Terms of Service

Terms of Service:

A. Your Acceptance of the Terms of Use:

Please carefully read these Terms of Use, which affect your legal rights and obligations. These Terms of Use tell you who we are, how we will provide you the Service, how you and we may change or end this contract, what to do if there is a problem and other important information.

By registering for a user account which enables you to use the Service and/or by posting online content

"Account"

you represent that (1) you are age 17 or older (Philippines 18 years of age or older), (2) you fully understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agreed to these Terms of Use.

IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Spicy Chili Technology Increserves all rights to change or modify these Terms of Use at any time at its sole discretion. Any such change or modification will be effective immediately upon posting on the Site or mobile application, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. Every time you wish to use our Service, please check the Terms of Use to ensure you understand what terms apply at that time. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT Spicy Chili Technology IncSHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.

Except as may be expressly specified otherwise by Spicy Chili Technology Incwith respect to paid portions of the Service, Spicy Chili Technology Increserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, to reflect changes to our products, our users' needs and/or our business priorities, without notice and liability.

B. Information about us and how to contact us:

How we may contact you. If we have to contact you, we will do so by email you provided to us in your Account:[email protected]

"Writing" includes emails. When we use the words "writing" or "written" in these Terms of Use, this includes emails.

C. Relationship to Other Agreements:

Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source (e.g. Google; Apple). In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to Spicy Chili Technology Incor any aspect of the Service, these Terms of Use will control.

D. User Accounts:

Upon registering an Account with us you also may be required to provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, you are deemed to be in breach of these Terms of Use, and Spicy Chili Technology Inchas the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.

Each user of the Service is allowed a maximum of one Account per electronic device embedding a mobile operating system (

"Device"

). You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided herein. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Spicy Chili Technology Inc of any unauthorized use of your password or Account or any other breach of security.

E. Rights to Use the Service; Subscriptions:

Right to Use: Subject to your complete and ongoing compliance with these Terms of Use, Spicy Chili Technology Inchereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display, solely for your personal, non-commercial use, solely on a single Device:

(a) such portions of the Service as are freely accessible from the Site or that are, with Spicy Chili Technology Inc’s authorization, made freely accessible from third party websites or sources such as the mobile application, and

(b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis.

Subscriptions: You may be required to make payments to access certain portions of the Service that are provided as subscriptions. You are responsible for all such payments and related payment obligations under these Terms of Use. All such payments from you are subject to these Terms of Use and conditions of the relevant payment service. Spicy Chili Technology Incbears no responsibility for any transactions processed by, or any payments made to, a third party. You acknowledge that pricing and availability of subscriptions provided by Spicy Chili Technology Incin connection with the Service are subject to change at any time.

Spicy Chili Technology Incmay from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where Spicy Chili Technology Incdoes so, you agree that (subject to applicable laws and regulations): (i) such purchases or payments are generally made by you on an advance basis; (ii) you authorize Spicy Chili Technology Incto save your chosen payment method's information (for example, credit card information) on our systems and bill your chosen payment method for the relevant time periods; (iii) if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason, Spicy Chili Technology Incmay not provide you with, or suspend our provision of, the relevant content until payment is properly processed; and you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts).

You agree that any payments you make to Spicy Chili Technology Incin relation to your subscriptions are final and non-refundable, except where specified under these Terms of Use. OTHERWISE, IN NO CIRCUMSTANCES Spicy Chili Technology IncWE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION with the Service (WHETHER USED OR UNUSED).

If you believe that Spicy Chili Technology Inchas charged you in error, and subject to applicable laws and regulations, please contact Spicy Chili Technology Incat [[email protected]

] within 30 days of the date of the relevant charge and no refunds will be given for any erroneous charges after such 30 days period.

Payment processing services are provided by third-party services through which a purchase is made. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location.

Transferring your Account: When using our mobile application, you may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by Spicy Chili Technology Incthrough the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred.

You agree not to, and not to attempt to, (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Spicy Chili Technology Incor its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of this Section E, Spicy Chili Technology Increserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with these terms and conditions, including without limitation by charging fees for such license.

