Get'Money Terms of Use

GET'MONEY END-USER (GET'M APP USERS AND ADVERTISERS) LICENSE AGREEMENT AND TERMS OF SERVICE

LAST REVISED ON: (23rd October 2017)

1. ABOUT THIS AGREEMENT

The following terms and conditions govern your download and use of the Get'M Mobile Application (the Get' Money Section) and all content, products, promotions, services and functionality available at or through the Mobile Application. The Services are owned and operated by Get'M Ltd.

The Get'M App allows businesses and advertisers (collectively, "Advertisers") to deliver attractive ads, coupons, deals, and other advertising content (collectively, "Ad Content") on the Get'M Mobile screen of its Users, who have downloaded and installed the Get'M App. The Users of these Applications are referred to collectively as "End Users", and each, an "End User". As further described below, at Get'M's sole and absolute discretion, Get'M compensates End Users of the Applications with cash for the activities they undertake on Get'M and the activities here are referred to watching advertisements and answering questions on advertisements, answering surveys and writing reviews. The Services are offered subject to the terms and conditions contained herein and in all other operating rules, policies and procedures that may be published from time to time through the Services by Get'M (collectively, the "Agreement"). Without limiting the foregoing, the Agreement also incorporates by reference (1) the Get'M Privacy Policy https://www.get.com/privacy, as it may be amended from time to time and posted on the Site or published through the Application (the "Privacy Policy"), and (2) if you are an Advertiser, a written agreement between you and Get'M setting forth the terms of the specific monetization activities you are requesting in connection with the Services (each such agreement with an Advertiser, an "Advertising Agreement"). If you wish to become an Advertiser with us, please email us at support@getm.com.

PLEASE READ THIS END-USER LICENSE AGREEMENT AND TERMS OF SERVICE AND OUR PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING THE APPLICATION OR USING ANY OF THE OTHER SERVICES. By clicking on or pressing "I accept", "I agree" or similar verbiage during the download and/or signup progress, or by accessing or using any other part of the Services, you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and Get'M. If you do not agree to all the terms and conditions of this Agreement, then you may not download the Applications or access or use any Services. If you are using the Services on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.

The Services are available only to individuals who are at least 18 years old.

2. ACCEPTABLE USE POLICY

Whether or not you register for an account with us, the Services are only available for access and use by you for lawful purposes. You understand that when using the Mobile Applications, you may be exposed to user content (including, without limitation, Ad Content) provided by other users or third parties, and you agree that Get'M is not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such user content. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates the Agreement; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Services; or (c) through the use of the Services, abuses, defames, harasses, disparages or threatens another user of the Services or any other third party, is strictly forbidden.

You also may NOT:

(i). solicit for commercial purposes other users of the Services, unless permitted by and in accordance with an Advertising Agreement;

(ii). use the Services to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, unless permitted by and in accordance with an Advertising Agreement;

(iii). use metatags or any other "hidden text" utilizing any of our or any third party's product names or trademarks;

(iv). harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;

(v). use any robot, spider, crawler, scraper or other automated means to access the Services, unless permitted by and in accordance with an Advertising Agreement;

(vi). take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or

(vii). bypass any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services.

We reserve the right to immediately block or disable your ability to use the Applications, and/or otherwise suspend or terminate your access to the Services, if, in our sole and absolute discretion, we believe that you have engaged in any of the foregoing activities or that they have occurred in association with your account.x

3. OUR INTELLECTUAL PROPERTY RIGHTS

The proprietary software associated with the Applications and the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by Get'M. In addition, the Services, including all software, Get'M content, inventions, technology, products, services and Get'M data provided on the Application, are protected under Indian and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of Get'M, and are the exclusive property of Get'M and its licensors. All suggestions, requests and feedback you may communicate to us regarding the Services, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, "Feedback"), shall become the exclusive property of Get'M. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to Get'M and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback.

