Term of Use

- End User License Agreement -

Effective Date: June 30, 2022.

1. Privacy Policy.
2. Eligibility.
3. Virtual Items.
4. Appropriate Use of the Services.
5. Intellectual Property; Limited License.
6. Termination; Cancellation.
7. Links to Third Parties.
8. Copyright Complaints.
9. Indemnification.
10. Limitation of Liability.
11. Governing Law; Venue.
12. General Terms.
13. Questions and Comments.

This End User License Agreement ("Agreement") is a legal agreement between you and the
developer of the App, including its affiliates, subsidiaries (collectively, “we”, “us” or “our”),
governing your access to and use of the mobile application named Walk Ward along with any
revisions, updates and/or modifications thereto (the “App”),and any data, products, services and
associated materials or media supplied with the App (collectively, the “Services”).

BY CLICKING “PLAY” OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE

BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU
ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES FOR ANY PURPOSE.

1. Privacy Policy.
To learn about how we collect, use, and disclose information about you, please review the
privacy policy

2. Eligibility.
The Services are not targeted toward or intended for use by anyone under the age of eighteen
(18). If you are under eighteen (18) years of age, your parent or guardian must agree to this
Agreement (both for themselves and on your behalf) before you can use the Services. By using
the Services, you represent and warrant that you (a) are eighteen (18) years of age or older, (b)
have not been previously suspended or removed from the Services, or engaged in any activity
that could result in suspension or removal from the Services, and (c) have full power and
authority to enter into this Agreement and in so doing will not violate any other agreement to
which you are a party.
3. Virtual Items.
The Services may include virtual currency, such as coins, points, puzzles or other virtual item
that may be earned or obtained through the Services, subject to applicable law (collectively, the
“Virtual Items”). We reserve the absolute right, at any time and at our sole discretion, to
manage, regulate, control, modify or eliminate Virtual Items as we deem fit, and we shall have
no liability to you or any third party for the exercise of such rights. You have a limited, personal,
revocable, non-transferable, non-sublicensable license to use solely within the Services the
Virtual Items that you have earned, purchased or otherwise obtained in a manner authorized by
us. You have no other right, tile or interest in or to any such Virtual Items appearing or
originating in the Services.

You hereby acknowledge and agree that the transfer of Virtual Items is strictly prohibited except
where expressly authorized in the Services. Outside the Services, you shall not sell, redeem or
otherwise transfer any Virtual Item to us, any other user or any other party.

You acknowledge and agree that upon termination of the Services for any reason, including
upon our discontinuation of the Services or applicable portion thereof for any reason, all Virtual
Items will be forfeited, and we will have no liability to you in connection therewith.

4. Appropriate Use of the Services.

You agree to use the Services in accordance with all applicable local, state, national and foreign
laws, treaties and regulations. You will not violate any contract, intellectual property or other
third-party right or commit a tort, and you are solely responsible for your conduct while
accessing or using our Services.
In addition, without limitation, you will not, directly or indirectly, do any of the following while
using or accessing the Services:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit
other users from fully enjoying our Services or that could damage, disable, overburden or impair
the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code
or bypass or circumvent measures employed to prevent or limit access to any part of our
Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any
feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior
written consent, including any scripts designed to scrape or extract data from our Services;
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote
any activity that violates this Agreement.

5. Intellectual Property; Limited License.

The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks,
trade names, service marks, logos, slogans and other content contained therein (collectively, the
“Our Content”) are owned by or licensed to us and are protected under both United States and
foreign laws. Except as explicitly stated in this Agreement, we and our licensors reserve all
rights in and to our Services and Our Content.
We hereby grant you a limited, revocable, non-transferable, non-exclusive and
non-sublicensable license to access and use the Services and Our Content; provided, however,
that such license is subject to this Agreement and does not include any right to:
(a) sell, resell our Services and Our Content;
(b) copy, reproduce, distribute, publicly perform or publicly display Our Content, except as
expressly permitted by us or our licensors;
(c) modify Our Content, remove any proprietary rights notices or markings, or otherwise make
any derivative uses of our Services and Our Content;
(d) use any data mining, robots or similar data gathering or extraction methods; and
(e) use our Services and Our Content other than for their intended purposes.
Any use of our Services and Our Content other than as specifically authorized herein, without
our prior written permission, is strictly prohibited and will terminate the license granted herein.

