Terms, Conditions & End-User License Agreement (EULA)

Updated November 27th 2020

By accessing or using the Axir website, mobile application or any application or service made available by Axir (the "Service"), however accessed, you agree to be bound by these terms of Use ("Terms of Use", "Terms" "Agreement") and understand that there is no tolerance for objectionable content. The Service is owned by CatchApp Inc. ("Axir, "we", "us", "App"). Once you access, view or use the App you are going to be legally bound by these Terms. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the our Service.

Axir Rules

Your access to our Service may be terminated without warning if we believe, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of our service, you agree to be bound by this Agreement in respect to your child's use of our Service.

Types of Content

Axir is made for active people. The community is what makes Axir so fun and easy. We are working hard to show you the best content, people, events, and making sure you don't see anything that's inappropriate or spammy. These guidelines are our acceptable use policy and clarify what we do and don't allow on Axir. If you come across content that seems to break these rules, you can report it here.
Our team works hard to keep divisive, disturbing or unsafe content off Axir. Some types of content we delete, other stuff we just hide from public areas.
We remove pornographic content. We may hide nudity or erotica. We remove content that physically or sexually exploits people. We work with law enforcement to address the sexualization of minors.
We remove images that show gratuitous violence or glorify violence. We remove anything that promotes self-harm, like self mutilation, eating disorders or drug abuse.
We remove hate speech and discrimination, or groups and people that advocate either. We remove content used to threaten or organize violence or support violent organizations.
We remove attacks on private people or sharing of personally identifiable information.
We remove content used to sell or buy regulated goods, like drugs, alcohol, tobacco, firearms and other hazardous materials.
We remove accounts that impersonate any person or organization. We will remove all content that includes, is in conjunction with or alongside any Objectionable Content.
Objectionable Content includes, but is not limited to:
(i) sexually explicit materials;
(ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity;
(iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
(iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and
(v) gambling, including without limitation, any online casino, sports books, bingo or poker.

We want Axir to be high-quality and useful, so we also remove spam and other disruptive content including:
unsolicited commercial messages.
Repetitive or unwanted content. Off-domain redirects, cloaking or other ways of obscuring where an event leads.
Misleading content or behavior.

To respect the rights of people on and off Axir, please: don't infringe anyone's intellectual property, privacy or other rights. Don't do anything or post any content that violates laws or regulations. Don't use Axir's name, logo or trademark in a way that confuses people. We shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to our Service.

Your Responsibilities

Together, we are Axir. Therefore, we want to encourage a positive and diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible. If you see something that you think may violate our guidelines, please help us by reporting these users, events, Get-togerths post or pictures and from our built it report option. For clear instructions, please see our Help Center. We have a team that reviews these reports and works as quickly as possible to remove content that doesn't meet our guidelines. You may find content you don't like, but doesn't violate our Terms. If that happens, you can block the user who shared it. For clear instructions, please see our Help Center.

1. You need to be at least 18 years old to access and use the Service and are legally permitted to use the App by the laws of your home country.

2. You may not upload, display, send on or via the Service violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content.

3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account or any account rights. Axir prohibits the creation of an account for anyone other than yourself. You also represent that all information you provide or provided to Axir upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

4. You agree that you will not solicit, collect or use the login credentials of other Axir users.

5. You are responsible for keeping your password secret and secure. For any disclosure of unauthorized credential you agree to notify and contact us here.

6. You must not upload nor send private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

7. You are solely responsible for any interaction with any other users. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.

8. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

9. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

10. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, spots, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, share or display on or via the Service.

11. You must not change, modify, adapt or alter the Content or Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Axir.

12. You must not create or submit unwanted email, texts or other forms of commercial or harassing communications (a/k/a "spam") to any Axir users.

13. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.

14. You may not share, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with our Terms.

15. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Axir page is rendered or displayed in a user's browser or device.

16. You must not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

17. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other CatchApp terms.

18. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavours, such as advertising or soliciting any user to buy or sell any products or services not offered by us. Trainers may not use Axir for any purpose except with our express consent (such as for promoted profiles, events, posts, spots or other advertisements), which Axir may provide or deny in its sole discretion. We may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service.

Violation of these Terms of Use may, in Axir sole discretion, result in termination of your Axir account. You understand and agree that Axir cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Axir, we can stop providing all or part of the Service to you.

General Conditions

Axir grants you a limited, non-exclusive, non-transferable, revocable license to use Axir for your personal purposes on any Apple Branded Products that you own or control.
1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service your photos, chats, profiles, events, posts, and all other data will no longer be accessible through your account.

2. We reserve the right to refuse access to the Service to anyone for any reason at any time.

3. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

4. You may contact us for help or customer service. You agree to be respectful and kind when communicating with us. If we think your behavior is careless, offensive or threatening toward us or the Service, we reserve the right to terminate the Service or your access to the Service without prior notification.

5. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that CatchApp may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

6. The user commits to compensate Axir of every harmful consequence directly or indirectly liked to the usage of the Service.

7. The Service is not responsible for the conduct of any user both through the Service and in case of meeting. In no event shall the Service, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. Exercise common sense and your best judgment when interacting with others. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off Axir or meet in person.

8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in profiles or texts within the Service. The Service also includes third-party content that we do not control, maintain or endorse. You expressly acknowledge and agree that Axir is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

9. To access our Service you need internet connection. You agree that you are responsible for all data charges you incur through use of the Service.

10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles, events, posts and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Axir express consent).

11.By using our product, you consent to receive email and SMS notifications from us. These communications will include important information related to your account, updates, and other relevant details about our services. You have the option to opt out of receiving these notifications at any time by following the instructions provided in the messages or through your account settings.

Rights

1. You hereby grant to Axir a non-exclusive, fully paid, worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content that you post on or through the Service, subject to the Service's Privacy Policy, available in our Privacy Policy page.

2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Axir may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

4. The Service contains content owned or licensed by Axir ("Axir Content"). Axir Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Axir, Axir owns and retains all rights in the Axir Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Axir Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Axir Content.

5. The Axir name and logo are trademarks of Axir, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Axir. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Axir, and may not be copied, imitated or used, in whole or in part, without prior written permission from Axir.

6. Although it is Axir intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Axir reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Axir, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Axir encourages you to maintain your own backup of your Content. In other words, Axir is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Axir will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

7. You agree that Axir is not responsible for, and does not endorse, Content posted within the Service. Axir does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

8. Except as otherwise described in the Service's Privacy Policy, available in our Privacy Policy page, as between you and Axir, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Axir is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Axir in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Axir, and Axir will not be liable for any use or disclosure of any Content you provide.

9. It is Axir's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Axir does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Axir is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Site and App Restrictions and Access

To keep Axir secure, we ask that you please: Don't try to interfere with people on Axir or our hosts or networks, like sending a virus, overloading, spamming or mail-bombing. Don't collect or store personally identifiable information from Axir or people on Axir without permission. Don't share your password, let anyone access your account or do anything that might put your account at risk. Don't sell access to your account or username, or otherwise transfer account features for compensation. Don't access, use or tamper with our systems or our technical providers' systems. Don't break or circumvent our security measures or test the vulnerability of our systems or networks. Don't use any undocumented or unsupported method to access, search, scrape, download or change any part of Axir. Don't try to reverse engineer our software.

Third Party App Store

You aknowledge and agree that:
1. This Terms of Use are between you and CatchApp Inc. only, and not Apple, Inc. CatchApp Inc. is solely responsible for the Axir Apps and their content.
2. Apple Inc. has no obligation whatsoever to provide any maintenance and support services with respect to the App.
3. CatchApp Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
4. To the extent we are required to provide indemnification by applicable law, we, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that we or your use of our Service infringes any third party intellectual property right.
5. You must comply with applicable third party terms of agreement when using this Application.
6. Your mobile OS is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
7. CatchApp Inc., not Apple, Inc., is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

Premium Services and In App Purchase

We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees ("Premium Services"), including the ability to purchase products, services and enhancements, such as the ability to search users and events in other locations ("In-App Products"). If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the Apple App Store. Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. Your subscription to the CatchApp Inc Services will automatically renew until you decide to cancel in accordance with such terms. The terms and conditions of the App Store shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with the App Store. Premium Services may include monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription Please note that for Premium Services and In-App Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of the terms and conditions of the App Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group. Please note that for Premium Services you will be billed continuously for the subscription or service until you cancel in accordance with Premium Payment Method's terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through the App Store. Further, the CatchApp Inc, does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, CatchApp Inc, and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the App Store before you make any In-App Products or Premium Service purchases.

Creating an Event

Creating events on Axir is free. When you create an event, you have by default access to multiple options and settings. In order to enable donations for your events (Donation events), you must apply to be an Adventure Host. To apply, follow the steps and submit your application. We will review and accept or decline the application. We reserve the right to cancel an application at any time and for any reason without letting your know or giving any reason or reparation. When creating an both an event or donation event, you must fully educate and inform participants (guests) about (i) any risks inherent or incidental to the Event, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Event (including dress codes, equipment, special certifications or licenses, tickets etc.). Axir reserves the right to decide, in its sole discretion, whether an Event will be published on the Axir Platform.

