Use of Mobile Devices. Use of the Mobile App and the Services may be available through a compatible mobile device, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees, as well as the terms of your agreement with

your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE

SERVICES.

13. Disclaimer of Representations and Warranties. THE WEBSITE, MOBILE APP, SERVICES, AND ANY MATERIALS MADE AVAILABLE THROUGH OR IN

CONNECTION WITH THE WEBSITE, MOBILE APP, SERVICES, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST BEAR ALL RISK ASSOCIATED WITH THE USE OF THE WEBSITE, MOBILE APP AND SERVICES. NEITHER WE NOR ANY THIRD PARTY PARTNERS PROVIDE ANY WARRANTY OR GUARANTY AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND

OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU

ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT POSSIBLE BY LAW. NEITHER CALIBRR NOR ANY OF ITS THIRD PARTY PARTNERS REPRESENT, WARRANT, OR COVENANT THAT THE MOBILE APP OR THE WEBSITE WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE. CALIBRR FURTHER MAKES NO WARRANTY THAT THE MOBILE APP OR THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN

CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, MOBILE APP, AND SERVICES IS AT YOUR SOLE RISK AND THAT CALIBRR, ITS AFFILIATES, AND THEIR THIRD PARTY PARTNERS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST CALIBRR FOR DISSATISFACTION WITH THE WEBSITE, MOBILE APP, SERVICES OR THE CONTENT THEREIN IS TO CEASE

YOUR USE OF THE WEBSITE AND/OR THE CONTENT.

14. Limitation of Liability. CALIBRR SHALL NOT BE LIABLE FOR ANY

INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR

USE OF THE WEBSITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, CALIBRR WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE MOBILE APP, WEBSITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE MOBILE APP OR WEBSITE, OR IN CONNECTION WITH THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE MOBILE APP, WEBSITE OR

SERVICES IS TO STOP USING THE MOBILE APP, WEBSITE, OR SERVICES. THE MAXIMUM LIABILITY OF CALIBRR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CALIBRR TO ACCESS AND USE THE MOBILE APP, WEBSITE, OR SERVICES.

15. Indemnification. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS CALIBRR LLC, EACH OF ITS AFFILIATES AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND REPRESENTATIVES FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OR RESULTING FROM (I) YOUR USE OR MISUSE OF THE CALIBRR MOBILE APP, WEBSITE OR SERVICES OR (II) ANY BREACH OR ALLEGED BREACH OF THESE TERMS OF USE BY YOU.

16. Termination. This Agreement is effective until terminated by you or Calibrr. Calibrr may terminate your access to or use of the Mobile App, Website and the Services, at any time and for any reason. Upon any such termination, Calibrr may immediately discontinue your access to your Account, the Mobile App, the Website, and the Services. Calibrr may immediately remove your Login Credentials and User Profile, without prior notice, and deactivate your Account. You agree that Calibrr shall not be liable to you or any third party for any termination of your access to the Mobile App, Website or the Services, and shall not be required to make any of the Services or the information and content contained therein available to you post registration.

17. Governing Law and Arbitration. This Agreement is governed by the laws of the State of Ohio, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. At its sole discretion, Calibrr may require you to submit any disputes arising from use of the Website, Mobile App, or Services, or breach of these Terms of Use, including disputes

arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Mobile App, the Website, and the Services, you hereby consent to submission of any dispute to final and binding arbitration.

18. Waiver and Severability. You agree that if Calibrr does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of Calibrr’s rights and that those rights or remedies will still be available to Calibrr. All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms. If any part of these Terms are determined to be invalid or unenforceable, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms represent the entire understanding and agreement between you and Calibrr regarding the subject matter of the same, and supersede all other previous agreements.

19. How to Contact Us: To send us notice, inquiries, or service of process, or to report conduct that violates these Terms, please contact us at

contact@calibrr.com

 Calibrr, LLC (collectively with its subsidiaries, “Calibrr,” “we,” “us,” and “our,”) respects your privacy and is committed to protecting your privacy through our compliance with this privacy policy (the “Policy”). This Policy should be read in conjunction with our Terms of Use, into which this Policy is incorporated by reference. This Policy describes:

-The types of information we collect from you or that you may provide when you use the Calibrr mobile application (the “App”) or visit our website available at: https://calibrr.com/ (the “Website,”) as well as any websites and blogs directly owned by Calibrr.

-Our practices for collecting, using, maintaining, protecting, and disclosing that information. 

Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our App or Website. By using our App or Website, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of our App or Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

What We Collect and How We Collect It

To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy.

Information You Provide to Us 

Personal Information is any information that can be used to individually identify you from a larger group, such as data including, but not limited to, your: first and last name, email address, date of birth, your city/state, education, greek life information, hobbies, interests, your choice of study, major, minor, occupation, political affiliation, religious affiliation, your sexual orientation, gender, pronouns,  your relationship status, clubs, teams, and organizations you are a member of, your image or likeness, comments or messages provided in free text boxes, and any and all links your attach to your profile.

