Website Terms of Use:

TERMS OF USE

Last Updated: July 16, 2015

Welcome to JigTime’s developer website, operated by JigTime, Inc. (“Company,” “we,” “our” or “us”). JigTime’s developer website provides you and others (“Users” or “you”) with information and links pertaining to JigTime’s products and services, including links that allow you to download such products and services to your computer or mobile devices.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.jigtimeapp.com, including any content, functionality and services offered on or through www.jigtimeapp.com (the “Website”).

BY USING THE WEBSITE YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR CONSENT TO THESE TERMS OF USE.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS (SECTION 12) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE (SECTION 10).

1. Access to and Use of the Website:

You may access or otherwise use the Website, provided that you:

(1)are over the age of 13;

(2)access the Website with a computer or mobile computing device (e.g., smart phone, tablet, or smart watch) within the United States; and

(3)comply with these Terms of Use, including documents incorporated by reference, such as the Privacy Policy, and with all applicable laws and regulations.

Use of or access to the Website by anyone under the age of 13 is strictly prohibited and in violation of these Terms of Use. We therefore do not collect personally identifiable information from anyone under the age of 13.

We reserve the right to withdraw or to amend the Website, and any content, service, or material we provide on the Website, at our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict Users’ access to some parts of the Website, or the entire Website.

2. Reliance on Website Information:

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by you or by anyone who is informed of any of its contents.

3. Prohibited Uses

You may use the Website only for lawful, non-commercial purposes and in accordance with these Terms of Use. You agree not to use the Website:

(1)in any way that violates any federal, state, local or international law or regulation;

(2)to impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or

(3)to engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Website, or which, as determined by us, may harm Company or Users of the Website or expose them to liability.

Further, in order to protect the integrity and security of the Website, you acknowledge and agree that when you access or otherwise use the Website you are prohibited from:

(1)posting commercial communications (such as spam or advertisements) on or through the Website;

(2)uploading viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to or through the Website;

(3)using any robot, spider or other automatic device, process or means to access the Website for any purpose, including without limitation, monitoring or copying any of the material on the Website;

(4)using any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;

(5)attempting to gain unauthorized access to, interfering with, damaging, or disrupting

(i) any part of the Website, (ii) the server on which the Website is stored, or (iii) any server, computer or database connected to the Website; and

(6)engaging in conduct that could disable, overburden, or impair the functionality or appearance of the Website, such as a denial of service attack.

4.Intellectual Property:

The Website and all materials therein, including, without limitation, images, text, graphics, video, audio, illustrations, logos, trademarks, service marks, copyrights, software, and APIs

(Application Programming Interfaces) (collectively, “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and our licensors, who may or may not be affiliated with, connected to, or sponsored by us. Except as explicitly provided herein, nothing in these Terms of Use will create a license (express, implied, or otherwise) in or to Company Content. Nor will your access to or use of the Website create any such license. You hereby agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. Use of Company Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

5. Linking to the Website:

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Further, you must not:

(1)establish a link from any website that is not owned by you,

(2)cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site,

(3)link to any part of the Website other than the homepage, and

(4)otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

6. Links from the Website:

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms of conditions of use for such websites.

7. Privacy:

We take the privacy of our Users’ seriously, and understand that you have a right to know what personally identifiable information (“PII”) we collect from you and how such information is collected, used, transferred, and processed, which is reflected in our Privacy Policy

8. Modification of the Terms of Use:

These Terms of Use may be modified from time to time; the date of the most recent revision will appear at the top of this page, so check back often. Continued access to and use of the Website by you will constitute your acceptance of any changes or revisions to the Terms of Use.

9. Indemnification:

You agree to defend, indemnify, and hold harmless Company and its agents, licensors, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your access to and use of the Website; (ii) your violation of any provision of these Terms of Use; (iii) your violation of any third-party right through the Website; or (iv) your violation of any applicable law, rule, or regulation.

10. No Warranty; Limitation of Liability:

THE WEBSITE, INCLUDING THE CONTENT PROVIDED THEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCESS TO AND USE OF THE WEBSITE AND RELIANCE ON THE CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, INCLUDING ALL CONTENT PROVIDED THEREIN, IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SUCH AS APPS, IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE,

THE WEBSITE AND ITS FEATURES. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100 DOLLARS.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Assignment and Delegation:

These Terms of Use, and any rights and duties granted to you hereunder, may not be transferred, assigned, or delegated by you, but may be assigned or delegated by us without restriction. Any attempted transfer, assignment, or delegation in violation hereof shall be null and void.

12. Miscellaneous:

Waiver and Severability. No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited

to the extent required by such court or tribunal, but all of the remaining provisions of the Terms of Use shall continue in full force and effect.

Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Geographic Restrictions. We, as owners of the Website, are based in the state of Massachusetts. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents is accessible or appropriate outside of the United States.

Governing Law. You agree that: (i) the Website will be deemed to be solely based in Massachusetts and (ii) the Website will be deemed a passive service, one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Massachusetts. These Terms of Use will be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.

Arbitration. In the unlikely event that Company has not been able to resolve a dispute it has with you after attempting to do so informally, you and Company agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof, by binding arbitration by a single arbitrator of the American Arbitration Association (“AAA”) in Suffolk County, Massachusetts under the commercial rules then in effect for the AAA. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In no event shall the arbitrator award punitive or exemplary damages. Nothing herein shall prevent a party from seeking injunctive relief, where appropriate, from a court of competent jurisdiction pending the outcome of any arbitration concerning the subject of such arbitration or when authorized by an arbitrator's award or when emergency relief is required.

Your Comments and Concerns

This Website is operated by JigTime, Inc. of 1309 Beacon Street, Suite 300 Brookline, MA.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@jigtimeapp.com

Thank you for your support and for visiting the Website!