Terms of Use

PLEASE READ THIS TERMS OF USE AND END USER LICENSE AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING OR USING ANY IYWI PRODUCT(S) FOR APPLE-BRANDED PRODUCTS RUNNING THE IOS OPERATING SYSTEM (“IOS PRODUCTS”) OR ANDROID BASED PRODUCTS (“ANDROID PRODUCTS”) DISPLAYING THIS END USER LICENSE AGREEMENT, AND ANY ACCESS TO AND USE OF THE IYWI WEBSITE, MOBILE APP, SOCIAL MEDIA SITES, AND OTHER SERVICES PROVIDED BY US (collectively with the IOS PRODUCTS AND ANDROID PRODUCTS THE “IYWI PRODUCT(S)” and “SERVICES”), YOU, (“YOU” OR “YOUR”) AGREE TO USE SUCH IYWI PRODUCT(S) SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS TERMS OF USE AND END USER LICENSE AGREEMENT (“AGREEMENT”), AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT WITH IYWI (AS DEFINED BELOW). YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS. IF YOU ARE UNDER EIGHTEEN, YOU MAY ONLY USE THE IYWI PRODUCT(S) IF YOUR PARENT OR GUARDIAN AGREES TO THIS END USER LICENSE AGREEMENT AND IN THIS CASE “YOU” OR “YOUR” INCLUDE BOTH THE INDIVIDUAL UNDER EIGHTEEN AND THE APPLICABLE PARENT(S) OR GUARDIAN(S) ENTERING INTO THIS AGREEMENT.

YOUR USE OF IYWI PRODUCT(S) IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR PRIVACY POLICY, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS OR USE IYWI PRODUCT(S). BY INSTALLING AND USING THE IYWI PRODUCT(S) YOU AGREE TO THE PRIVACY POLICY AND THIS AGREEMENT.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE LICENSED APPLICATION IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES.

The terms of Your agreement with Your mobile carrier apply to Your relationship between You and Your mobile carrier.

IYWI Products are licensed, not sold, to You for use only under the terms of this license, unless a IYWI Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor, IYWI, LLC, (“IYWI”) and its licensors reserve all rights not expressly granted to You. The IYWI Product that is subject to this license is referred to in this Agreement as the “Licensed Application.”

This Agreement is made between You and IYWI (the “Parties”). Neither Apple Inc. nor any subsidiary or affiliate of Apple Inc. (collectively and individually referenced in this Agreement as "Apple") is a party to this Agreement. Except as specifically provided in Section A, this Agreement does not confer any enforceable rights or remedies upon any person other than the Parties. The Parties acknowledge that this Agreement is concluded between themselves only, and not with Apple, and as between IYWI and Apple, IYWI, not Apple, is solely responsible for the Licensed Application and the content thereof.

A. Scope of License. This license granted to You for the Licensed Application by IYWI is limited to a non-transferable license to use the Licensed Application on any Apple-branded, Android devices or other devices that You own or control and as permitted by the Usage Rules of the Apple App Store or Android App Stores Terms and Conditions the “Usage Rules”), except that (i) for Apple-branded products such Licensed Application may be accessed and used by other accounts associated with the You via Family Sharing or volume purchasing; and (ii) Service Providers may access the website portal and Services from any supported internet browser or similar method. For Apple-branded products the Usage Rules are set forth in the Apple Media Services Terms and Conditions available at available at https://www.apple.com/legal/internet-services/itunes/us/terms.html. This license does not allow You to use the Licensed Application on any Apple-branded product, Android device or other similar device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of IYWI and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by IYWI that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In order to use the Products, You may be required to upgrade to the latest mobile application version. IYWI may notify You via email or other mechanisms describing the applicable upgrade. The Parties acknowledge and agree that IYWI’s licensors and Apple are the intended third party beneficiaries of this Agreement and, upon Your acceptance of the terms and conditions of this Agreement, have the express right to rely upon and directly enforce the terms of this Agreement against You as a third party beneficiary hereof. There are no implied licenses granted by IYWI under this Agreement. Except as specified above, You shall have no rights to the Licensed Application.

B. Use Restrictions. You, directly or indirectly, alone or with any other party, may not:

(i) modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Licensed Application, or remove proprietary legends in the Licensed Application.

(ii) distribute, transfer, resell, rent, lease, or loan the Licensed Application to any other party, except as described above.

(iii) make the Licensed Application available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use.

(iv) transfer the Licensed Application to any third party for outsourcing or any other purpose without the express prior written consent of IYWI.

(v) Remove or modify the source code responsible for displaying the IYWI branding that links back to http://www.iywico.com as part of rendered pages. Furthermore, when the Licensed Application is being used in a website or application, the IYWI branding must stay fully visible and not visually overlapped by other elements.

(vi) Disable, modify or restrict IYWI’s access to usage statistics.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF THE LICENSED APPLICATION.