F. Service Materials, Ownership, Trademarks and Feedback:

Service Materials: Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, Spicy Chili Technology Incand its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials.

“Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).

You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by Spicy Chili Technology Incand its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Spicy Chili Technology Incand, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

Spicy Chili Technology IncMarks: The term Spicy Chili Technology Inc, the Spicy Chili Technology Inclogo and other Spicy Chili Technology Inc, Inc. logos and product and service names are trademarks and service marks of, and are owned by, Spicy Chili Technology Inc(the “Spicy Chili Technology IncMarks”). Except as expressly set forth herein, you may not use or display such trademarks in any manner without Spicy Chili Technology Inc’s prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Spicy Chili Technology Inctrademarks or service marks as “metatags” on other websites is prohibited.

You may not use the Spicy Chili Technology IncMarks to disparage Spicy Chili Technology Incand its services. You may not use the same in any manner that may damage any goodwill in the Spicy Chili Technology IncMarks. All goodwill generated from the use of the Spicy Chili Technology IncMarks will inure solely to Spicy Chili Technology Inc’s benefit.

Feedback: If you provide Spicy Chili Technology Incwith comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of Spicy Chili Technology Inc, and you hereby assign all rights, title and interest in and to such Feedback to Spicy Chili Technology Inc. You agree that unless otherwise prohibited by law, Spicy Chili Technology Incmay use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

G. User Content:

The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Spicy Chili Technology Incand other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively,“User Content”). Spicy Chili Technology Incmay but has no obligation to accept, display, review, maintain or otherwise exploit any User Content.

You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Spicy Chili Technology Increserves the right to but has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Spicy Chili Technology Incmakes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Spicy Chili Technology Incbe liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.

Notwithstanding the foregoing, Spicy Chili Technology Increserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may report User Content that you believe violates these Terms of Use, or other inappropriate user behavior to Spicy Chili Technology Inc’s attention by clicking on the "report" button next to the comment box or by contacting us

H. Your Content:

User Content that you make available in connection with the Service is referred to herein as

“Your Content.”

You agree that Your Content is not confidential. You further agree that on termination of your Account, we may delete Your Content and will not be returning Your Content to you in a consolidated format.

You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without Spicy Chili Technology Incincurring any third party obligations or liability arising out of its exercise of such rights and licenses.

Spicy Chili Technology Incdoes not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.

For purposes of displaying your content for reading purposes on the App, you hereby grant to Spicy Chili Technology Inca worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Spicy Chili Technology Incthe right to sublicense and authorize others to exercise any of the rights granted to Spicy Chili Technology Incunder these Terms of Use. Subject to termination and deletion of your account, you further perpetually and irrevocably grant Spicy Chili Technology Incthe unconditional right to use and exploit your account name, persona and likeness (as described in the Privacy Policy) included in any User Content and in connection with any User Content, without any obligation to you. Please review our Privacy Policy [http://Spicy Chili Technology Incs.com/privacy ] to make sure that you understand how we will process your personal data. To the extent permitted by law, you waive, and/or agree not to assert, any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.

Spicy Chili Technology Inchas no obligation to monitor or enforce your intellectual property rights in or to Your Content.

I. Intellectual Property

Except for User Content, the content that Spicy Chili Technology Incprovides in connection with the Service may be protected by copyright or other intellectual property rights, and owned by Spicy Chili Technology Incor third parties. You obtain no copyright or other interest in connection with your use of the Service.

You are expressly prohibited from engaging in monetization or profiting from your use of the Service.

Spicy Chili Technology Inchereby reserves all rights not expressly granted to you in these Terms of Use.

J. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

Spicy Chili Technology Increspects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.

Spicy Chili Technology Inc’s intellectual property policy is to remove or disable access to material that Spicy Chili Technology Incbelieves in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service.

Spicy Chili Technology Inchas discretion to terminate the Account of any user after receipt of a single notification of claimed infringement or upon Spicy Chili Technology Inc’s own determination.