4. LIMITED LICENSE

Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Get'M grants to you a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license to (a) download, install, and use the Applications to use on a single mobile device, (b) receive and use the Monetary activities for earning money (c) use the Services, in each case for your internal personal or commercial purposes but not for commercial resale, sublicensing, time-sharing or service bureau usage. All rights not expressly granted to you by the foregoing sentence are reserved by Get'M. Without limiting the generality of the foregoing, you may not interfere with the Services in any way, or copy, modify, distribute or reverse engineer, decompile or disassemble Applications or the Services, or make any derivative works based on the Applications or other Services (including any customization, translation, or localization). Your compliance with the requirements in this Section 4 is a condition to, and material inducement and consideration for, our granting you the right to access and use the Applications and the Services. Any unauthorized use or other activity by you in violation of the Agreement will cause the licenses granted to you by Get'M in this Section 4 to terminate automatically.

This Agreement does not transfer from Get'M to you any Get'M or third party intellectual property, and all right, title and interest in, to and under such property will remain solely with Get'M or such third party, as applicable. All rights not expressly granted in this Agreement are reserved to Get'M. Get'M, Getm.com, the Get'M logo, and all other trademarks, service marks, graphics and logos used or displayed in connection with the Services are trademarks or registered trademarks of Get'M or Get'M's licensors. Your use of the Services grants you no right or license to reproduce or otherwise use any Get'M or third-party trademarks.

5. END USER ACCOUNTS

If you sign up for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not use another person's Get'M account or share your OTP you receive on your Mobile phone for signing into Get'M App, with any other person. When creating your account, you must provide accurate, complete and non-misleading information. You agree to immediately notify Get'M of any unauthorized uses of your account or login credentials or any other breaches of security. Get'M will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Our current policy limits you to the creation of only one Get'M account per mobile device.

Account features differ depending on whether they are held by End Users (each, an "End User Account") or Advertisers (each, an "Advertiser Account"). Special features and terms and conditions pertaining to End User Accounts and Advertiser Accounts are set forth in Section 5 and Section 6, respectively.

A. Get'M Application

When you download the Get'M Application, you will be prompted to register for an End User Account, and Get'M may then begin displaying Ad Content on the mobile device screen of your mobile phone. After that, all of your interactions with Get'M will be recorded, stored in our servers, and associated with your End User Account. Among other things, your End User Account will keep track of your money earned and your money earned history. YOU WILL ONLY BE ABLE TO ACCRUE, RECEIVE AND STORE MONEY WHEN SIGNED INTO YOUR END USER ACCOUNT. From time to time, at Get'M's sole and absolute discretion, you may have the option to withdraw the money earned.

The way of earning money on Get'M will be by moving the mobile device screen unlock slider (i) to the right to unlock your phone, or (ii) to the left to engage with the Ad Content. For example, if you slide left to watch a video advertisement, you may receive money.

While you are not prohibited from sliding left every time Ad Content is displayed on your mobile device screen, Get'M's proprietary smart algorithm is optimized to screen for abuse and will automatically decrease the amount of money earned for End Users who attempt to abuse the system. Therefore over time, you may find that sliding left too much will result in a reduced opportunity to receive money. To avoid these consequences, Get'M recommends that you use your smartphone or mobile device as you normally do and that you engage only with Ad Content that genuinely interests you.

B. Applications Generally

If you are using Get'M Application your money balance will be reflected in your End User Account. Depending on the current value of money earned, which will be determined at Get'M's sole and absolute discretion, you may, from time to time, withdraw.

Money earned via the Applications are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license. Money may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right or title in or to any such money earned appearing or originating in the Applications, or any other attributes associated with use of Get'M or its Applications. Any Money earned balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

PLEASE NOTE THAT GET'M DOES NOT AND CANNOT PROMISE OR GUARANTEE THAT YOU WILL RECEIVE ANY AMOUNT OF MONEY EARNED OR THAT YOU WILL RECEIVE ANY AMOUNT OF AD CONTENT IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY AMOUNT OF MONETARY VALUE. Get'M's ability to show Ads depends on whether, and how much, Get'M gets paid by the relevant Advertiser, and due to the complex nature of its relationships with Advertisers, whether Get'M gets paid, and how much, may vary over time. We will, in our sole and absolute discretion, determine and communicate the availability and display of Ad content to Users, which may be modified at any time. The availability of activities may vary for a variety of reasons, such as non-payment by Advertisers or changes in our arrangements with Advertisers or in applicable laws and regulations. You must comply with any individual monetary activity limitations as indicated by Get'M (or Advertiser's terms or App). We reserve the right to cancel, restrict or terminate activities at any time for any reason. All redemptions are subject to this Agreement and any third-party terms associated with Advertisers.