6. Termination; Cancellation.
We may change the Services, and Our Content at any time. We may discontinue offering our
Services, and we may suspend or terminate your right to use our Services at any time, in the
event that you breach this Agreement, for any other reason, or for no reason at all, in our sole
discretion, and without prior notice to you. All licenses and other rights granted to you by this
Agreement will immediately terminate upon termination of your right to use our Services or our
termination of the Services. This Agreement will survive and continue to apply after any
suspension, termination, or cancellation, except that your access rights and other rights as a
user will be suspended, terminated or cancelled, respectively.

7. Links to Third Parties.

The Services may contain links to websites, applications or other products or services operated
by other companies ("Third Party Services"). We do not endorse, monitor, have any control over
or be responsible for these Third Party Services, which may have separate terms of use and
privacy policies. Your dealings with any third parties found on or accessible through the Services
are solely between you and such third party and at your own risk for which we shall be have no
responsibility. If there is a dispute between you and any such third party, you understand and
agree that we shall be under no obligation to become involved. Your use of Third Party Services
is at your own risk, and we and our affiliates will not be liable for any of losses arising out of or
relating to Third Party Services.

8. Copyright Complaints.
We respect your intellectual property rights of any kind. If you believe that your intellectual
property rights have been infringed by the Services, you may notify us by sending emails to
[email protected]
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note
that if you knowingly misrepresent that any activity or material on our Services is infringing, you
may be liable to us for certain costs and damages.
9. Indemnification.
You will indemnify, defend, and hold harmless Our Parties from and against any and all claims,
causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to,
reasonable attorneys’ fees and expenses) arising out of or relating to any of the following
matters:
(1) your access to or use of the Services, or Our Content;
(2) your violation of any of the provisions of this Agreement;
(3) any activity related to your registration by you or any other person accessing the Services
through your device, including, without limitation, negligent or wrongful conduct;
(4) your conduct in connection with our Services; or
(5) your violation of any third-party right, including, without limitation, any intellectual property
right, publicity, confidentiality, property or privacy right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will cooperate with us in
asserting any available defenses.

10. Limitation of Liability.

IN NO EVENT WILL WE, OUR LICENSORS, AFFILIATES, AND OUR RESPECTIVE

OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND
REPRESENTATIVES, (COLLECTIVELY, “OUR PARTIES”) BE LIABLE TO YOU FOR ANY
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST
PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH
THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT
NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE
OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SERVICES, OR OUR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
IN ADVANCE.

IF YOU ARE DISSATISFIED WITH THE SERVICES, OUR CONTENT, OR THIS AGREEMENT,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF
THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE
CUMULATIVE LIABILITY OF OUR PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID US
TO ACCESS OR USE THE SERVICES IN THE MOST RECENT THREE-MONTH PERIOD, OR
(II) $50.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS,
SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT
WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW.

11. Governing Law; Venue.

This Agreement and our relationship with you will be governed by the laws of the State of
California, excluding its choice of laws rules. You and we each irrevocably agrees that any
Dispute between the parties shall be resolved on an individual basis exclusively in the U.S.
District Court for the Northern District of California, or the state courts located in Santa Clara
County, California. You and we each irrevocably consents to the personal jurisdiction of these
courts and waives any and all objections to the exercise of jurisdiction by these courts and to
this venue. Notwithstanding the foregoing, however, you and we agree that we may commence
and maintain an action or proceeding seeking injunctive or other equitable relief in any court of
competent jurisdiction. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other provisions of the
Agreement remain in full force and effect.

12. General Terms.

Severability: If any provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions, which shall remain in full force and effect.

Waiver: A provision of this Agreement may be waived only by a written instrument executed by
the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or provision.

Independent Contractor: You agree that no joint venture, partnership, employment, or agency
relationship exists between you and us as a result of this Agreement or use of the Services.

Entire Agreement: This Agreement constitutes the entire agreement between you and us
relating to your access to and use of the Services.

Headings: The heading references herein are for convenience purposes only, do not constitute
a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

13. Questions and Comments.

If you have other question or suggestion concerning the Services or this Agreement, please
contact us via [email protected].