You may provide us Personal Information when you request information, register yourself with the App, update your profile within the App. The information that you provide in each case will vary. In some cases, we may ask you to create a username and password that should only be known to you. 

Automated Information Collection 

In addition to the information that you provide to us, we may also collect information about you during your visit to our Website or use of our App. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages or screens you have viewed, and the actions you have taken while using the Website. Some of the tools we use to automatically collect information about you on the Website may include:

(a) Cookies. A “cookie” is a small data file transmitted from a website to your computer’s hard drive. Cookies are usually defined in one of two ways, and we may use both of them: (1) session cookies, which do not stay on your computer after you close your browser, and (2) persistent cookies, which remain on your computer until you delete them or they expire.

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.

(b) Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails. We may also use them to track if you click on the links and at what time and date you do so. Some of our third-party marketing

partners may use Web Beacons to track your interaction with online advertising banners on the Website. This information is only collected in aggregate form and will not be linked to your Personal Information. Please note that any image file on a webpage can act as a Web Beacon.

(c) Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows us to understand how the link is being used by email recipients. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached

to the Personal Information that we hold about you. This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

Do Not Track Disclosure

Other than as disclosed in this Policy, the Website does not track users over time and across third-party websites to provide targeted advertising. Therefore, the Website does not operate any differently when it receives Do Not Track (“DNT”) signals from your internet web browser.

Your Choices and Selecting Your Privacy Preferences

The App provides you with the opportunity to select your privacy preferences. Fundamentally, you have the ability to pick and choose which social media profiles you make available for others to see. Some fields available in your profile are required, but others are not. Remember that what you enter into your profile could be viewed by others. 

The App also features a Ghost Mode option. Ghost mode will exclude you from the results of anyone searching for Calibrr users within the geographic area. You can also choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings or by not using any “use current location” feature within the App. If you block the use of location information, some parts of the App may then be  inaccessible or not function properly.

We may use the information we collect about you to provide you with information about other Calibrr users and to provide other Calibrr users with information about you, including via push notifications to Calibrr users’ mobile devices. If you do not wish to receive such notifications, you may disable this function in the privacy settings within your mobile device.

 We want to provide you with relevant information that you have requested. If we ever provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Any transactional or service- oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing. 

We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information. After you request to receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.

Any such communications you receive from us will be administered in accordance with your preferences and this Policy. 

Accuracy and Access to Your Personal Information

 We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing. 

Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it. 

To view and change the Personal Information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance. 

Information of Minors 

We do not intentionally seek to gather information from individuals under the age of thirteen. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet.

How We Use Your Information 

The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to: Assisting you with items such as personalized experiences, facilitation of product usage, and enforcement of Terms of Use, preventing malicious activity and providing you with a secure experience, providing service and support for services you request, providing marketing communications that are effective and optimized for you, keeping you up-to-date with the latest benefits available from us, preventing unwanted messages or content, measuring the performance of our marketing programs, contacting you about services and offers that are relevant to you. 

How We Share Your Information

We do not sell or lease your information to any third party. We may disclose your Personal Information to our trusted third-party business partners in accordance with this Policy. We work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us. We will share your Personal Information with these third parties in order to fulfill the service that they provide to us. These third-party partners are under contract to keep your Personal Information secure and not to use it for any reason other than to fulfill the service we have requested from them. 

California Residents: We will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent. 

Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances: Responding to duly authorized information requests from law enforcement or other governmental authorities, complying with any law, regulations, subpoena, or court order, investigating and helping prevent security threats, fraud, or other malicious activity, enforcing or protecting the rights and properties of Calibrr or its subsidiaries, or protecting the rights or personal safety of Calibrr’s employees.

There are circumstances where Calibrr may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, Calibrr will ensure your information is used in accordance with this Policy. 

Third-party Websites and Applications 

The App may link to applications and websites such as Facebook, Instagram, Twitter, LinkedIn, and YouTube. This Policy does not apply to websites, applications, or other domains that are maintained or operated by third parties or our affiliates. Our Website and App may link to third-party websites, applications, and services, but these links are not endorsements of these sites or applications, and this Policy does not extend to them. Because this Policy is not enforced on these third-party websites and applications, we encourage you to read any posted privacy policy of the third-party website or application before using it and providing any information

For Users Outside of the United States

Our App is designed for use by individuals in the United States only. We do not warrant or represent this Policy or the App’s use of your Personal Information complies with the laws of any other jurisdiction. Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours. Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.

Safeguarding the Information We Collect

 We take reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password. If you believe your credentials have been compromised, please change your password. Please also notify us of any

unauthorized use.

Changes to this Policy

If we make any changes to this Policy, a revised Policy will be posted on this screen and the date of the change will be reported in the “Last Revised” block above. You can get to this screen by clicking on the “Privacy Policy” link either at the bottom of the screen or available through the menu option.

