PLEASE READ THESE TERMS VERY CAREFULLY BEFORE YOU USE DEMOCRACITY. THEY’RE IMPORTANT. SUMMARY Obviously you should read all of these terms, but you’re probably going to do that later – we understand, you want to get to using DEMOCRACITY right now. Before you do there are, a few things that you really should read now: • WHAT IS IT? DEMOCRACITY is an iOS app that lets you receive messages from the organizations that you chose and replay instantly to the messages by a push button. • IT’S EARLY DAYS: Some elements of DEMOCRACITY are experimental. We can’t promise that the DEMOCRACITY App is free of inaccuracies, errors, bugs or interruptions. We can't promise that it will be free from interruptions or that the service is always reliable, accurate, complete or otherwise valid. The DEMOCRACITY App and the DEMOCRACITY app service are provided "as is" with no warranty, express or implied, of any kind. We expressly disclaim any and all warranties of fitness for purpose, availability, security, title and/or non-infringement. You use the DEMOCRACITY App at your own discretion and risk. • PRIVACY: DEMOCRACITY keeps your number when you register but these numbers are transmitted in an encrypted format, and we never access, upload, or store any further identifying information like names or addresses. We don’t know (or want to know) who these numbers belong to, only whether they have installed the DEMOCRACITY App. Furthermore, we ever won’t share these numbers with third parties. We only access your address book when you add new contacts and only to see if that contact is already using the DEMOCRACITY service. • INTERNATIONAL RESTRICTIONS: DEMOCRACITY might not work in every country. We’re sorry. 1. YOUR AGREEMENT FOR USING DEMOCRACITY • The DEMOCRACITY software application (the “DEMOCRACITY App” or the “App”) and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions of it (“Updates”) and whether made available for free or for a fee, is licensed (not sold) to you by 50 Star Tech LLC LLP. • The DEMOCRACITY App is free for an introductory period after which there may be a charge to purchase and download it from all relevant app stores. The features of the DEMOCRACITY service that are available during the initial phase are free to use App. Any additional products or features of the DEMOCRACITY App or DEMOCRACITY service (including the continued storage for longer than 1 year of the content you send and receive using the DEMOCRACITY service (your “Content”)) or other “DEMOCRACITY” branded products that you pay for (including products or features which are available for free on a trial basis only) will be provided to you by 50 Star Tech LLC LLP and will be clearly marked as being paid for. The prices for these products will also be clear. • Our website is www.CITIZENVOICE.com (“Website”). • “we”, “us”, “our”, and similar means 50 Star Tech LLC Limited, 260 Bath Road, Slough, Berkshire, SL1 4DX, United Kingdom as the context requires; “you” or “your” means you, the person who has downloaded and is using or uses the DEMOCRACITY App and is the licensee under these Terms. • Your agreement with us is made up of the terms and conditions set out in this document (the “Terms”). 2. ACCEPTANCE OF THE TERMS • In order to download and/or use the App and/or Website you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the App, the DEMOCRACITY service and/or Websites. You should print a copy of these Terms for your records. • You can’t accept these Terms if you are not of legal age to form a binding agreement with us. If you are not old enough to accept the terms then you should not use the App or the DEMOCRACITY service. 3. CHANGES TO THE TERMS • We may make changes to these Terms from time to time. We will publish the changes on the Website and in the App. Any changes will be effective when we publish them. Please do read the Terms from time to time. You understand and agree that your express acceptance of the Terms or your use of the App or Website after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you can terminate your relationship with us or simply stop using the App and/or the Website. 4. LICENSE • Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sub licensable, non-assignable, free of charge license to download and install the App on a mobile phone or other device with which it is compatible; and personally use the App to access and make use of the DEMOCRACITY service. We reserve all rights not expressly granted to you under these Terms. • You may not and you agree not to sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the App or use the App: • for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code; • for unlawful or fraudulent purposes, or in connection with a criminal offense or other unlawful activity; • to send, receive, upload, download, use or reuse any material that is illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, derogatory, obscene, menacing, or otherwise objectionable; • to harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties; • to collect or harvest any personally identifiable information, including account names, from the App of the DEMOCRACITY service; • for business, commercial or unreasonable use; • in any way that breaches copyright, trademark, confidence, privacy or infringes the intellectual property rights of others; • in any way that causes, or is likely to cause, the Services or access to the Services to be interrupted, damaged or impaired in any way; or • to initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons. If you do, we may terminate your license to use the App in line with paragraph 9. • You may need to use, and accept the terms of, third party services to be able to use the App – for instance the terms of service for the phone operating system that you are using, or your mobile service provider’s terms. We are not responsible for you accepting those terms and you do so only if you want to. Even then, the App may only work on certain types of technology. 