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Copyright Agent identified below. Your Notification of Claimed Infringement may be shared by Spicy Chili Technology Incwith the user alleged to have infringed a right you own or control, and you hereby consent to Spicy Chili Technology Incmaking such disclosure. Your communication must include substantially the following:

• §A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

• §Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;

• Identification of the specific 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 Spicy Chili Technology Incto locate the material;

• Information reasonably sufficient to permit Spicy Chili Technology Incto contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;

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

• 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.

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

Spicy Chili Technology Inc’s Copyright Agent (DMCA designated agent) for receipt of Notifications of Claimed Infringement can be contacted at:

Regarding counter notification, if you receive a notification from Spicy Chili Technology Incthat material made available by you on or through the Service has been the subject of a notification of claimed infringement, then you will have the right to provide Spicy Chili Technology Incwith what is called a “counter notification.” To be effective, a Counter Notification must be in writing, provided to Spicy Chili Technology Inc’s Copyright Agent through one of the methods identified above and include substantially the following information:

• A physical or electronic signature of the subscriber;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

• The subscriber's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, then for any judicial district in which Spicy Chili Technology Incmay be found, and that the subscriber will accept service of process from the person who provided notification under Section 9.d above or an agent of such person.

If you submit a counter notification to Spicy Chili Technology Incin response to a notification of claimed infringement, then Spicy Chili Technology Incwill promptly provide the person who provided the notification of claimed infringement with a copy of your counter notification and inform that person that Spicy Chili Technology Incwill replace the removed User Content or feedback or cease disabling access to it in 10 business days, and Spicy Chili Technology Incwill replace the removed User Content or feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Spicy Chili Technology Inc’s Copyright Agent receives notice from the party that submitted the notification of claimed infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Spicy Chili Technology Inc’s system or network.

K. Restrictions and Rules of Use:

As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section and in our Acceptable Use Policy which forms part of these Terms of Use as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

The Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

You are responsible for configuring your information technology, computer programs and platform to access the Service and you should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the Site or mobile application on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

L. Virtual Currency and Goods:

The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, “Virtual Currency”). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, “Virtual Goods”).

Spicy Chili Technology Increserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and Spicy Chili Technology Incshall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service's Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Spicy Chili Technology Inc. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Spicy Chili Technology Inc, any other user of the Service or any other party.

You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by Spicy Chili Technology Incin its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon Spicy Chili Technology Inc’s discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and Spicy Chili Technology Incwill have no liability to you in connection therewith.

M. Posting On Other Websites and Linking to the Service:

Subject to these Terms of Use, Spicy Chili Technology Incagrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as Spicy Chili Technology Incmay authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website

(i) is not a commercial competitor of Spicy Chili Technology Inc,

(ii) does not criticize, or take other actions that could reasonably expected to result in harm to, Spicy Chili Technology Inc,

(iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction,

(iv) does not charge for access to such content and does not associate products, services or advertising with such content, and

(v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an “Authorized Website”).

The foregoing license is expressly conditioned on your accompanying each such posting with both (i) a link to http://www.Spicy Chili Technology Inc.com and (ii) the statement “Copyright Spicy Chili Technology IncAll Rights Reserved. Used With Permission.” on every page on which the posting appears.

Spicy Chili Technology Incagrees to grant you a non-exclusive, limited license, revocable at Spicy Chili Technology Inc’s discretion, for you to link to Spicy Chili Technology Inc’s home page from any Authorized Website. You may not display the Service or any portion thereof in frames or “in-line links” without express written permission from Spicy Chili Technology Inc.

N. How we may use your personal information

Your privacy matters to us. We will only use your personal information,Please review our Privacy Policy to make sure that you understand our practices.

O. Termination:

These Terms of Use will remain effective until terminated by either party.

Your rights to end the contract: You may terminate these Terms of Use at any time and for any reason by (a) contacting Spicy Chili Technology Incthrough [email protected] notifying us of your termination, (b) deleting or otherwise destroying all Service-related materials; and (c) ceasing use of the Service.