How to Contact Us

We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us at the address listed below. 

Calibrr LLC Mailing Address: 

11711 Princeton Pike STE 341-142

Cincinnati, Ohio 45246

contact@calibrr.com

LICENSED APPLICATION END USER LICENSE AGREEMENT

The Products (as defined below) transacted through the Services (as defined below) are licensed, not sold, to You (for purposes of this license agreement, the term “You” shall mean the person to whom this license is granted, and shall include any corporation, partnership, limited liability company or other organization for whose benefit this license is accepted by such person, and the term “Your” shall have a derivative meaning) for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor, Calibrr LLC, an Ohio limited liability company (“Application Provider”), reserves all rights not expressly granted to You. 

The Product that is subject to this license (the “Product”) is referred to in this license as the “Licensed Application.”

a. Scope of License. This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable, non-exclusive license to download, install, and use the Licensed Application for your personal, non-commercial use on any mobile device that is compatible with the Licensed Application and that You own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the “Usage Rules”). You may use the Licensed Application solely for the purpose of sharing Your personal information and personal social media profiles, and viewing personal analytics and other users' profiles. This license does not allow You to use the Licensed Application on any device that You do not own or control, and 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 rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, 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 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 source components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data. You agree that Application Provider 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 (if any) related to the Licensed Application. Application Provider 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.

c. Collection and Use of Your Information. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Licensed Application or certain of its features or functionality, and the Licensed Application may provide you with opportunities to share information about yourself with others. All information the Application Provider collects through or in connection with the Licensed Application is subject to the Application Provider’s Privacy Policy (the “Privacy Policy”). By downloading, installing, using, and providing information to or through the Licensed Application, You consent to all actions taken by the Application Provider with respect to your information in compliance with the Privacy Policy.

d. Termination. The license is effective until terminated by You or Application Provider. Either You or Application Provider may terminate this license at any time, with or without reason, and without notice. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of this license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

e. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any information or location data displayed by any Services. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from Your device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability, and may require the payment of fees by You for the use of or access to certain Services.

f. 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 APPLICATION PROVIDER 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 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.

g. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER 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, VIOLATION OR INFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED  APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER 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 Application Provider’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.

h. Geographic Restrictions.  The Services are based in the state of Ohio in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

i. Export Regulation. The Licensed Application may be subject to United States export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Licensed Application to, or make the Licensed Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

j. Commercial Items. 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 are reserved under the copyright laws of the United States.

k. Governing Law; Venue; Jury Trial Waiver. The laws of the State of Ohio, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. You hereby agree that the sole and exclusive jurisdiction and venue of any action, proceeding, counterclaim, cross-claim, or other litigation relating to, involving or resulting from, or for the interpretation or enforcement of, this license (a “Subject Action”), shall lie solely in the state courts situated in Hamilton County, Ohio (the “Jurisdiction”). Accordingly, You hereby agree to submit to (a) the jurisdiction of the state courts of the Jurisdiction for such purposes, and (b) the enforcement in any appropriate jurisdiction other than the Jurisdiction of any decree, award or order entered by any court in the Jurisdiction. IN ANY SUBJECT ACTION, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY.

l. Apple-Required End User License Terms. You and Application Provider also agree to the following terms:

1. Acknowledgement: It is acknowledged by You and Application Provider that this license agreement is concluded between You and the Application Provider, and not with Apple, and Application Provider, not Apple, is solely responsible for the Licensed Application and the content thereof. In no event may the preceding provisions of this license agreement provide for usage rules for the Licensed Application that are less restrictive than the Usage Rules in effect as of the effective date of this license agreement (which Usage Rules You and Application Provider acknowledge having had the opportunity to review).

2. Scope of License: The license granted to You for the Licensed Application is limited to a non- transferable license to use the Licensed Application on any Apple device that You own or control and only as permitted by the Usage Rules.

3. Maintenance and Support: Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified herein or as required under applicable law. You and the Application Provider acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty: Application Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Application Provider’s sole responsibility.

5. Product Claims: You and Application Provider acknowledge that Application Provider, not Apple, is responsible for addressing any of Your claims or any third party claims relating to the Licensed Application or Your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. Intellectual Property Rights: You and Application Provider acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Application Provider, not Apple, will be solely responsible for the investigation, defense, settlement and

discharge of any such intellectual property infringement claim.

7. Legal Compliance: 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 any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: Application Provider’s name and agent’s address is as follows: Calibrr LLC, 425 Walnut Street, Suite 1800, Cincinnati, OH 45202, and Application Provider’s contact information to which Your questions, complaints or claims with respect to the Licensed Application should be directed is as follows: 

Telephone (unavailable), e-mail contact@calibrr.com.

9. Third Party Beneficiary: You and Application Provider acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this license agreement, and upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this license agreement against You as a third party beneficiary thereof.