As noted, each time you receive Money earned, we place the Money earned in your End User Account. Your ability to receive and redeem Money earned is conditioned on your compliance with the Agreement. You may access your End User Account to modify your account settings or to review your Reward balances and Carat redemption choices. You may log in by entering your username and password with the Applications or through the Site.

You may log into your End User Account to redeem your accumulated Carats. While we reserve the right to modify when and how you can withdraw your money earned at any time in our sole and absolute discretion, as of the "Last Updated" date of this Agreement set forth below (the "Effective Date"), you can redeem your Money earned by visiting the area of your End User Account interface (accessible through the Application) called the Wallet Balance (the "Wallet Balace").

While in Wallet Balance, you may withdraw your money earned pursuant to one of the redemption methods then available to you. As of the Effective Date, End Users only have a choice to withdraw the money earned through PayTM.

When using the Get'M Application, your Wallet balance will be updated on the first of each month (each such date, a "Pay Day"), and the updated balance will include money earned up until the last day of the previous month. For example, February month's earned money through the Get'M Application will be eligible for withdraw on March 1.

You may close your End User Account at any time by logging in and adjusting the appropriate settings. We will ask that you withdraw your money earned prior to closing your Get'M Account. If your End User Account is closed and you fail to properly or completely withdraw your earned money before such time, you will no longer be able to withdraw them.

In addition, your End User Account will be terminated after three (3) months of inactivity. We also reserve the right to terminate your End User Account at any time for breach of this Agreement. You will no longer be able to use any money earned in your End User Account after termination. We may do this without prior notice, but may attempt to notify you afterward where feasible.

6. ADVERTISER ACCOUNTS

Advertisers may access details pertaining to the performance of advertising campaigns managed by Get'M in connection with the Services by logging into their Advertiser Account and utilizing Get'M's proprietary tracking and reporting system. You agree not to use any of the information accessed or obtained through your Advertiser Account except for internal business purposes in connection with this agreement.

Advertisers' use of the Services is subject to all of the terms and conditions in their respective Advertising Agreements with Get'M. Advertisers may not register for or use an Advertiser Account unless they have an Advertising Agreement with Get'M. In the event of any conflict between this End User License Agreement and Terms of Service and the Advertising Agreement, the Advertising Agreement shall control solely with respect to the specific advertising campaigns and other activities described in the Advertising Agreement.

7. COLLECTION OF INFORMATION

For details about our data collection and data use practices, please see our Privacy Policy. As explained in the Privacy Policy, the Applications may collect, store and share geolocation information (i.e., information about your current location) that you choose to make available to Get'M and our Advertisers others through the Services as well as collecting and storing anonymized, aggregated geolocation data from your mobile device's GPS function. To uninstall the Applications, please follow the default uninstall process for your mobile device.

If you are downloading or using the Applications or the Services from outside the India, please be aware that your information (including geolocation information collected through the Application) will be transferred to, stored and processed in India where our servers are located and our central database is operated. By downloading and using the Applications, which are provided exclusively from India, you hereby consent to the transfer of your information to India and its collection, storage, sharing and use as described in the Privacy Policy. You further agree that all transactions relating to the Applications and the Services shall be deemed to have occurred in the India. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with all local laws, statutes, rules, regulations and codes.

8. MOBILE AND INTERNET SERVICES

Whenever you utilize the Services from your mobile phone, you thereby agree to receive such services on the device you designate for such purposes and understand that your wireless or internet services provider's standard SMS and/or data rates may apply to these services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS and data charges.

