Terms of Use

These Terms of Use (the “Terms”) set forth the terms and conditions applicable to and governing your access to and use of any and all website and apps, whether mobile, tablet, smart watch or otherwise, of EarnedNotGiv3n, Inc. (“EarnedNotGiv3n”, “”we,” “us,” or “our”) on which these Terms are posted, including all features, functionalities, services and content made available through such websites and apps (collectively, the “Services”). BY USING THE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREED TO THESE TERMS AND EXPRESSLY AGREE THAT THEY FORM A BINDING CONTRACT BETWEEN YOU AND EARNEDNOTGIV3N.

1. AGE

If the individual using any of EarnedNotGiv3n’s Services is under 18 years of age, these Terms and Conditions MUST be accepted (on the individual’s behalf) by the individual’s parent or legal guardian.

2. CHANGES TO THE TERMS

These Terms are subject to change, as well as the Services or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be eﬀective immediately upon that posting. Your continued use of the Services constitutes your acceptance of such changes and agreement to be bound by the modified Terms. We recommend that you review these Terms periodically when accessing or using the Services. These terms were last updated: July 1, 2024.

3. ACCESS TO THE SERVICES

The Services are not for persons under the age of 13 or for any users previously suspended or removed from the service by EarnedNotGiv3n. If you are under 13 years of age, then you must not use or access the Services at any time or in any manner. Furthermore, by accessing or using the Services, you affirm that either you are at least 18 years of age or you have been authorized to use the service by your parent or legal guardian who is at least 18 years of age. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13-years old and if you are under 18 years of age, you have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations.

The Services are intended for use by individuals who reside in the United States, or those individuals outside of the United States who, by using the Services, consent to use of the Services in accordance with United States laws. If you choose to access the Services from locations outside of the United States, you do so on your own initiative and at your own risk. By using or attempting to use the Services, you are representing to EarnedNotGiv3n that you meet the foregoing eligibility requirements and have the legal capacity to enter into and be bound by these Terms.

EarnedNotGiv3n provides you with access to certain portions of the Services free of charge, but to enjoy the full benefits of the Services, you must purchase access to the Service. In return for enjoying free or paid access to the Services, you acknowledge and agree that EarnedNotGiv3n may generate revenues, increase goodwill or otherwise increase the value of EarnedNotGiv3n from your use of the Services, and you will have no right to share in any such revenue, goodwill or value whatsoever. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless we say otherwise. You authorize EarnedNotGiv3n, or our payment processing service provider, to charge all accrued sums and taxes (as applicable) for the orders that you make and any level of Services you select to the payment method specified in your account.

EarnedNotGiv3n has no obligation to maintain the Services, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. EarnedNotGiv3n reserves the right to render the Services, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Services, in whole or in part, at any time and for any or no reason, without prior notice or liability to you.

4. YOUR ACCOUNT

Some portions of the Services may invite or require you to create an account and associated log-in credentials, and you may not be able to access certain content, features, functionalities or services of the Services without creating and logging into such an account. You agree to provide true, accurate and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occurs under your account, whether authorized by you or not. You agree to notify EarnedNotGiv3n immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, EarnedNotGiv3n reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.

5. LIMITED RIGHT TO USE THE SERVICES

Subject to your compliance with these Terms, EarnedNotGiv3n gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Services solely for your personal and non-commercial use. However, EarnedNotGiv3n does not give you any right to, and you hereby agree not to do any of the following:

Use the Services or any portion thereof for any commercial purpose or for the benefit of any other person or entity;

Use a false email address or other identifying information, impersonate any person or entity or otherwise misrepresent your relationship with EarnedNotGiv3n;

Use the Services for any unlawful purposes;

Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute any of the Services or portion thereof by any means; or

Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of the Services.

Any unauthorized use by you, or otherwise under your account or on your computer or personal device, of the Services or any portion thereof will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy EarnedNotGiv3n may have under applicable law or in equity.

6. ACCEPTABLE USE

Certain features or functionalities of the Services may permit you to upload, post or share your content, images, videos, pictures, statements and comments (collectively, “User Content”) and/or comment on or otherwise interact with other users and their postings. You are solely responsible and liable for your User Content and for your use of the Services, including your interactions with other users and any disputes or disagreements that may arise in connection therewith. User Content may not reflect our views, and EarnedNotGiv3n does not endorse any User Content that you or others provide. You acknowledge and agree that you may find your interactions with other users, as well as their User Content, objectionable, offensive or otherwise inappropriate and you shall have no right against EarnedNotGiv3n based on User Content of others, to the maximum extent permitted by law.

As a condition of your right to access and use the Services, you hereby acknowledge and agree to comply with the following rules:

Your User Content and interactions with other users must be suitable for presentation in a public forum.

User Content that you upload, post or share will not be treated as confidential and will be made available to, and may be read, collected, recorded, copied and used by, other users of the Services.

Your User Content may not contain, any personally identifiable information, including contact information, for you or any person.