5. USE OF THE APP AND WEBSITE • In order to use the App you’ll need an iOS device (with at least software version iOS 5 or later), a friend or contact that also has the App and you’ll both need to be connected to the internet through the mobile phones you’re using. The App will only work on one iOS device at a time, when you start using it on a new device it will stop working on any previous devices you have used the App on. • We have no obligation to make available any Updates. However, we may in our sole discretion require you to download and install Updates and/or the App may download and install Updates from us automatically from time to time. You agree to receive such Updates from us in order to continue using the App and you agree to accept such Updates subject to these Terms. • From time to time, we may need to perform maintenance on or upgrade the App, the DEMOCRACITY service or the Website or the underlying infrastructure that enables you to use them. If we can, we will publish the time and date of such suspension or limitation on the Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of the App, the DEMOCRACITY service or the Website. • The App and the DEMOCRACITY service are not intended to support or carry emergency calls of any sort. There are important differences between traditional telephone services and what the App does. By using the service, you acknowledge and agree that: (i) we are not required to offer access to emergency services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the App, telephone services that offer access to emergency services if you need them, and (iii) the App is not a replacement for your primary telephone service. • We are not the source of, do not have any control over, do not monitor and take no responsibility for the content of communications made using and stored in or by the App. By using the App, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is the responsibility of the person from whom such content originated and/or people choosing to store that content. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate, store and access using the App. In particular, you are responsible for ensuring that you do not do any of the things listed in paragraph 4.2. We reserve the right (but shall have no obligation) to decide whether any content that you use complies with these Terms. We may at our sole discretion remove such content and/or terminate these Terms if you use any content that is in breach of these Terms. • We can’t guarantee that the App will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the App, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet and your power supply. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. • The DEMOCRACITY service and the functionality of the App may vary from time to time. If you do not agree with any changes to the DEMOCRACITY service or the App you may terminate your relationship with us or simply stop using the App. In addition, you acknowledge and agree that the DEMOCRACITY service and the App may be subject to usage limits or geographical restrictions, which may vary from time to time. • We need to make sure that we can provide the best possible service to everyone that wants to use it. So we have a “fair usage” policy that stops users from abusing the service and reducing the quality for others. It’s designed to only affect really excessive users of the service. We’ll only contact you or remove your ability to use the service if we believe your usage is truly excessive. If we stop you being able to use the service for this reason then you might not be able to recover any of your Content. • Part of what you get with the DEMOCRACITY service is the knowledge your Content will be stored on our secure servers and available to you for at least a year. This Content will not be shared with any third parties. If you need to access your Content (for instance if you lose your phone and have to start using a new one) then it will be available for you. Just use the App and you will be able to see your Content as if you’d never gone away. • The “online” contact presence information in the App is near-real time but won’t always be 100% accurate. • As DEMOCRACITY is a very new service, we would love to have your feedback on the App and the service, its performance, as well as other suggestions for future versions. You can leave feedback and ask questions by going to the support site at https://support.DEMOCRACITYapp.com. 6. YOUR OBLIGATIONS • You must use the DEMOCRACITY service, the App and Website in line with the laws of where you are using them. In some countries there are restrictions on the download and use of the DEMOCRACITY service, the App and Website. • You may not do any of the things set out in paragraph 4.2 above. • Please be respectful of other users of the DEMOCRACITY service. You acknowledge and agree that: • by using the Website and/or the App you may be exposed to content that you may find offensive or indecent and you do so at your own risk; • you are solely responsible for, and we have no responsibility to you or any third party for any submissions that you create, submit, post or publish on the Website or through the App (“User Submissions”); • we do not guarantee any confidentiality with respect to User Submissions, whether or not they are published; and • we are not responsible for any User Submissions that you may have access to through your use of the Website or the App and all User Submissions are the responsibility of the person from whom such User Submissions originated. We don’t endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. • In connection with your User Submissions, you represent and warrant that you: • own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and • you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. • You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content. • If, at any time you choose to upload or post User Submissions to the Website or through the App (excluding the content of your communications) you automatically grant us a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trademarks associated therewith, in connection with the Website and the App including for the purpose of promoting or redistributing part or all of the Website and/or the App, in any and all media now known or hereafter devised. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law. • You may not submit or publish through the Website or the App any User Submissions that are libellous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Website or the App with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the Website or the App or features that prevent or restrict the use of any content thereof. • From time to time, we may request information from you for the purpose of supplying the DEMOCRACITY service or the App to you. You shall ensure that any such information is complete, up-to-date and accurate. • The DEMOCRACITY Service and the App are for your individual use. You shall not resell or commercialize the App and/or the DEMOCRACITY services to any third party. 7. PROPRIETARY RIGHTS • The App, the DEMOCRACITY service and Website contain proprietary and confidential information that is protected by intellectual property laws and treaties. • The content and compilation of content included on the Website, (excluding User Submissions by users) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of 50 Star Tech LLC, its affiliates or licensors and are protected by United Kingdom and international copyright laws. Such copyright protected content cannot be reproduced without our express permission. • We and/or our licensors retain exclusive ownership of the App, the DEMOCRACITY service and Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with our intellectual property rights in the App, the DEMOCRACITY service and/or Website. • “DEMOCRACITY”, associated trademarks and logos and the “DEMOCRACITY” logo are trademarks of 50 Star Tech LLC. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or any of our related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of our intellectual property (in whole or part) or that is confusingly similar thereto. 8. CHARGES • Using the App may use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator. 9. ENDING YOUR RELATIONSHIP WITH US • You may terminate your relationship with us at any time and without recourse to the courts by ceasing to use the App and/or Website. • We may terminate our relationship with you, or may terminate or suspend your use of the App, the DEMOCRACITY service or Website at any time and without recourse to the courts: • if you are in breach of these Terms; • if we reasonably suspect that you are using the DEMOCRACITY service, the App and/or Website to break the law or infringe third party rights; • if we reasonably suspect that you (or a third party on your behalf or with your access) are using DEMOCRACITY service, the App and/or Website fraudulently; • on thirty (30) days notice if we decide to cease offering the DEMOCRACITY service and/or Website; or • immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of our partners. • We will effect such termination by preventing your access to DEMOCRACITY service, the App and/or Website (as applicable). If you don’t use the DEMOCRACITY service for more than one (1) year, you may need to reregister before you can use the service again. • Upon termination of your relationship with us: • all licenses and rights to use the DEMOCRACITY service, the App and/or Website shall immediately terminate; • you will immediately cease any and all use of DEMOCRACITY service, the App and/or Website; and • you will immediately remove the App from your mobile phone. 10. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY • For the purposes of this paragraph 10, 50 Star Tech LLC includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees. • TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE TU SERVICE, THE APP AND THE WEBSITE ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; 50 STAR TECH LLC DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH ARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE TU SERVICE, THE APP AND THE WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. 50 STAR TECH LLC FURTHER DOES NOT REPRESENT OR WARRANT THAT THE TU SERVICE, THE APP AND THE WEBSITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES 50 STAR TECH LLC WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE TU SERVICE. • Nothing in this these Terms shall exclude or restrict either your or our liability for; • death or personal injury; • loss resulting from the other party’s wilful default or gross negligence; • fraud or deliberate misrepresentation; or • any liability which cannot be limited or excluded by applicable law. • YOU ACKNOWLEDGE AND AGREE THAT 50 STAR TECH LLC WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO 50 STAR TECH LLC, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE TU ME SERVICE, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE TU SERVICE, THE APP AND/OR THE WEBSITE IS TO IMMEDIATELY DEINSTALL THE APP AND CEASE USE OF THE APP AND/OR THE WEBSITE. • Subject to paragraphs 10.3 and 10.4 above, 50 STAR TECH LLC shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to 50 Star Tech LLC, for: • any indirect, special, incidental or consequential damages; or • any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or • any damage to or corruption of data (whether direct or indirect); or • any claim, damage or loss (whether direct or indirect ) arising from or relating to your inability to use the DEMOCRACITY service to contact emergency services; or • the service limitations set out in these Terms; or • any claim, damage or loss (whether direct or indirect) arising from or relating to any product or service provided by a third party under their own terms of service, any Third Party Technology or any third party website. • Subject to paragraphs 10.3 - 10.5 above, 50 Star Tech LLC’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE TU ME SERVICE IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND EUROS IN ALL CASES. • If any third party brings a claim against 50 Star Tech LLC in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); or (iv) your User Submissions, you will indemnify and hold 50 Star Tech LLC harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim. 11. THIRD PARTY WEBSITES PRODUCTS AND SERVICES • The App and Website may include hyperlinks to other third party websites. We’re not responsible for such third party websites or the availability of such websites and we don’t endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. 12. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY • We’re committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy. 13. HOW TO CONTACT US • To contact us in relation to the 50 Star Tech LLC service, the App or “DEMOCRACITY” branded products, please contact us through the Website at www.CITIZENVOICE.com. 14. MISCELLANEOUS • These Terms constitute the entire agreement between you and 50 Star Tech LLC with respect to your use of the DEMOCRACITY service, the App and/or Website and replace any prior agreements between you and us with respect to the DEMOCRACITY service, the App and/or Website. • If any provision of these Terms (or part of them), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms. • The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our rights or remedy. If we waive a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms. • You may not assign these Terms or any rights or obligations contained in them. We may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party. • This paragraph 14, along with paragraph 10 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms. • You acknowledge and agree that if we are unable to provide the DEMOCRACITY service, the App and/or Website as a result of a force major event, we will not be in breach of any of our obligations towards you under these Terms. A force major event means any event beyond our control. • These Terms shall be governed by and interpreted in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE APP OR USE THE APP, AND/OR TU ME SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT US THE RIGHTS SET FORTH HEREIN.