9. THIRD PARTY LINKS AND SITES

We have not reviewed, and cannot review, all of the material, including the Ad Content and computer software, made available through the Services, or websites, webpages and applications to which such Ad Content, the Applications or the Site links, or with which they are integrated (such as Facebook and Twitter), or that link to the Applications or the Site ("Third Party Sites"). Get'M does not have any control over those Third Party Sites, does not recommend or endorse them, and is not responsible for their contents or their use. We have no responsibility for or control over such privacy or security practices or any Third Party Site's collection, storage, use or disclosure of information from you. You should read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of Third Party Sites.

10. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT

As Get'M asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users and customers to do so. If you are a copyright owner or an agent thereof and believe that any user content infringes upon your copyrights, you may submit a notification pursuant to getm@getm.com and we shall take the necessary action as per the laws governing copyrights.

(i). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii). Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services or available through our services are covered by a single notification, a representative list of such works at those locations;

(iii). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Get'M to locate the material;

(iv).Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v). A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi). A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11. UPDATES AND CHANGES.

From time to time, the Applications may automatically download and install, or may prompt you to download and install, updates from Get'M. These updates are designed to improve, enhance and further develop the Applications and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit Get'M to deliver these to you) as part of your continued use of the Applications. While you may refuse to download and install updates, doing so may cause your access to the Applications and/or the Services to be disabled.

We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features and/or nature of the Applications and the Services which we provide may change from time to time without prior notice to you. We may also cease or discontinue providing the Applications or the Services, or support or upgrades for the Applications, at any time. Such new features and/or services shall be subject to the terms and conditions of the then-current version of the Agreement as well as any additional terms and conditions that Get'M may post on the Site or make available through the Services. Get'M may also modify or eliminate services, modules or features of the Applications or Services; your sole and exclusive remedy, and Get'M's sole liability, in connection with any such change, modification or elimination is to terminate your account with us.

Get'M reserves the right, at its sole discretion, to amend or update any part of the Agreement by posting the amended or updated Agreement on the Site or making it available through the Applications. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement periodically for changes, and you should check the "Last Updated" dates at the top of this End-User License Agreement and Terms of Service and our Privacy Policy to familiarize yourself with the latest version of the Agreement. Your continued use of or access to the Services following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes.

12. TERMINATION

Get'M may terminate your access to all or any part of the Services, or block or disable your access or use of the Applications, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, Get'M may terminate your access to all or any part of the Services, stop displaying Ad Content on your mobile device screen, or block or disable your access or use of the Applications, if (a) Get'M believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement); (b) Get'M is required to do so by law (for example, where the provision of the Applications to you is, or becomes, unlawful); (c) Get'M is transitioning to no longer providing the Applications to users in the state or country in which you are resident or from which you use the Applications; or (d) Get'M believes that your use of the Applications may infringe or violate the rights of a third party or subject Get'M to civil or criminal liability or reputational harm. Termination may result, in Get'M's sole discretion, in the forfeiture and destruction of all information associated with your account and any Money earned or any advertising revenue earned prior to such date. All provisions of this Agreement which by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so. If your account is cancelled or terminated for any reason, you will no longer be able to access information you have stored under your account.

13. DISCLAIMER OF WARRANTIES

you agree that use of the services is entirely at your own risk. the services are provided on an "as is" or "as available" basis, without any warranties of any kind. get'm and its members, managers, officers, employees, representatives and agents disclaim all warranties, express or implied, in connection with the services and/or your use thereof including, without limitation, any and all warranties of merchantability, fitness for a particular purpose, security, freedom from viruses, and non-infringement of intellectual property or proprietary rights.

get'm makes no warranties or representations about the accuracy or completeness of the services and/or their content or the content of any products or services linked to or integrated with the services (including, without limitation, the ad content) and assumes no liability or responsibility for (i) errors, mistakes, omissions or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of the services, your account or our servers, and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, malware, adware and/or the like which may be transmitted to or through the services by any third party, (vi) any loss or damage to content or data (whether stored through the services or otherwise), or (vii) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, imported, transmitted, distributed, or otherwise made available via the services. get'm does not warrant, endorse, guarantee or assume responsibility for any product, service or opportunity advertised or offered by an advertisers or third party through the services, or any hyperlinked or integrated website or services, and get'm will not be a party to or in any way be responsible for monitoring or enforcing any transaction between you and any third party (including any advertiser or other third party which offers or attempts to take advantage of a deal or promotion through the services).

14. LIMITATION OF LIABILITY RELEASE

under no circumstances shall get'm or its directors, shareholders, officers, employees, representatives, agents, or suppliers be liable for direct, indirect, incidental, special, punitive, consequential or exemplary damages (including, but not limited to, lost profits or damages arising from your use of or inability to use the services) whatsoever, whether based on warranty, contract, tort or any other legal theory, and whether or not get'm or any of the foregoing persons were advised of the possibility of such damages.

you agree that the liability of get'm and its affiliates, directors, shareholders, officers, employees, representatives, agents, and suppliers for any claim or series of claims will be limited in the aggregate to the greater of (i) the amount paid by you to us for the relevant services to which the claim or claims relate during the previous three (3) months preceding the event or circumstances giving rise to such claim or series of claims or (ii) fifty u.s. dollars ($50.00).

you hereby agree to release, remise and forever discharge the site, the applications, the services and get'm and its directors, shareholders, officers, employees, representatives, agents, and suppliers, and its and their respective successors and assigns, and all other related persons or entities, from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liablities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the site, applications or the services.

15. REPRESENTATIONS AND WARRANTIES

You represent and warrant that (i) your use of the Services will be in strict accordance with the Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and all applicable laws regarding the transmission of technical or personal data exported from or into the India or the country in which you reside, and all applicable laws pertaining to privacy, consumer rights, and unfair and deceptive advertising practices); and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights or any other rights of Get'M or of any other user or third party.

16. INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Get'M, its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the "Indemnified Parties") from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") arising out of or related to or in connection with your actual or alleged (a) use of and access to the Services, Site and the Applications, (b) violation, breach or default of any term of the Agreement, (c) violation by you or your Ad Content of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, or (d) any claim that you or any content which you submit or transmit via the Services (including, without limitation, your Ad Content) caused damage to a third party.

17. NOTICES

All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site (or otherwise making them available through the Services) or sending an e-mail to you at the e-mail address that is currently associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with Get'M's intellectual property policy. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then please contact us at getm@getm.com or at the postal address set forth above.

18. MISCELLANEOUS

You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of this Agreement or your use of the Services. This Agreement (including the Advertising Agreement, if applicable, the Privacy Policy and all other Get'M operating policies, rules and procedures posted on the Site or Applications or made available through the Services from time to time) constitutes the entire agreement between Get'M and you concerning the subject matter hereof, and may only be modified by a written amendment signed by a duly authorized representative of Get'M, or by the posting by Get'M of a revised version of the Agreement on the Site, Applications or otherwise through the Services.

Except as provided in the next paragraph with respect to requests for injunctive relief relating to a breach of your license rights or our intellectual property rights, any controversy, claim or dispute arising out of this Agreement or your use of the Services shall be resolved by final and binding arbitration. Such arbitration shall take place in Chennai, and shall be administered by a single arbitrator pursuant to the concerned Legal Body under its Commercial Arbitration Rules. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief, and shall be instructed to apply the laws of the State of Tamil Nadu (excluding its applicable choice of law rules) to any interpretation or enforcement of this Agreement. In order to keep hearing costs down, hearings may, at your request, be conducted telephonically or entirely upon submissions.

You expressly consent to the exercise of jurisdiction and venue by the state and federal courts located in Chennai, Tamil Nadu. However, if we think you are violating your license to use the Services or our intellectual property or trade secret rights, we may bring an action for injunctive relief in any court of competent jurisdiction.

In addition to the above, both you (and Get'M) waive the right to bring any claim or dispute related to this Agreement as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any claim or dispute related to this Agreement.

If Get'M prevails in any arbitration or proceeding to enforce the Agreement or arising out of your access to or use of the Services, it shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including reasonable attorneys' fees. If any part of the Agreement is held invalid or unenforceable, that part will be reformed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. The provisions of the Agreement are severable, and if any portion is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect. Any waiver by either party of any term or condition of the Agreement or any breach thereof shall be in writing, executed by the party to be charged, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. The Agreement is not assignable by you, except by operation of law; Get'M may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

19. THIRD PARTY TERMS

End Users agree that in addition to the Agreement, your use of the Applications is subject to the usage rules set forth in Apple's App Store terms of service, if you download the Applications from the App Store, or in Google Play's terms of service, if you download the Applications from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the Applications or otherwise access the Services.

Without limiting the generality of the foregoing, if you downloaded the Applications from Apple, you and Get'M acknowledge and agree to the following: This Agreement is concluded between you and Get'M only, and not with Apple Inc. ("Apple"). Get'M, not Apple, is solely responsible for the Applications and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Get'M's sole responsibility. Get'M, not Apple, is responsible for addressing any claims by you or any third party relating to the Applications or your possession and/or use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Applications fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Applications or your possession and use of the Applications infringes that third party's intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

A. Display of Advertisements to End Users, based on the daily budget

The number of times to number of End Users the Advertisers will be shown will solely depend on the budget provided by the Advertisers. The Advertisement will be shown only to those end Users, who are located within 1 kilometer radius. However, within the 1 kilometer radius, should Get'M fail to meet the number of End Users criteria for the daily budget as specified by the Advertiser, then, Get'M shall increase the radius for showing the advertisements to more number of End Users, to meet the daily budget.

The advertisement will be shown to the end Users between the start dates and the end dates as specified by the Ad owner. If in any case, Get'M fails to show advertisements to that many number of Users, for the budget provided by the Ad owner, the Get'M will either choose to extend the end date or extend the radius of the location for increasing the number of End Users, the advertisement will be shown. Whether to extend the end date or to increase the radius for increasing the number of End Users shall be decided by the Advertiser.

B.Data that Get'M collects from Its Users

Get'M collects data to operate effectively and provide you the best experience on the Get'M App. Some of this data is provided to us directly by you during the registration process as well as the verification stages. More data is also obtained by recording how you interact with the app, for instance by learning about the kind of advertisements and surveys you are interested in.

We also obtain data from third parties. We protect data obtained by us and from third parties according to the practices described in this statement, plus any additional restrictions imposed by you and the source of the data. Third-party sources vary over time, but have included:

(i). Data brokers from whom we purchase demographic data to supplement the data we collect.

(ii). Service providers that help us determine a location based on your IP address in order to provide access to you for ads that are relevant to your close proximity.

(iii). Partners with which we offer co-branded services or engage in joint marketing activities, and

(iv). Publicly-available sources such as open government databases or other data in the public domain.

You have choices about the data we collect. When you are asked to provide personal data, you may decline. If you choose not to provide data that is necessary for deciding on showing a particular advertisement to you or assigning a particular survey to you, then you may not be able to see that advertisement or get assigned to that survey in future.

The data we collect includes the following:

Name and contact data: We collect your First and Last name as well as Mobile number.

Credentials: We send you the OTP for verification purpose.

Demographic data: Gender, Country, City, Profession, Occupation (where applicable), Institute you are studying (where applicable), about your personal belongings like two wheeler, four wheeler, house hold appliances, etc. (where applicable), the place where you are employed (where applicable), your annual income (wherever applicable), Your interests, your hobbies, your interests in a particular product or a service, your likes and dislikes, your favorite holiday destinations, etc. (wherever applicable).

Device data: We collect data from the device used to connect to our app including Device(s) make and model, Platform, IP address and location.

C. What we do with the info we gather

Get'M uses data we collect for three basic purposes, described in more details below: (1) to operate our business and show you the advertisement that have been advertised by our advertisers, and assign the surveys that has been posted by the Survey investigators, including improving and personalizing our Get'Money section for our Users; (2) to send communication, including promotional communications; and, (3) recommend advertisements that you may be likely interested in watching.

The principal purposes for which we collect and store your personal information are to tailor our way of showing right advertisements to right Users, assigning the right survey to right Users, in order to get the give the right response to our Advertisers and Survey Investigators.

In carrying out these purposes, we combine data we collect to give you a more seamless, consistent and personalized experience. For example, we can use your interests and the information and show you the most relevant advertisements and send you the most relevant survey.

1). Communications: We use data we collect to deliver and personalize our communications with you. For example, we may contact you by email or other means to inform you when a new procedure has been added to the app, remind you about unfinished training material, update you or inquire about a service.

2). Enterprise Simulations: We host a range of simulations on our platform, including those built with enterprise partners. By engaging in these modules the user agrees that their data will be shared in the following ways:

(i). Aggregate Data

(ii). Engagement Data Sharing: We share aggregate engagement data, not raw data, with our partners to show the quantity of users who are engaging with their ads, split by location, age, gender, profession, annual income, etc.

(iii). Non Aggregate Data

(iv). Referral Engagement Data Sharing: We share aggregated and non-aggregated engagement data with our partners who re-direct users to our app either by direct referral through residency programs or by any other means. Non aggregated data contains user's personal information such as user's 'first name', 'last name', 'profession' or any other personal information the user may have shared with the referring partner. If an app user was referred to Get'M Ads and services through one of our members, the user will have agreed that the member who referred them to Get'M will have access to the user's content engagement on our platform. The data we share with our partners will include but not be exclusively limited to engagement information related to the partner's ads on our App. For example, an education institute, who is our partner or advertiser on Get'M might invite its Students to use the Get'M App in order to learn about new education methodologies or a course that has been introduced in their college newly. These courses or educational methodologies could be public procedures available to everyone or private procedures commissioned specifically by the Advertiser and made available by invitation only. This Advertiser will want to track how referred students are responding to their Ads. The educational institute will already have user's personal data; therefore, engagement dashboards may also include this personal data.

(v). Advertising & Campaigns: We use data we collect to run targeted advertising campaigns on behalf of our Advertisers, for instance we might invite a user on the app to attend a conference in their field or profession in which we think they might be interested. The user's interests, location, profession, app usage are used to map users to events or other resources. If a user opts into a campaign of interest, their contact details will be shared with the event organizer in order for appropriate contact to be made. The user has the option to opt out of engaging in these campaigns and your information will not be shared.

3). Geolocation data: We collect user's IP address, country and city data. This location information is used to tailor our app contents to the user's specific location. Some procedures on our platform are bespoke and proprietary, only available in some locales. In order to make sure that we respect the geo restrictions of these procedures, we require the user's location data which might be acquired through an IP address or direct input from the user.

This data is also used to comply with local data protection regulations that may exist in some jurisdictions and not in others.

D. Reason we share Personal Data

We only share your data with our advertisers who commission the different surgical procedures and learning simulations on offer in our app. We share this data in aggregate format, never in raw format. For example a boutique that wants to show their ad to college students, who belong to Upper middle class families, then, we share the personal data that includes their age and annual income of their families. They might also want to know how effective it is and if people are finding this ad beneficial. They might also want to know what improvements they can make to the ads. It is at this stage that we use the data we collect from you to answer these questions.

For app and virtual residency program users who opt into our targeted advertising campaigns, we share data with our Advertisers once a match has been made so that an appropriate contact can be initiated.

We will never share your data with any party without your consent. Moreover, we never share your data with anyone other than for the explicit purposes lay down by the user and Get'M mutually.

20. HOW TO CONTACT US

You may direct any questions, complaints or claixms with respect to the Get'M App, the Get'M Site or the Services to:

Get'M Limited

E-mail: getm@getm.com

Last Updated: October 23rd 2017