Terms of Service

The following sets forth the agreement (this “Agreement”) between you and OneSmarter, Inc. – the owner of Real World Privacy App, (with its affiliates, “OneSmarter,” “we” or “us”) under which you may download and use all OneSmarter mobile applications (the “Software” or the “OneSmarter Service”), including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the OneSmarter Service and other materials that are provided by or in connection with the OneSmarter Service (“OneSmarter Materials”).
YOU ACKNOWLEDGE THAT, PRIOR TO DOWNLOADING AND USING THE SOFTWARE, YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, WITHOUT MODIFICATION. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.
You can review the most current version of this Agreement by visiting www.OneSmarter.com. The most current version will supersede all previous versions. By continuing to use the OneSmarter Service and our apps after changes are made, you agree to be bound by such changes.

Eligibility

You must be at least 18 years old to download and use all OneSmarter Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the OneSmarter Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not download or use any OneSmarter Service.

Use of the Software Generally

Provided that you otherwise fully comply with the terms and conditions of this Agreement, and upon your payment of the applicable fees (if any), we grant to you a limited, personal, non-exclusive, non-transferable and non-sub-licensable license to use the Software on one mobile device solely as set forth herein.

Restrictions

Except as expressly authorized herein, you agree to the following restrictions:
(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Software except as expressly provided in this Agreement.
(b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Software.
(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software or create derivative works based on the Software.
(d) You agree that you shall only use the OneSmarter Service in a manner that complies with all applicable laws in the jurisdiction in which you use the OneSmarter Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
(e) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the OneSmarter Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the OneSmarter Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the OneSmarter Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the OneSmarter Service.
(f) We do not promote, recommend or condone use of the OneSmarter Service during other activities, such as the operation of machinery, where there is any risk of accident. You agree not to use the OneSmarter Service during such activities.
(g) Unless otherwise specifically provided by us, our license to you under these Terms is personal to you and allows you to access and use the OneSmarter Service only on the device on which the software was first installed. The license is not transferrable to another person or another Device without our agreement.
(h) You agree to use the OneSmarter Service fairly.

Information Sharing with Third Parties

OneSmarter will not share your name, email address, or other personally identifying information with other companies, except as needed for OneSmarter to supply its services or communicate with you. We may share de-identified or other non-identifying information with our vendors, suppliers, advertisers, analytics companies and others to improve our service and the relevance of the content provided by those third parties.

Other Charges

In connection with your use of the OneSmarter Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

Electronic Communications

By downloading and/or using the OneSmarter Service, you consent to receiving electronic communications and notices from OneSmarter. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.

Advertising/Third Party Offers

In connection with your use of the OneSmarter Service, we may display certain third party advertising based on your current location or your use of the OneSmarter Service. Additionally, the OneSmarter Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with OneSmarter. OneSmarter is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.

Automatic Updates

OneSmarter may automatically provide your Software with updates/upgrades in order to keep your Software up-to-date.

Intellectual Property

The OneSmarter Service, including all Materials, is owned by OneSmarter and its affiliates and third-party licensors, as applicable, and is protected by applicable United States and foreign copyright, trade dress, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights and applicable laws. Materials do not include certain materials and content submitted by users of the OneSmarter Service or any website of OneSmarter or any of its affiliates. All trademarks, service marks and trade names are proprietary to OneSmarter and its affiliates and third-party licensors, as applicable.

Disclaimers; No Warranties

THE ONESMARTER SERVICE AND ANY THIRD-PARTY MUSIC, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ONESMARTER SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONESMARTER AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
ONESMARTER AND ITS AFFILIATES, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONESMARTER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE ONESMARTER SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ONESMARTER, AND ITS LICENSORS, SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ONESMARTER SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NEITHER ONESMARTER NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, PURCHASE, OR OTHERWISE OBTAIN MEDIA, MUSIC, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE ONESMARTER SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification; Hold Harmless; Release

You agree to indemnify, hold harmless and release OneSmarter, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of
(i) your use or misuse of the OneSmarter Service,
(ii) breach of any of this Agreement ,
(iii) your violation of any applicable law or the rights of any other person or entity, or
(iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the OneSmarter Service. OneSmarter reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ONESMARTER OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE ONESMARTER SERVICE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF ONESMARTER OR A ONESMARTER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ONESMARTER’s LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL ONESMARTER OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE ONESMARTER SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ONESMARTER SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL ONESMARTER, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN ONESMARTER AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE ONESMARTER SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE ONESMARTER SERVICE.

Technical Support

OneSmarter has no obligation to furnish you with technical support unless separately agreed in writing between you and OneSmarter.

Governing Law

If any dispute arises regarding this Agreement or the OneSmarter Service, you agree that the dispute will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Ohio, United States.

International

OneSmarter makes no claims that the Software may be lawfully accessed, used or downloaded outside of the United States. Any such use of the Software and/or the Materials may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.

Export Law Compliance

You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, and that you will not export or otherwise transfer the Software, directly or indirectly, to a prohibited country.

Waiver

Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Right to Terminate

Your rights under this Agreement will automatically terminate without notice from OneSmarter if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and OneSmarter may immediately restrict your access to the OneSmarter Service.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by OneSmarter as set forth above.

Open Source Notices

Portions of the Software may include copyrighted material that is “open source” software. As part of the applicable license agreements governing such open source software, OneSmarter is required to include certain provisions in this Agreement (each, an “Open Source Provision”) as set forth below.
THE TERMS OF EACH OPEN SOURCE PROVISION APPLY ONLY TO THE APPLICABLE OPEN SOURCE SOFTWARE CODE AS SPECIFIED BELOW. FOR CLARITY, ANY REFERENCES TO DEFINED TERMS WITHIN AN OPEN SOURCE PROVISION APPLY ONLY TO THE TERMS OF THAT OPEN SOURCE PROVISION AND THE OPEN SOURCE SOFTWARE CODE TO WHICH IT APPLIES. ALL OTHER ASPECTS OF THE ONESMARTER SERVICE AND ONESMARTER MATERIALS ARE GOVERNED BY THE PROVISIONS OF THIS AGREEMENT OTHER THAN THIS SECTION (OPEN SOURCE NOTICES).