Nettelo Services License Agreement

1. By using the Nettelo mobile application, software, website (at www.nettelo.com referred to as the "Site") or other Services (together the "Services") you and the Company you represent (“you”, hereinafter) expressly agree to these Terms of Use. The Services are licensed, not sold, to you for your use only under the Terms of this Agreement. By using the Services you expressly agree to these Terms below and to this Services End User License Agreement (the "Terms"). You must be at least thirteen years old to use the Service and to accept these Terms. If you are not 13 or otherwise not legally able to enter into these legally binding Terms you may not use or purchase the Services. If you disagree with any of these Terms, Nettelo does not grant you a license to use the Nettelo Applications. You understand that these Terms will form a binding legal contract between us as soon as you click the 'Sign in' button after download and install the Services onto your mobile device or tablet. You and Nettelo acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you, as a third party beneficiary of these Terms. Nettelo reserves the right to update and change these Terms from time to time without notice. You can find the most recent version of these Terms on the Nettelo website at www.nettelo.com. These Terms were last updated on July 18, 2017.
2. Licenses Granted. Nettelo hereby grants you the personal, non-transferable right to use the Services, and once you are registered and your User account has been established, the limited license to use the Application and receive the associated Services on an iPhone, iPod touch, iPad device that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Use:

https://www.apple.com/legal/internet-services/terms/site.html.

Notwithstanding the foregoing, Nettelo reserves the right to refuse Services to any person or Company, or to enforce a forfeiture of any user name and/or user account for any reason, including without limitation violation of these Terms. 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 or poses a threat to any other User, to the provision of Services to other Users, or to Nettelo, its licensees, and licensors or to other third parties.

3. Privacy. Nettelo is serious about doing our part to safeguard your personal information. We take reasonable and appropriate security measures to protect against unauthorized access to, or unauthorized alternation, disclosure or destruction of data.
1. Our privacy measures include internal reviews of our data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. To help protect the security and privacy of your personal information, you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your site password or account, where applicable. It is your sole responsibility to control the dissemination and use of any codes and passwords relating to the Services; monitor and control and limit/protect access to and use of them, and to promptly inform us of any need to deactivate your account, or password, as applicable if it is compromised.
2. We may share information about you with other companies that work for us. We may also share information with other organizations for the purposes of scientific and health research, but on an aggregated basis, meaning those thirds parties will not know your name, address and other personally identifying information about you.
3. Consent to Use of Data. You agree that Nettelo may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Services. Nettelo may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you and for additional research and development projects. Notwithstanding the foregoing, Nettelo may use your age, gender, and country of origin and/or device location and aggregated data from the information you send to our Servers for the purposes described above. Nettelo will not separately store or retain any financial or personally identifiable information about you.
4. Any information that is shared is protected under the same controls as if the information is residing in our environment. We are bound by policy and law to safeguard confidential information for all of our clients.
5. Specific Privacy Issues: you may update your Account information by going to your Settings; you will not be able to purge any of the stored data on the Nettelo servers while you are still a User of the Services. You may purge all data stored on Nettelo servers by deleting your user account. You may purge all of the data on your device, where your scan data and images are stored, by deleting the mobile application from your mobile device.
4. Other Users. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Nettelo is not responsible or liable for the conduct of any user. Nettelo reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information through Nettelo mobile application sharing tools.
5. Other Sites and Other Services. Links. We assume no responsibility for the content of any third party Services, advertisements, sponsors or content linked to on our Site or referenced by other Users of our Services. Such links and/or references should not be interpreted as our endorsement of them. We will not be liable for any loss or damage that may arise from your use of them.
6. Data Charges. You agree that you are responsible for all data charges you incur through use of the Services.
7. Nettelo Intellectual Property. The Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. On behalf of itself and its Licensors, Nettelo expressly reserves all rights not expressly granted to you in this Agreement.
   