Our rights to end the contract: Spicy Chili Technology Incmay terminate these Terms of Use, your Account and your access to the Service (or, at Spicy Chili Technology Inc’s sole option, applicable portions of the Service) at any time and for any reason. Spicy Chili Technology Incmay, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Spicy Chili Technology Incis not required to provide you with any such notice or warning prior to any such termination under this Section.

Deactivation or termination of your Account: if your Account has been inactive for one year or more, Spicy Chili Technology Incmay deactivate or terminate your Account at its sole discretion. You further agree that on such deactivation or termination of your Account, Spicy Chili Technology Incmay delete Your Content and information, and will not be returning Your Content to you in any way. Spicy Chili Technology Incwill not be responsible for any damages or consequences incurred by you in connection with Your Content or information that is deleted. It is solely your responsibility to save any of your Content. Spicy Chili Technology Incconsiders several factors to understand whether you are still accessing your Account. These factors include your last access date.

Breach of Terms' consequences: In addition, Spicy Chili Technology Incmay notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Spicy Chili Technology Incsuspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Spicy Chili Technology Inc; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Spicy Chili Technology Inc, any third parties or the Service itself.

Consequences of termination: You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable.

You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Spicy Chili Technology Inc, you will not be entitled to and Spicy Chili Technology Incwill not be liable to you or any third party for any refund, reimbursement or other liability. If Spicy Chili Technology Incterminates your Account, you may not participate in the Service or any other Spicy Chili Technology Incservice without Spicy Chili Technology Inc’s express written permission. To request permission for post-termination participation in a Spicy Chili Technology Incservice, submit a request through [email protected]

. Spicy Chili Technology Increserves the right to refuse to provide Accounts for, and provide Spicy Chili Technology Incthe Service to, any individual. You shall not allow individuals whose Accounts have been terminated by Spicy Chili Technology Incto use your Account.

P. Disputes With Others:

You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Spicy Chili Technology Inchereby disclaims any and all liability to you or any third party relating to your use of the Service.

You will cooperate fully with Spicy Chili Technology Incto investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Spicy Chili Technology Incaccess to any password-protected portions of your Account. Spicy Chili Technology Increserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.

Q. Disclaimers of Warranties:

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.

THE Spicy Chili Technology IncPARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

R. Limit of Liability:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Spicy Chili Technology Incor any other Spicy Chili Technology IncParty may not, as a matter of applicable law, disclaim any warranty, limit or exclude its liability or the scope and duration of such warranty as set forth in these Terms of Service, Spicy Chili Technology Inc’s and such Spicy Chili Technology IncParty’s liability shall be the minimum permitted under such applicable law.

S. Links to External Locations and Third Party Websites:

The Service may contain links to third-party websites or resources. You acknowledge and agree that Spicy Chili Technology Incis not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Spicy Chili Technology Incof such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spicy Chili Technology Incmay remove any links at any time for any reason or for no reason.

T. Indemnification:

You will be responsible for and agree to indemnify, defend and hold the Spicy Chili Technology IncParties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (i) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (ii) your (or anyone accessing the Service using your password) use of the Service, (iii) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (iv) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.

U. Which laws apply to this contract and where you may bring legal proceedings.:

These Terms of Use and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. In the event any litigation arises out of these Terms of Use, the parties hereto consent to the personal jurisdiction of all federal and state courts located in Santa Clara County, California and to the same courts as the exclusive venue for such litigation. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Spicy Chili Technology Incunder these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Spicy Chili Technology Incfor which remedies at law are inadequate. Spicy Chili Technology Incshall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. The preceding provision regarding applicable law and venue does not apply if you are a consumer based in the European Union. If you are based in the European Union, these Terms of Use will be subject to the laws and jurisdiction of your country of residence.

V. Other important terms:

Internet and data charges. You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.

Service access out of the US: Spicy Chili Technology Incoperates and controls the Service from its offices in the United States. Spicy Chili Technology Incmakes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Spicy Chili Technology Incto any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Export Controls: Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

No relationship: You agree that no joint venture, partnership, employment or agency relationship exists between you and Spicy Chili Technology Incas a result of these Terms of Use or your use of the Service.