Joining an Event

Axir is just a platform that connects people. Any member of the Axir platform can create and post an Event. To participate in an Event, you request to join the Event and the Organizer (Event Creator) can accept or decline your participation. Organizers can be any Axir user, coach, trainer or Adventure Host. Axir is not responsible for any physical, financial or property damage. Axir does not guarantee the participants or coach/trainer will show up to the event. Axir does not guarantee that trainers using the service are legally certified nor the veracity of the Content given or shown. In no case can Axir be responsible for any consequence of an interaction between users and trainers or coaches. Adventure Hosts do not have to be certified coaches or trainers. The main difference is that they can enable the donation feature and to suggest an amount for their service. In no case can Axir be responsible for any consequence of an interaction between users and Adventure hosts. As a participant you are responsible for your own equipment, damage or loss of equiment, as well as for suscribing to necessary insurances if needed. As a participant, uou are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to the event you are joining, (ii) obtaining any required licenses, permits, or registrations prior to joining an Event.

Hosting an event with donation - Pay What You Want

As a Host, Axir offers you the opportunity to share you skills, knowlege and experience, or other Host Service with the Axir community of guests (or participants) and suggest a donation doing it. It is easy to create an event and you are in control of how you host, accept or decline participants. You can suggest a donation amount that guests (participants) can pay if they want. They can choose to pay nothing, less or more, depending on what they want. When you accept a participant to an event, you cannot force participant to pay or donate. You are also agreeing to pay applicable fees like Axir's service fee and applicable taxes for each donation made. Axir Payments will deduct amounts you owe from your payouts, unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must (i) be consistent with these Terms, our Policies and the information provided in your event, and (ii) be prominently disclosed in your event description.

Managing Your Events

The Axir platform prodives tools that make it easy for you to set up and manage events. Your event must inclide complete and accurate inormation about your event, Host Service, donation suggestion and any rules or requirements that apply to your Guests or Event. You are responsible for keeping your Event information and content. We recommand that you obtain appropriate insurance for your Host Service and suggest you carefully review policy terms and conditions. If you supply equipment, you are solely responsible for ensuring that the Equipment used in your Event is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. You assume all risk of damage or loss to your Equipment.

Additional Event host reponsbilities

You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Event, (ii) obtaining any required licenses, permits, or registrations prior to providing your Event. As an Event Host (creator) you may terminate your event for any reason, decline or remove participants. Axir may terminate this agreement without notice and stop providing access to the Axir Platform if you materially breach this agreement and/or our other Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect Axir, its Members, users or third parties. You must provide your event in person and may not allow any third party to provide the Event on your behalf, unless authorized by Axir. We may require that you obtain your own insurance in order to create an Event on the Axir Platform. In such cases, you agree to obtain and maintain insurance required to host your event.

Disclaimers of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, Axir CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Axir NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "Axir PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Axir CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Axir OR VIA THE SERVICE. IN ADDITION, THE Axir PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE AXIR PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE Axir PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE Axir PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE Axir PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE Axir PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitations of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE AXIR PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Axir CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Axir PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Axir PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE Axir PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Axir PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Axir'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Axir PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Axir PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Axir IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Axir's request), indemnify and hold the Axir Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Axir in the defense of any claim. Axir reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Axir.

Arbitration Clause

We both agree to arbitrate. You and Axir agree to resolve any claim relating to these Terms of Use through final and binding individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, except if you opt-out or except for certain types of disputes described below:
Your or Axir's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of Your Responsabilities (see section above), above ("Excluded Disputes"), you agree that all disputes between you and Axir (whether or not such dispute involves a third party) with regard to your relationship with Axir, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Axir hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Axir will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Axir is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Axir or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Axir can require the other to participate in an arbitration proceeding. To opt out, you must notify Axir in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

1133 6th street
Santa Monica, CA 90403, USA

You must include your name and residence address, the email address you use for your Axir account or username, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Axir.

Timer Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Axir must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Modifications of Terms

We may revise these Terms from time to time. If you don't agree to the updates we make, please delete your account and stop using the Service. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Entire Agreement

1. These Terms constitute the entire agreement between you and the Service with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

2. The application is the sole and exclusive property of CatchApp Inc.

3. As a user you acknowledge to have read all our Terms and Privacy Policy conditions.

4. These Terms of Use are governed by and construed in accordance with the laws of the State of Delaware.

5. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Lastly, be sure to follow all relevant laws and regulations