   You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services, You represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
8. User Obligations and Account, Scanned data and 3D images Policy.
1. You must be at least (13) years old to use the Services.
2. You may not post or send violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content using or in connection with your use of the Services.
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, followers, username, or any account rights.
4. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Nettelo prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
5. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper you also represent that all information you provide or provided to Nettelo 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. Registration information includes your name, email address, country of residence and/or origin and a username.
6. You agree that you will not solicit, collect or use the login credentials of other Nettelo users.
7. You are responsible for keeping your password secret and secure. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, Applications, links and other content or materials (collectively, "Scanned User Content") that you submit, post or display accompanying, in connection with or as part of your use of the Services, or using Scanned Data that you have received through or in connection with the Services.
8. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, 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. You may not use the Services 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 Services and your Content (defined below), including but not limited to, copyright laws.
9. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Nettelo.
10. You must not access the Services by means other than those permitted by Nettelo. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Nettelo users. You must not interfere or disrupt the Services or servers or networks connected to the Services, 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 Nettelo page is rendered or displayed in a user's browser or device. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use or any other Nettelo Terms.
11. Without limiting the foregoing, this license and set of Terms does not allow you to use the Services on any mobile device that you do not own or control, and you may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. You are expressly prohibited from crawling, scraping, caching or otherwise accessing any content on the Services via automated means, including but not limited to user profiles for any purposes. You may not download or use any version of the Services obtained from an unauthorized distributor. Any attempt to do so is a violation of the rights of Nettelo and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
9. Disclaimers of Warranty. Some of the Services may be experimental and not tested in any manner. Nettelo does not represent or warrant that any Services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The Services are provided "AS IS" with no warranty, express or implied, of any kind and Nettelo expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. You expressly acknowledge and agree that your use of the Services is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Services including, but not limited to, any damage to your mobile device, computer system or loss of data.
   
   THE SERVICES IN WHOLE OR PART ARE EACH PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER NETTELO ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY ALSO REFERRED TO AS "NETTELO") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SERVICES OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO NETTELO OR VIA THE SERVICES. IN ADDITION, NETTELO 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 OR DAMAGE TO YOUR MOBILE DEVICE.
   
   Nettelo does not make any representations or warranties that the information (including any instructions) on the Services is accurate, complete, or useful. Nettelo does not warrant that your use of the Services is lawful in any particular jurisdiction, and Nettelo 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 and Agreement.
   
   Nettelo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed above. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Nettelo's sole responsibility. Nettelo and you acknowledge and agree that Nettelo not Apple is responsible for addressing any claims of you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability: Except where prohibited by law, in no event will NETTELO be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if NETTELO has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, NETTELO is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the services, NETTELO’s liability shall in no event exceed the annual subscription amount on pro-rata base or similar fees with respect to Nettelo services subscribed based on annual subscription. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

10. User Representations and Warrantees. By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services. Nettelo does 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. you agree that in the event you incur any damages, losses or injuries that arise out of Nettelo'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, Services, property, product or other content owned or controlled by Nettelo, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, Services, or other content owned or controlled by Nettelo.
11. Waiver and Release. By accessing the Services, 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". Nettelo 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.
12. Indemnification. You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at Nettelo's request), indemnify and hold Nettelo 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 Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (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 Nettelo in the defense of any claim. Nettelo 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 Nettelo.
13. Jurisdiction and Venue. These Application & Services Terms of Use and the relationship between you and Nettelo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Nettelo agree to submit to personal jurisdiction and venue of the courts located within the County of Los Angeles, California, U.S. You expressly agree that any claim you may have arising out of or related to your relationship with Nettelo must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
14. No Waiver of Rights by Nettelo. Nettelo's failure to exercise or enforce any right or provision of the Application Terms of Use shall not constitute a waiver of such right or provision.
15. Other.
1. Third Party Claims. You and Nettelo agree and acknowledge that, in the event of any third party claim that the Services or the end-user's use of the Services infringes that third party's intellectual property rights, in no event will Apple be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. As between parties, only Nettelo will have the foregoing rights.
2. Apple App Store License Terms. Nettelo and you acknowledge and agree that these Terms are entered into between you and Nettelo only, and not between you and Apple. Apple is not responsible for the Services or any content offered to you by Nettelo to the extent that any of these Terms are less restrictive than the Usage Rules set forth in, or are or otherwise be in conflict with, the App Store Terms of Service as of this Date, the applicable Terms of Service in the Apple App Store shall apply.
3. Maintenance and Support Services. Nettelo and you acknowledge and agree that Nettelo is solely responsible for providing any maintenance and support services with respect to the Services licensed herein as specified in these Terms, or as required under applicable law, and that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
4. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Services Terms of Use, you and Nettelo shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Nettelo, express or implied, and you shall not attempt to bind Nettelo to any contract.
5. Invalidity of Specific Terms. If any provision of the Application Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions remain in full force and effect.
6. Section Headings. The section headings contained in these Terms are included for convenience only, and will not limit or otherwise affect the Terms of the AP Terms of Use. Any construction or interpretation to be made of these Terms will not be construed against the drafter. These Terms constitute the entire Agreement between Nettelo and you with respect the Services.
7. Contact us. Nettelo, Inc., phone: +1-310-977-2420, e-mail: contact@nettelo.com, http://www.nettelo.com, 2882 Rainfield Ave., Westlake Village, CA 91362, USA.