Terms of Services

iCatchApp (provided by Digital Outdoor Holdings LLC) Mobile Application End User License

THE APPLICATION (AS DEFINED BELOW) YOU ARE DOWNLOADING OR HAVE DOWNLOADED HAS BEEN PROVIDED BY ICATCHAPP (HEREINAFTER, “WE” OR “US”). BY INSTALLING OR USING ALL OR ANY PORTION OF THE APPLICATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE APPLICATION AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION. ACCORDINGLY, YOU AND ICATCHAPP AGREE TO THE FOLLOWING: The “Application” consists of: (a) the iCatchApp mobile application, including all content, information, data, designs, code, and materials associated with the application and all derivative works of the foregoing (“Content”); and (b) any files that are delivered to you by us (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the iCatchApp mobile application. The Application is the copyrighted work of iCatchApp and may contain trademarks, service marks, trade names, and other intellectual property of iCatchApp. If you are accessing the Application via a distribution channel (“Distribution Channel”), such as the Apple App Store or the Android Marketplace, you and iCatchApp acknowledge that this Agreement is entered into between you and iCatchApp, that the Distribution Channel is not a party to this Agreement, that iCatchApp and its licensors are solely responsible for the Application and the Content, and that the Distribution Channel will not provide you any support and maintenance for the Application. The Application is also subject to our Privacy Policy, which is incorporated into this Agreement by this reference. There may also be additional terms that we present to you in connection with the Application, for example, at the time of download, that also govern your use of the Application or the Content (“Additional Terms”). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise. THE APPLICATION MAY USE LOCATION-BASED SERVICES TO LOCATE YOU. IF YOU CHOOSE TO USE THE APPLICATION, YOU CONSENT TO ICATCHAPP AND ITS THIRD PARTY PROVIDERS DETERMINING YOUR LOCATION. THE LOCATION-BASED SERVICES FEATURES ARE FOR INDIVIDUAL USE ONLY AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING BOATS OR VEHICLES, USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER SITUATION IN WHICH THE FAILURE OR INACCURACY OF THE LOCATION-BASED SERVICES COULD LEAD TO DEATH OR PERSONAL INJURY.

1. Changes to Terms We may make changes to this Agreement from time to time and we will post a copy of the updated Agreement at the iCatchApp website (www.iCatchApp.com) that will be applicable to installation or continued use after the effective date of the update. You acknowledge and agree that if you install or use the Application after the date on which the Agreement has changed, we will treat your installation or continued use as acceptance of the updated Agreement on a going-forward basis. If any future changes to this Agreement or any applicable Additional Terms are unacceptable to you or cause you to no longer be in compliance with this Agreement, you should terminate your use of the Application as provided in Section 15. You acknowledge and agree that we may completely modify, suspend, or discontinue the Application or the Content at our sole discretion and with or without notice to you. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we modify, suspend or discontinue the Application, the Application may not work as it did prior to such action, and iCatchApp will have no liability to you or any third party as a result. You agree that we may also impose limits on certain features or restrict your access to part or all of the Application or Content without notice or liability to you. We may add additional features to the Application or content that require payment, convert existing features of the Application or Content to paid services, or change the existing payment structure for the Application or Content. You agree that free access to all or a portion of the Application or Content at a point in time does not give you a right to continued free access to any or all of the Application or Content. You have no interest, monetary or otherwise, in any feature or content contained in the Application or Content.

2. Distribution Channel. Because you are obtaining the Application from a Distribution Channel, such as an app store, your download is subject to the terms of the Distribution Channel.

3. Registration Data and Privacy In order to access the services on the Application, you will require a separate account and password that can be obtained by completing our registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the Application, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into this Agreement. You may also create an account by logging in with certain social media accounts you already have. You understand that your use of an existing social media account to complete your registration is governed by the terms of use and privacy policy of that social media service. You may cancel your account at any time by logging into your account and cancelling your account within your personal account settings. You understand and agree that cancelling your account may not result in the deletion of all previously gathered personal information. For more information on how information will be stored and used, please see our Privacy Policy.

1. Payments/Returns

Registered users will have access to a free version of the Application at no charge. Users may be charged for certain in-app purchases or fee-based subscriptions. Users may complete their purchases through a Distribution Channel, such as an app store, or through the in-app store using a credit card. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within thirty (30) days of the change. By using a third party to complete your transaction, you agree to the terms of use and privacy policy of that third party.

Refunds, returns, or exchanges will be provided on a case-by-case basis, at the request of the purchaser, subject to our approval. For goods purchased through the Application, we will only issue a refund once the item has been returned and inspected. Users are required to pay for return shipping, unless otherwise indicated. You may cancel a purchase by immediately e-mailing us at any time prior to your item being shipped. You may cancel your fee-based subscription by e-mailing us or cancelling your account. Approved refunds or returns will result in a reversal of payment through the Distribution Channel or credit card that was provided when completing the transaction.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

1. Ownership

You acknowledge and agree that iCatchApp has all right, title, and interest in and to the Application, including all Content delivered through the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, servicemarks, logos, domain names, and other distinctive brand features), and iCatchApp reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions. We reserve all rights to the Application and Content, other than the limited license in Section 6 of this Agreement. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Application or Content without our permission. You also may not transfer, resell, or sublicense this limited right to use the Application. By using the Application, you agree that you will not: (a) in whole or in part, copy, photocopy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law; (b) install or use the Application on a computer or other device that is primarily used as a file server; (c) remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application; (d) use any unauthorized third party software that intercepts, “mines,” or otherwise collects information from or through the Application, unless authorized by iCatchApp in its sole discretion; (e) sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another user’s computer except as permitted hereunder; (f) intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or iCatchApp’s or its vendors’ servers or other infrastructure; or (g) facilitate, create, or maintain any unauthorized connection to the Application, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate, iCatchApp’s or its vendors’ servers; and (ii) any connection using programs or tools not approved by iCatchApp in its sole discretion.