These Terms are the entire agreement between us: These Terms of Use constitute the entire agreement between you and Spicy Chili Technology Incwith respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Site or the mobile application by Spicy Chili Technology Inc.

Even if we delay in enforcing this contract, we can still enforce it later. The failure of Spicy Chili Technology Incto exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If a court finds part of this contract illegal, the rest will continue in force. If any provision of these 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 the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use.

We may transfer this contract to someone else: These Terms of Use may not be assigned by you without Spicy Chili Technology Inc’s prior written consent, but are freely assignable by Spicy Chili Technology Inc.

And a few more terms: The section headings used herein are for convenience only and shall not be given any legal importance. Upon Spicy Chili Technology Inc’s request, you will furnish Spicy Chili Technology Incany documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Spicy Chili Technology Incby virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. A person who is not a party to this agreement shall have no right to enforce any of its terms.

W. These sections will still be applicable after termination of our contract: You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section O (Termination), Section P (Disputes with Others), Section Q (Disclaimers of Warranties), Section R (Limitations of Liability), Section T (Indemnification), Section U (Which laws apply to this contract and where you may bring legal proceedings) and Section V (Other Important Terms).

Contact Us:

For all correspondence, please contact us through [email protected]

© 2016-2020 Spicy Chili Technology Inc, Inc.

Acceptable Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING OUR SERVICE

What's in this acceptable use policy?

This acceptable use policy ("Policy") sets out the content standards that apply when you upload content to our Service, make contact with other users on our Service, link to our mobile app or Site, or interact with our Service in any other way. This Policy is part of our Terms of Use and should be read in conjunction with our Terms of Service

We may make changes to the terms of this Policy. Every time you wish to use our Service, please check this Policy to ensure you understand the terms that apply at that time. This Policy was most recently updated on [DATE]

Prohibited Uses

You may use our Service only for lawful purposes. You agree not to use the Service to transmit, make available or otherwise promote or support:

a. a.any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

b. b.any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;

c. c.cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or

d. d.unreleased Service content (such as in-Appitems or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or Appplay on any portion of the Service.

You further agree not to:

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;

(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;

(iv) use the Service to harm minors in any way;

(v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual or misrepresent your identity;

(vi) defraud or mislead Spicy Chili Technology Incor other users or otherwise engage in any suspicious activity;

(vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme, web links to other sites or any other product or service of any kind;

(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or give the impression that any of Your Content emanates from Spicy Chili Technology Incs if that is not the case;

(ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;

(x) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Spicy Chili Technology Incexperience to the detriment of fair play; or

(xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.

You also agree not to access the Service:

(x) by any means other than through the interface that is provided by Spicy Chili Technology Incfor use in accessing the Service;

(y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or

(z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Interactive Services

We may provide interactive functionality on our Service, including without limitation:

• In Appcontribution and messaging

• Chat rooms

• Comments/Message Boards

• Online Forums

("Interactive Services")

Content Standards

When using any of the Interactive Services, you also agree to the following Content Standards:

User Content (or part thereof) must not:

a)be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, inflammatory, pornographic, sexual, libelous, invasive of another’s privacy, deceitful, bullying, insulting, intimidating, humiliating, promoting violence, hateful, discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or disparaging or otherwise objectionable or inappropriate;

b)promote illegal activity, such as drug use;

c)include content you do not have a right to make available under any law or under contractual or fiduciary relationships or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

d)infringe any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party.

You also agree not to:

e)excessively communicate the same phrase, similar phrases, or gibberish;

f)create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service;

g)post or transmit non-constructive comments;

h)abuse any functionality enabling reporting to Spicy Chili Technology Incby sending false alarms or nonsensical messages;

i)bump forum threads;

j)number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or “First!” posts;

k)post off-topic comments;

l)commit other actions that Spicy Chili Technology Incconsiders, in its sole discretion, to be “flaming,” “trolling” or “spamming”;

m)create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or

n)links to threads from other forums unless previously approved by a moderator.

Breach of this Policy

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Service and to take action. When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Service, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Service.

• Immediate, temporary or permanent removal of any User Content uploaded by you to our Service.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate