Terms of Use and End User License Agreement for PDF Editor & Scan: DocKit

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all thedocumentsreferred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your”or “user”)and Nadezhda Belozerova (“we,” “us” or “our”), concerning your access to and use of PDF Editor & Scan: DocKit software application(s) designed for mobile devices (the “App”). The title of the App may vary in countries and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install or use the App.

It is important that you read and understand this Agreement as by downloading, installing or using the App youindicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date onwhich you download, install or start using the App. By using the App you agree to abide by this Agreement.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of theprovisions of this Agreement, you are not authorized to, and you may not access, download, install or use theApp and you must promptly discontinue downloading, installing the App and remove (delete) the App from anymobile device in your possession or under your control.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must reach the age of majority or legal age in yourapplicable jurisdiction (i.e. in most jurisdictions you must be at least eighteen (18) years of age or older).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must havethe permission of, and be directly supervised by their parent or guardian to use the App, so if you arebetween the ages of thirteen (13) and seventeen (17) years and you wish to download, install, access or usethe App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have readand agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have thepower to enter a binding contract with us and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility ofparents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the App by theirminors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) years is not permitted to download, install, access or usethe App.

You affirm that you have either reached the age of majority or legal age in the applicable jurisdiction, oryou are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competentto enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth inthis Agreement, and to abide by and comply with this Agreement.

IV. GENERAL TERMS

The App is a utility program designed to enhance your device experience. The App allows to scan any types ofdocuments and export them as the most common file formats such as PDF, JPG, DOC, XLS, PPT, or TXT; edit scansusing color correction and other features; share your scans via email, upload them to cloud services; mark updocuments, extract text fragments, cover and blur unwanted text; sign your scans, protect them bylocking folders and files with PIN; merge several documents into one or split a file by pages; keep your filesin a secure cloud within your personal account, sync items and folders in real time. You may also have anopportunity to use AI-powered features available within the App for different purposes, for example, in order toenable you to rewrite, translate and proofread digital documents. See the full description of availablefeatures for the App on the corresponding App’s product page on the Apple App Store or on play.google.com.

The App is intended only for your personal non-commercial use. You shall use the App only for thepurposes mentioned above.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developedthe Privacy Policy in order for you to understand how we process,use and store information including personal data. Access to the Appand use of the Services are subject to the Privacy Policy. Byaccessing the App and by continuing to use the Services, you aredeemed to have accepted the Privacy Policy, and in particular, youare deemed to have acknowledged the ways we process your informationas well as appropriate legal grounds for processing described in thePrivacy Policy. We reserve the right to amend the Privacy Policyfrom time to time. If you disagree with any part of the PrivacyPolicy, you must immediately stop using the App and Services. Pleaseread our Privacy Policy carefully.

VI. END USER LICENSE AGREEMENT WITH RESPECT TO THE APP. USER CONTENT, FEEDBACK. THIRD PARTY COMPONENTS INTEGRATED INTO THE APP

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP

Note that this subsection “INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP” does not applyto User Content (as defined below in subsection “USER CONTENT” of thisAgreement). The regulations regarding User Content are set forth in this Section VI belowunder the subtitle “USER CONTENT”, and partially in Sections VII, XI, XII of the Agreement.

By using the App, you undertake to respect our intellectual property rights(intellectual rights related to the App’s source code, UI/UX design,content material, copyright and trademarks, hereinafter referred toas the “Intellectual Property Rights”) as well as those owned bythird parties.

As long as you keep using the App, we grant you a limited,non-exclusive, non-transferable, non-sublicensable, non-assignableand revocable license to access and use the App pursuant to thisAgreement (the “License”).

The source code, design and content, including information,photographs, illustrations, artwork and other graphic materials,sounds, music or video (hereinafter – the “works”) as well as names,logos and trademarks (hereinafter – “means of individualization”)within the App are protected by copyright laws and other relevantlaws and/or international treaties, and belong to us and/or ourpartners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied,reproduced, retransmitted, distributed, disseminated, sold,published, broadcasted or circulated whether in whole or in part,unless expressly permitted by us and/or our partners and/orcontracted third parties, as the case may be.

All rights, title and interest in and to the App and its content,works and means of individualization as well as its functionalities(1) are the exclusive property of Nadezhda Belozerova and/or our partnersand/or contracted third parties, (2) are protected by the applicableinternational and national legal provisions, and (3) are under nocircumstances transferred (assigned) to you in full or in partwithin the context of the license herewithin.

We will not hesitate to take legal action against any unauthorizeduse of our trademarks, names or symbols to protect and restore ourrights. All rights not expressly granted herein are reserved. Otherproduct and company names mentioned herein may also be thetrademarks of their respective owners.

USER CONTENT

For the purposes of the present Agreement the term “User Content” shall be interpreted andrefer to any of the following categories of content:

- any of the documents, files, images, pictures or other data that you upload to the App, and/or that you create, scan, edit, store using the App, including but not limited to Files associated with your User Account;
- User Content related to AI-powered features, i.e. both (i) the content of documents, the text of your request(s), other information that you provide as an Input and (ii) the content that you receive on the basis of your Input as an Output using AI-powered features available within the App;
- User Photos for improving machine learning (ML) algorithms, i. e. photos that you submit, create and store in the App (in-app photos) and for which you have granted the relevant permission to process and use them for improvement of our AI algorithms (applicable if you choose to activate “Improve AI Tools”/”Improve recognition” or analogous option of the Settings of the App).

License grant with respect to User Content. We do not claim ownership in your UserContent. However, in order to be able to provide you with the App features, we need to obtainspecific limited purpose licenses and permissions with respect to certain portions of your UserContent. In particular, by using the corresponding App feature(s) you hereby grant to us, as wellas to our successors, affiliates, agents, assigns or to anyone authorized to act on our behalf, anon-exclusive, worldwide, time-limited (i.e. limited to a period of time necessary to fulfill the purposes oflicense grant), royalty-free, sublicensable, transferable, limited purpose license and permission to:

reproduce, process, store the Files associated with your User Account using the services of our cloud storage provider (Amazon Web Services, Inc.) in order to enable you to use the cloud storage functionality, sync your files in real time and access them from any device, platform (iOS, Android, web). This permission with respect to Files associated with your User Account is relevant and applicable only if you have an active User Account that can be registered within the App;
reproduce, process, analyze, share your Input with our AI services providers and their affiliates for the purposes of providing you with and maintenance of AI-powered features available within the App. You’ll own the Output that you rightfully received on the basis of your Input using AI-powered features. This means that, subject to your compliance with the terms of this Agreement (inter alia, Sections VI and VII), you may use the Output at your own discretion, at your sole risk and under your sole responsibility. Please bear in mind that a set of prohibitions and restrictions apply with respect to all your User Content related to AI-powered features (i.e. for both Input and Output). To learn more details regarding such prohibitions and restrictions, please review Section VII of this Agreement carefully (subsection “ADDITIONAL REGULATIONS APPLICABLE TO THE USE OF AI-POWERED FEATURES”);
reproduce, store, process, edit your User Photos for improving machine learning (ML) algorithms in an effort to improve our own AI algorithms (i.e. border detection algorithm, signature recognition and other recognition features).

Please also note that in addition to the above mentioned limited purpose license and permissions, inexceptional cases and if technically possible we or our service providers acting on our behalf may use somecategories of your User Content when it is strictly necessary to enforce the present Agreementor in order to comply with applicable law or a legally binding order of a governmental body.

For the avoidance of doubt, you hereby acknowledge and accept that you provide us with the above mentionedLicense grant with respect to User Content without the requirement to make any payment orcompensation to you or to any third party. You also hereby agree that you will not pursue or demand from us,our successors, affiliates, agents, assigns or from anyone authorized to act on our behalf any charges or feesin relation to the copyrights in and to your User Content.

FEEDBACK

You may, but are not required or obligated to, provide some feedback, comments, recommendations, featurerequests, review, bug reports, ideas or suggestions related to the App (“Feedback”) via email or by other means. Note that by providing Feedback in any form, you hereby agree to grant us and ouraffiliates a perpetual, worldwide, royalty-free, sublicensable, transferable, irrevocable rights and licenseto use, reproduce, publicly display, modify, create derivative works of, or otherwise exploit such Feedbackwithout restriction and without any obligation to you (inter alia, without obligation to reimburse, compensateor credit you). For example, your Feedback may be incorporated into or otherwise used for the development orimprovement of the App or for our other products and services.

Also bear in mind that any Feedback, even if designated as confidential by you, shall not create anyconfidentiality obligation for us.

OPEN SOURCE COMPONENTS

The App may use third party components made generally available under open source licenses (“Open Source Components”).

THIRD PARTY SERVICES USED IN THE APP TO SUPPORT AI-POWERED FEATURES

The App may use third-party AI services in order to provide you with AI-powered features. Therefore, if you use AI-powered features, you must pay specialattention to and carefully examine the relevant provisions contained in Sections VI (subsection “USERCONTENT”), VII (subsection “ADDITIONAL REGULATIONS APPLICABLE TO THE USE OF AI-POWEREDFEATURES”), XI and XII of the Agreement.

VII. PROHIBITED BEHAVIOUR

GENERAL RESTRICTIONS AND LIMITATIONS RELATED TO THE USE OF THE APP

You agree not to use the App in any way that:

is unlawful, harmful, illegal or unauthorized;
is defamatory of any other person;
is obscene or offensive;
infringes, misappropriates or violates any copyright, database right or trademark of any other person;
advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not make the App available to any third parties. Inaddition, you shall not modify, translate into other languages,reverse engineer, decompile, disassemble or otherwise createderivative works from the App or any documentation concerning theApp.

You shall not transfer, lend, rent, lease, distribute the App, oruse it for providing services to a third party, or grant any rightsto the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the Appis prohibited.

You shall not copy and/or duplicate and/or distribute and/or publishand/or use any content in the App, directly or indirectly, by way ofa violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the App or partthereof for malicious intentions.

Also we are not responsible for the way you use the App.

It is clarified that we may adopt, against a user who violated thepresent Agreement, any legal measures at our disposal pursuant tothe applicable laws.

ADDITIONAL REGULATIONS APPLICABLE TO THE USE OF AI-POWERED FEATURES

When you use AI-powered features available within the App you must strictly adhere to the following set ofrules and restrictions. Inter alia, it is strictly prohibited to provide Input which contains anycontent that:

expresses, incites, or promotes hate based on race, gender, ethnicity, religion, nationality, sexual orientation, disability status, or caste;
includes violence or serious harm towards any target;
promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders;
meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness);
depicts death, violence, or physical injury;
includes material or information that requires a government license for release or export;
infringes, compromises the privacy of any person;
includes any third party copyrighted, trademarked or other protected material in respect of which you don’t have the relevant rights, licenses, permissions or authorizations necessary to provide them as Input to the App;
constitutes confidential information you don’t have relevant permission to use and process;
may serve as a basis for generation of allegedly infringing Output;
is not compatible with the terms of applicable third-party AI service provider usage policies;
otherwise may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that violates any local, state, national or international law.

Additionally, you must comply with the following rules when you use any Output generated on the basis of yourInput as a result of using AI-powered features:

don’t represent that Output was completely human-generated when it was not;
ensure that your use of the Output does not violate applicable laws or the terms of the present Agreement;
don’t use the Output in a manner that infringes, misappropriates, or otherwise violates any third party’s rights (including but not limited to copyrights, trademark, publicity, privacy rights);
don’t repurpose or distribute the Output in relation to illegal activities or to harm others – for example, don’t share the Output to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others, development or use of weapons, illegal substances, goods or services;
don’t use the Output to develop any AI models that compete with our service providers’ products and services.

Note that your violation of any prohibition, restriction or other rule contained in this Section VIIof the Agreement may result in suspension or termination of your User Account and/or your access to theApp.

If you reasonably believe that your User Account and/or access to the App was suspended or blocked bymistake, please contact us via email to exercise your right to appeal.

VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible device, and Internet access.

The App designed for iOS is available on the Apple App Store for downloading and installing on compatiblemobile devices running Apple iOS Operating System with compatible versions. The App designed for Android is available on the Google Play Store for downloading and installing on compatible mobiledevices running Android with minimum system requirements.

We do not warrant that the App will be compatible with all hardware and software which you may use.

We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge that the App is provided via the Internet and mobile networks and so the quality andavailability of the App may be affected by factors outside our reasonable control.

The version of the App may be upgraded from time to time to add support for new functions and services.

We may change or update the App and anything described in it without noticing you. If the need arises, we maysuspend access to the App, or close it indefinitely.

You also warrant that any information that you submit to us is true, accurate and complete, and you agree tokeep it actual at all times.

IX. CHARGES

The App is available for download free of charge, i.e. you maydownload/install it for free and get access to a limited scope of its basic features.

Access to some additional Services and features within the App (“Premium subscription features”) requiresIn-App Purchases, in particular, paid subscriptions.

Information about subscription plans available for purchase inthe App. The information about available subscription plans will be shown to you within the App.Details about the subscription plan you have chosen (inter alia, the duration of subscription billing period(billing cycle), the amount of recurring subscription fee, other information) will be presented to you beforethe confirmation of purchase and/or subscription activation.

Free trials (if applicable). Some subscription plans inthe App may offer you to try Premium subscription features at no charge for a specified free trial period. Ifyou activate a subscription with an available free trial, note that after expiration of the applicable freetrial period your auto-renewable paid subscription will start and you will be charged automatically eachsubscription billing period unless you cancel your subscription. If you want to prevent the start ofcharging and automatic transition to a paid subscription, make sure that you cancel your subscription with afree trial at least twenty-four (24) hours before the trial period ends. Premium subscriptionfeatures are available during the whole free trial period, however, once you cancel your free trial, you willlose access to Premium subscription features.

Subscription auto-renewals. All subscriptions availablefor purchase within the App are auto-renewable. It means that during the 24-hour period before thecurrent billing cycle for the applicable subscription plan ends, such subscription plan will renewautomatically for the next billing cycle (weekly, monthly, annually, within another applicableperiod), and you will be charged automatically on an ongoing basis unless you turn off subscriptionauto-renewal. Therefore, to prevent the auto-renewal of your subscription plan for the next billingcycles and withdrawal of funds, make sure that you cancel your subscription at least twenty-four (24) hoursbefore subscription renewal date, i.e. at least twenty-four (24) hours before the current billing cycleends.

Payment method. If you purchase a subscription in the Appfor iOS devices through the Apple App Store, all payments for subscriptions will be charged to the paymentmethod used with your Apple ID and submitted at the time of purchase confirmation and/or subscriptionactivation. If you purchase a subscription in the App for Android devices through the Google Play Store, allpayments for subscriptions will be charged to the payment method from your Google account submitted at thetime of purchase confirmation and/or subscription activation. All purchases of subscriptions that are offeredin the App are billed through the In-App Purchase systems of the Apple App Store or the Google Play Store(depending on which App (for iOS or Android devices) you use to purchase a subscription).

Subscription cancellation. To turn off auto-renewal ofany subscription purchased in the App for iOS devices through the Apple App Store, follow the relevantinstructions from the Apple support resources. To turn offauto-renewal of any subscription purchased in the App for Android devices through the Google Play Store,follow the relevant instructions from Google support resources. When you cancel a subscription you’ll still be able to use Premium subscriptionfeatures for the reminder of the current subscription billing period you’ve already paid. The cancellationgoes into effect after the current subscription billing period has passed. In any event bear in mind thatcancellation of subscription auto-renewal must be made on time: in order to avoid being automatically charged,you need to cancel the subscription at least twenty-four (24) hours before the end of the free trial or thecurrent subscription billing period.Also note that removing the App from your device and/or deletion of your User Account does not deactivate,suspend or cancel your subscription. If you delete your User Account, the subscription remains activewithin the platform where it was initially purchased until you choose to cancel it following the relevantinstructions for subscription cancellation.

Refunds. In some cases (when you meet all eligibilityrequirements) Apple or Google may give refunds with respect to purchases made through the Apple App Store orthe Google Play Store correspondingly. To learn more details about the rules applicable to refunds on theApple App Store or the Google Play Store, please review the Apple or Google support resources.

You may be charged by your communications service provider for downloading and/or accessing the App on yourmobile phone or tablet device, so you should check the terms of agreement with your operator. This may includedata roaming charges if you download / access / use the App outside your home territory. All these charges aresolely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then weassume that you have the permission from the person that does it before incurring any of these charges.

X. THIRD PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and contractedthird parties to provide you certain services. We have no controlover and accept no responsibility for the content of any website ormobile application to which a link from the App exists (unless weare the provider of those linked websites or mobile applications).Such linked websites and mobile applications are provided “as is”for your convenience only with no warranty, express or implied, forthe information provided within them.

You acknowledge that you must comply with applicable third partyterms of agreement when using the App. You are solely responsiblefor and bear all risks arising from your use of any third-partywebsites or resources.