2. Grant of a Limited

Use License. Subject to your compliance with this Agreement, we hereby grant, and you hereby accept, a limited, non-exclusive license to: (a) install the Application on any mobile device owned by you or under your legitimate control; and (b) engage in non-commercial use of the Application. All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

3. Use of the Application

When you use the Application, you may connect to our servers or our vendors’ servers. Your communication with iCatchApp is governed by the iCatchApp Privacy Policy. As part of the Application, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to you outside or inside the Application (collectively, “Push Messages”). You may control the Push Messages in your device’s or the Application’s settings. Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application. We may collect information related to your use of Push Messages. If you have registered for Push Messages, you agree to notify us of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change. The Application may allow you to enable certain GPS features on your mobile device. By using this feature, you authorize us to access GPS tracking services, wi-fi, and/or cellular triangulation to discover your location. You may turn off this feature directly through your user account and/or according to the location settings on your mobile device. By disabling your location settings on your mobile device, you may not have access to certain features or services provided in the Application. For more information on how we use your location information, see the Privacy Policy governing the Application. The Application may allow you to access and interact with third party businesses, software applications, and data services (collectively, “Third Party Businesses”). We have no control over any Third Party Businesses you may connect to using the Application and we are not responsible for the practices of any third party. You acknowledge and agree that iCatchApp is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Businesses. You acknowledge that the Application may check for updates to the Application that may be available to you.

4. Conduct on the Application Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Application. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or promotion without our express permission, or any form of lottery or gambling; (e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (f) impersonates any person or entity, including any of our employees or representatives. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Application. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Application. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with this Agreement and any other rules of user conduct for our Application, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See Section 9 below for a description of the procedures to be followed in the event that any party believes that content posted on the Application infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Application may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the Application or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites or applications, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. User’s Materials Subject to our Privacy Policy, any communication or material that you transmit to the Application or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance. We respect the intellectual property of others and we ask you to do the same. If you or any user of the Application believes its copyright, trademark, or other property rights have been infringed by a posting on the Application, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed; (c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (d) Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

iCatchApp provided by Digital Outdoor Holdings LLC 412 N Main Street #100, Buffalo, Wyoming, United States.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

1. Social Network Accounts Some features of the Application may allow you to access and connect with social networks. By linking your social network accounts, you are agreeing to the terms of use and privacy policy of applicable third party social network sites. You understand that you can edit the individual privacy settings on your social network accounts or terminate this feature by visiting the applicable social network settings page. Your interactions with these features are governed by the terms of use and privacy policy of the company providing them.

2. Participation in Promotions From time to time, the Application may include advertisements offered by Third Party Businesses. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Application. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

3. Warranty Disclaimer

ICATCHAPP DOES NOT WARRANT: (1) THAT THE APPLICATION’S FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. ICATCHAPP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APPLICATION, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.

4. Limitation of Liability/Release of Claims

ICATCHAPP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE APPLICATION, EVEN IF FORESEEABLE OR EVEN IF ICATCHAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. ICATCHAPP’S LIABILITY IN CONNECTION WITH THE APPLICATION FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR DOWNLOAD OF THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED-REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF ICATCHAPP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY ICATCHAPP, INCLUDING WITHOUT LIMITATION THE APPLICATION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. CALIFORNIA CIVIL CODE §1542 STATES: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

5. Indemnity

You will indemnify, defend, and hold iCatchApp and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the “iCatchApp Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the iCatchApp Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to iCatchApp or its vendors’ servers; your violation of this Agreement; or your violation of the rights of any other person or entity. iCatchApp reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify iCatchApp and you will cooperate with iCatchApp’s defense of these claims.

6. Termination

This Agreement is effective until terminated. You may terminate the Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Content. iCatchApp may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted in Section 6 will immediately terminate. The provisions in Sections 1-5, 7-14, 18, and 19 will survive any termination of this Agreement.

1. Export Controls

You will not ship, transfer, or export the Application or Content into any country or use the Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, “Export Laws”). In addition, if the Application or Content is identified as export-controlled under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation or a nation that has been designated by the U.S. government as a “terrorist supporting” country and that you are not otherwise prohibited under the Export Laws from receiving the Application or Content.

2. International Use

Although the Application may be accessible worldwide, we make no representation that materials on the Application are appropriate or available for use in locations outside the United States, and accessing the site from territories where the contents of the site are considered to be illegal is prohibited. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Application is void where prohibited.

1. Governing Law, Venue, and Jurisdiction

This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the State of Wyoming, except Wyomings’s conflict of law rules. This Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims, you agree to exclusive jurisdiction in the state and federal courts in Wyoming. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

2. Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with any Additional Terms. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the Application or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

3. Contact Information

If you have any questions, claims, or complaints, please contact us at support@iCatchApp.com. You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.