You may not use the Services to bully, threaten, abuse, harass, degrade or mock any other user.

Your User Content and interactions with other users may not contain, depict, or promote any libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent (including by virtue of nudity), lewd, or otherwise inappropriate content.

Your User Content may not contain or depict, and you may not use, any symbols, words or slurs that are widely considered oﬀensive to individuals of a certain race, gender, ethnicity, religion, sexual orientation or socioeconomic group.

Your User Content and interactions with other users may not contain, depict or promote any unreasonably dangerous or reckless behavior or activity, including without limitation violence, abuse, cruelty to animals, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs or any conduct that constitutes a criminal oﬀense or gives rise to civil liability.

You must own your User Content, and you may not upload, share, post, transmit, or otherwise distribute or facilitate the distribution of any content that is fraudulent or that infringes any patent, trademark, copyright, right of publicity, or other intellectual property, privacy or proprietary right of any third party.

You may not impersonate any other individual.

Your User Content and interactions with other users may not contain, depict or promote, any advertising or commercial activity, including without limitation by oﬀering products or services, conducting sweepstakes or contests, or otherwise sharing or transmitting unsolicited advertising, spam or junk or bulk messages.

You may not use the Services to solicit or collect personally identifiable information from or about any other users.

You may not upload, share, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Services.

EarnedNotGiv3n may monitor your use of the Services, including your User Content and interactions with other users, and reserves all rights to: (1) refuse to post, or to remove, modify or take other actions to regulate, any of your User Content, in whole or in part, that we determine in our sole discretion does not comply with these Terms or is otherwise objectionable; (2) become involved in any disputes or disagreements between you and other users and to take any other actions that we determine in our sole discretion are appropriate in connection therewith; and (3) disclose your User Content and/or any information provided to or through the Services or otherwise obtained during any such monitoring, as necessary to satisfy any law, regulation or governmental request.

If you violate any of these rules or otherwise misuse the Services, EarnedNotGiv3n reserves the right to, in its sole discretion, take, or refrain from taking, any and all steps available to EarnedNotGiv3n, including suspending or terminating your access to the Services, in whole or in part, reporting you to appropriate law enforcement or governmental officials or seeking other legal or equitable remedies.

7. INTELLECTUAL PROPERTY

EarnedNotGiv3n owns the Services and all content displayed or made available on or through, or otherwise included in, the Services, including without limitation all text, video clips, audio clips, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof, but excluding any User Content (collectively, “Content”). The Services and Content are protected by applicable copyright, trademark and other applicable intellectual property rights and laws.

The Services and Content are licensed, not sold, to you, and your limited rights to access and use the Services and Content are conditioned upon your compliance with these Terms. No act of downloading or copying from, or otherwise using, the Services, even with EarenedNotGiv3n’s permission, will transfer any title, interest or right in or to any Services or Content to you. EarnedNotGiv3n hereby expressly reserves all rights not expressly granted in and to the Services and Content, and may revoke your license to use any part of the Services or Content at any time.

You will continue to own your User Content. However, by uploading, posting or sharing User Content you hereby agree to grant to EarnedNotGiv3n (including its licensees, affiliates, employees, contractors, agents, successors and assigns) a non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable, transferable and worldwide license to use, reproduce, modify, disclose, publish, publicly display, publicly perform, distribute, modify, sublicense and create derivative works of your User Content, and incorporate it into other works, in whole or in part and otherwise exploit your User Content for any purpose whatsoever anywhere in the world, without restriction or liability and without notifying or compensating you in any way, and you hereby agree to waive any and claims against EarnedNotGiv3n in connection with the foregoing. By uploading, posting or sharing any User Content in which you appear, you are also consenting to the recording, use and reuse by EarnedNotGiv2n (including its licensees, affiliates, employees, contractors, agents, successors and assigns) of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Content as used or modified by EarnedNotGov3n in its exercise of the foregoing license.

If you upload, post or share any User Content, you may not be able to remove it from the Services, and we make no guarantees that we will remove or return to you any User Content, and are not liable for any loss of or damage to your User Content.

8. PRIVACY

Please review our Privacy Policy available at www.earnednotgiv3n/privacypolicy.

9. THIRD PARTY SITES

For your convenience, the Services may contain links to websites, downloadable apps, or other digital properties, products or services of other persons or entities, including without limitation social media networks (collectively, “Third-Party Sites”). When you click on one of these links, you are leaving the Services and accessing a Third-Party Site over which EarnedNotGiv3n has no control. Including a link to a Third-Party Site is not and should not be viewed as an endorsement by, or affiliation with, EarnedNotGiv3n of that Third-Party Site, its operator or its contents, services and/or oﬀerings. Your rights and obligations when accessing and using these Third-Party Sites are not governed by these Terms (or our Privacy Policy) and will instead be governed by the terms and policies of those Third-Party Sites, and we encourage you to read those terms and policies. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARNEDNOTGIV3N MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SITES AND HAS NO RESPONSIBILITY FOR SUCH THIRD-PARTY SITES OR THE CONTENTS, FEATURES OR OPERATION OF SUCH THIRD-PARTY SITES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO ACCESS AND USE ANY THIRD-PARTY SIITE IS AT YOUR OWN RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARNEDNOTGIV3N WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR RELIANCE ON ANY THIRD-PARTY SITES.