If you have any queries, concerns or complaints about such thirdparty websites or mobile applications (including, but not limitedto, queries, concerns or complaints relating to products, orders forproducts, faulty products and refunds) you must direct them to theoperator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOURSOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION,SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “ASAVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICALCOMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE,PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOTWARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILLBE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BECORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICEAVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARENOT RESPONSIBLE FOR BREACHES OF INDIVIDUAL’S PRIVACY AS A RESULT OFYOUR MISUSE OF THE APP.

WE DO NOT WARRANT A 100% QUALITY AND ACCURACY OF SCANS, MEASUREMENTS AND CALCULATIONS YOU MAKE WITHTHE HELP OF THE APP.

IF YOU USE AI-POWERED FEATURES AVAILABLE WITHIN THE APP YOU ALSO HEREBY ACKNOWLEDGE AND ACCEPT THAT THE USE OFSUCH FEATURES MAY RESULT IN OUTPUT THAT IS NOT FACTUALLY ACCURATE AND DOES NOT ACCURATELY REFLECT REAL PEOPLE,PLACES OR FACTS. THEREFORE, YOU AGREE AND ACCEPT THAT YOU WILL NOT CONSIDER OR RELY ON THE OUTPUT AS A SOLESOURCE OF UNDENIABLY ACCURATE INFORMATION OR AS A SUBSTITUTE OF MEDICAL, OTHER PROFESSIONAL ADVICE, DIAGNOSIS,TREATMENT OR JUDGEMENT.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHERDIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APPAND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANYCIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARYOR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVEBEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WESHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUTOF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATIONOFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THEAPP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WEARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE ORGOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP ANDITS SERVICES IN ANY COUNTRY.

You also hereby acknowledge and accept that your use of the App, its Services as well as any type ofUser Content is at your sole risk. You assume and acknowledge your full responsibilityarising out of your use of the App and/or use, other exploitation, further distribution, sharing of any typeof User Content. In addition, to the maximum extent permitted by the applicable law, youhereby agree to hold harmless and indemnify us, our successors, assigns, licensors, partners, affiliates,officers, directors, employees, legal representatives from and against any and all claims, losses, damages ofany type or nature arising out of or in connection with your use of the App and/or use, other exploitation,further distribution, sharing of any type of User Content or out of your failure to complywith the terms of the present Agreement and/or applicable laws.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in acountry that is subject to a U.S. Government embargo, or that hasbeen designated by the U.S. Government as a “terrorist supporting”country; and (ii) you are not listed on any U.S. Government list ofprohibited or restricted parties.

XIV. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by andinterpreted, construed in accordance with the laws of Thailand.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement,whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related tothis Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construedin accordance with substantive and procedural laws of Thailand, excluding and without givingeffect to its choice of law provisions; and (ii) decided by the courts of competent jurisdictionof Thailand, to the exclusion of other courts and fora.

We make no representations that the App is appropriate or available for use outside of Thailand. Those whoaccess or use the App from other jurisdictions do so at their own volition and are responsible for compliancewith local law.

If you choose to access or use the App from or in locations outside of Thailand, you are responsiblefor:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice,licenses, registrations, permits and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM USYOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITSAND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates tothe App and the Services provided by the App or this Agreement, then you and we agree to send a written noticeto each other providing a reasonable description of the dispute, along with a proposed resolution of it. Thenotice shall be sent based on the most recent contact information. For a period of sixty (60) days from thedate of receipt of the first notice from the party that initiated a dispute, you and us will engage in adialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolvethe dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XV. TERMINATION

We reserve the right to terminate this Agreement at any time at oursole discretion for any reason.

Upon any termination (a) the rights and licenses granted to youherein shall terminate; (b) you must cease all use of the App.

XVI. SEVERABILITY

If at any time any provision of this Agreement is or becomesillegal, invalid or unenforceable in any respect, that provisionshall be more narrowly construed so that it becomes legal, valid andenforceable or, if this is not possible, deleted. The other terms ofthis Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transferthe contract between you and us to any other person.

XVII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have anyquestions about this Agreement or the App, please contact us at any time by email ksusha.kha.apps@gmail.com.

Developer: Nadezhda BelozerovaEmail: ksusha.kha.apps@gmail.comJurisdiction: Thailand

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