CHEEKSOFT
CHEEKSOFT Dockington TUOTTEET YHTEYSTIEDOT

END-USER LICENSE AGREEMENT

Date of Last Revision: 31 Aug 2018

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, THE KNOWHERE APP AND ANY RELATED SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU ARE OBTAINING A LICENSE ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS, AND THE TERM "YOU" SHALL THEN REFER TO YOU AND YOUR ORGANIZATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE KNOWHERE SERVICES.

These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the CheekSoft website located at cheeksoft.com (the "Site") and the information and other services provided therein, and to your use of the KnoWhere app accessed through your mobile device (together the "Services"). The CheekSoft Site and KnoWhere Services are owned and operated by CheekSoft Oy (Finnish Business ID 2828271-6), located at Väinämöisenkatu 23 B 31, 00100 Helsinki, Finland (the "Company").

These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise.

Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site or the Services, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site or the Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and Services. If you do not agree to the amended terms, you must stop using the Site and the Services.

1. Privacy Policy

Please refer to our Privacy Policy for information on the Company's policies on collecting, using and disclosing personally identifiable information of its users.

2. Age Restrictions

If you are under the age of maturity in the country where you live, then you should obtain the consent of your parent or guardian prior to use of the Site or the Services. If you are a parent or guardian who has consented to your child's use of the Site or Services, then, to the fullest extent permitted by applicable law, you agree to and accept full responsibility for that child's use of the KnoWhere software and the Services, including all financial charges and legal liability that he or she may incur.

3. Safety

The Service enables others to view your real-time location on a map. It also enables you to know when you are broadcasting your location via messages sent by the Application and allows you to set a time limit for the duration of the broadcast. You should share your location or other sensitive information only with those that you trust. You should only use the Services in a safe environment and setting and not use them while driving, operating heavy equipment or other situations where your full concentration is needed.

4. Copyright and Limited License

Unless otherwise indicated, the Site, Services and all content on the Site, the Application or forwarded by the Company through the Services, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files and other files (collectively, the "CheekSoft Materials") are the property of Company and are protected by international copyright laws.

You are not allowed to resell, alter, modify, remove, copy, publish or transfer any items embodying the intellectual property rights (including without limitation logos, pictures or data). You are not allowed to use any means of data mining or automation for any data gathering or extraction of the CheekSoft Materials. Use of the Application and Services is limited to personal use only.

5. Limitation of Liability

THE SITE, THE CHEEKSOFT MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NEITHER WILL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR INJURY, LOSSES OR LOST PROFIT RESULTING FROM ANY USE OR MISUSE OF THE APPLICATION OR SERVICES OR ANY INFORMATION, MATERIALS OR DATA PROVIDED VIA THE APPLICATION OR SERVICES.

6. Mobile Services

The KnoWhere app requires the use of mobile devices and wireless services. Your network operator may charge you for the use of the Application for example in the form of data transfer cost. Please contact your mobile service provider to learn about such charges. By using the Services, you agree that the Company may communicate with you regarding the Services by SMS, text message, email or other electronic means to your mobile device or email address.

7. User Posted Content

The Site or the Services allows users to display their own content and information (the "User Content"). By using the services, you confirm that you have the full rights and ownership to use the content and agree not to post, upload or otherwise publish to the Site or the Services any of the following:

Additionally, you agree not to use the Services to harm, harass, stalk or collect personal information on anyone.

The Company disclaims all liability for any User Content posted, stored or uploaded to the Site or Services and has no obligation to screen, validate or monitor the User Content posted to the Services. The Company may at any time choose to remove offending User Content from the Site or Services. Posting User Content in violation to these terms may result in the termination or suspension of your right to use the Site or Services.

8. Registration Data and security

You agree to (a) provide accurate, current and complete information about you as may be asked by any registration forms on the Site or through the Services ("Registration Data"); and (b) promptly inform the Company of any changes to the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof or the Services using the identity or the Registration Data of any person other than yourself.

9. Contact Information

Questions or comments about the Site or the Service may be directed to Company at the email address legal@cheeksoft.com .