10. HEALTH DISCLAIMERS

The Services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only, do not constitute medical advice and may not be customized for you. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.

EarnedNotGiv3n trainers will not be physically present, and depending on the Services you select or purchase, will not be virtually present during your use of the Fitness Features. You acknowledge and agree that exercising without individualized coaching/instruction and supervision is dangerous and can lead to chronic injury, disability or death. The majority of the Fitness Features serve as a means to provide users with a training plan and/or video demonstrations, as opposed to individualized coaching.

You acknowledge and agree that the Services are intended for use only by individuals healthy enough to perform strenuous exercise. If you are older than thirty-five (35) years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the service: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint problems, diabetes, high cholesterol, obesity or arthritis.

EarnedNotGiv3n is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Features, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Features. If you choose to use any Fitness Features, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARNEDNOTGIV3N MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARNEDNOTGIV3N WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.

11. GENERAL DISCLAIMERS

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. EARENEDNOTGIV3N MAKES NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

12. LIMITATIONS OF LIBILITY

YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICES, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO STOP USING AND, WHERE APPLICABLE, UNINSTALL THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EARNEDNOTGIV3N OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “EARNEDNOTGIV3N GROUP”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY DEATH, PERSONAL INJURY, LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS.

IN ADDITION, IF AND TO THE EXTENT EARNEDNOTGV3N IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EARNEDNOTGIV3N FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF, PURSUANT TO APPLICABLE STATE LAW, THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, THE LIABILITY OF EARNEDNOTGIV3N SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. INDEMNIFICATION

You agree to defend, indemnify and hold the EarnedNotGiv3n Group harmless from and against any and all claims, liabilities, losses, damages, demands, complaints, actions, judgements, settlements, fines, penalties, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with: (1) your access to and/or use of the Services or any portion thereof; (2) your User Content, including without limitation any allegations of infringement; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Services or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization.

14. ARBITRATION AND DISPUTE RESOLUTION

In the interest of resolving disputes between you and EarnedNotGiv3n in the most expedient and cost-effective manner, and except as described below, you and EarnedNotGiv3n agree that any dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, the Services, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND EARNEDNOTGIV3N ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing paragraph in this Section 14, nothing in these Terms will be deemed to waive, preclude or otherwise limit the right of you or us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of law of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and EarnedNotGiv3n will be settled under the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting EarnedNotGiv3n. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice”). EarnedNotGiv3n’s address for Notice is: [ADDRESS], Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or EarnedNotGiv3n may commence an arbitration proceeding.

YOU AND EARNEDNOTGIV3N AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EarnedNotGiv3n agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

15.TERMINATION

You may terminate these Terms at any time by ceasing to access and use the Services and, where applicable, uninstalling the Services. Please understand, however, if you decide to resume accessing and using any of the Services, you will again be bound by the then-current Terms. We may terminate these Terms, or otherwise terminate, suspend or restrict your access to and use of the Services, in whole or in part, at any time and without prior notice or liability to you, for any reason, including without limitation your failure to comply with any portion of these Terms.

16.NOTICE REGARDING APPLE

This Section 16 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and EarnedNotGiv3n only, not with Apple, Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing ant claims by you or any third party relating to the Services or your possession and/or use of the Services, including:

Product liability claims;

Any claim that the Service fails to conform to any applicable legal or regulatory requirement;

Claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession or use of the Services infringes that third party’s intellectual property rights.

You agree to comply with any third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that:

You are not located in a country that is subject toa U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and

You are not listed on any U.S. Government list of prohibited or restricted parties.

17.NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

18.GOVERNING LAW

These Terms will be construed in accordance with and exclusively governed by the laws of the State of California.

19. GENERAL

These Terms, together with our Privacy Policy, and any other terms and conditions that may be made available with respect to the Services, constitute the complete and exclusive agreement between you and EarnedNotGiv3n concerning your access to and use of the Services, and supersede and govern all prior proposals, agreement or other communications. Our failure to enforce any provision or exercise any right under these Terms will not constitute a waiver of such provision or right, nor will any waiver of any breach of these Terms act as a waiver of any other provision or a waiver of any future breaches. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of EarnedNotGiv3n. If any provision of these Terms is declared unenforceable or invalid by a court of competent jurisdiction, the provision will be enforced to the maximum extent permitted by law, and the other provisions of these Terms will remain unaffected and in full force and effect. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of EarnedNotGiv3n’s successors and assigns.

20. CONTACT US

If you have any questions regarding these Terms, or our Services, please contact us at www.earnednotgiv3n.com/contact.