C. Ownership. You acknowledge and agree that the Licensed Application belongs to IYWI or its Licensors. You agree that You neither own nor hereby acquire any claim or right of ownership to the Licensed Application or to any related patents, copyrights, trademarks or other intellectual property. IYWI and its Licensors retain all right, title and interest in and to all copies of the Licensed Application at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. The Licensed Application is protected by copyright and other intellectual property laws and by international treaties. You may not make any copies of the Licensed Application except for Your own personal use. Any and all other copies of the Licensed Application made by You are in violation of this license. All content accessed through the Licensed Application is the property of the applicable content owner and may be protected by applicable copyright law. This license gives You no rights to such content. All trademarks used in connection with the Licensed Application are owned by IYWI, its affiliates and/or its Licensors and other suppliers, and no license to use any such trademarks is provided hereunder. All suggestions or feedback provided by You to IYWI with respect to the Software shall be IYWI’s property and deemed confidential information of IYWI. You and IYWI acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of the Licensed Application infringes that third party’s intellectual property rights, IYWI, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim.

D. Support. This Agreement does not entitle You to receive from IYWI, its Licensors, or Apple hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Licensed Application. The Parties acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application. IYWI may, in its sole discretion, provide to You updates to the Licensed Application.

E. Consent to Use of Data. You agree that IYWI may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. IYWI will own and retain all rights to user-contributed content and data captured through the Licensed Application. IYWI may use this information to improve its products, to provide services or technologies to You, or for any other lawful purpose. In addition, IYWI Privacy Policy located at www.iywico.com/privacy-policy shall govern the collection, use, transfer and disclosure of personal information and is incorporated herein by this reference.

F. Termination. The license is effective until terminated by You or IYWI. The license may be terminated upon notice by either party. Your rights under this license will terminate automatically without notice from IYWI if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

G. Services. The Licensed Application may enable access to IYWI’s and third-party services and web sites, or You may have separative access to these services and web sites (collectively and individually for the purposes of this Section included as "Services" and with respect to the third-parties, the “Third-Party Services”). Use of the Services may require Internet access and that You accept additional terms and conditions,. The IYWI website may contain links to other sites on the Internet that are owned and operated by vendors and other third parties (the “External Sites”). You acknowledge that IYWI is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if You have any concerns regarding such links or the content located on such External Sites.

You agree that any Services which contain proprietary content, information and material is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that IYWI is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, Third-Party Services that may be accessed from, displayed on or linked to from the iPhone, iPod touch, iPad, Android devices or other device, are not available in all languages or in all countries. IYWI makes no representation that such Services are appropriate or available for use in any particular location. To the extent You choose to access such Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. IYWI, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will IYWI be liable for the removal of or disabling of access to any such Services. IYWI may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Accounts and Registration

To access and use certain areas of the Services you must create an account (“Account”) by providing us with information such as your name and additional information we may ask for or which you may elect to provide. You are responsible for all activity that occurs in association with your Account. IYWI is not liable for any loss or damage caused by your failure to maintain the confidentiality of your Account credentials. You agree to notify us immediately at the email below if you discover or suspect any security breach related to the Services or your Account.

User Content

The Services allow you to post, link, share, and otherwise make available certain information, text, graphics, or other content (“User Content”). You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any intellectual property rights or rights of privacy. We reserve the right (but not the obligation) to reject and/or remove any User Content that we believe, in our sole discretion, violates this Agreement. You represent and warrant that you have all necessary rights, consents, and permissions to submit to the Services and otherwise disclose, transfer, and use all User Content, including to grant the licenses to User Content herein.

By posting or publishing User Content, you grant us a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, modify, create derivative works of, perform, display, reproduce, and distribute such User Content on and through the Service.

Community Standards

All User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Payment Terms

Your use of the Services is based on a subscription and is subject to certain recurring fees and other fees and charges, as applicable. Services may also be offered within a free tier for users that meet the thresholds set by IYWI. When you use the Services you either meet the qualifications for a free tier or agree to the applicable pricing and payment terms. IYWI may add new features for additional fees and charges, or amend fees and charges for existing features, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. All subscription fees, including any applicable taxes and transaction fees, are in U.S. Dollars and payable in advance. IYWI is not responsible for any charges or expenses you incur resulting from charges billed by IYWI in accordance with this Agreement. By providing a credit card number or other payment method with advance authorization features (such as in-app payments from third parties like Apple or Google), you authorize IYWI to continue charging the payment method for all charges due to IYWI until your Account is settled and your subscription is terminated by either you or IYWI. IYWI reserves the right to limit the number of Accounts that may be charged to a credit card or other payment or identification method per unique user.

You may cancel your Account at any time; however, payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, your subscription will be valid until your paid period is complete. Should you qualify for a free subscription during a partial paid portion, your paid subscription will continue until you cancel your subscription and use the free tier. The free period will commence upon cancellation and completed paid period. There are no refunds for not cancelling your subscription.

Communications Opt-in

By affirmatively signing up for calls and text messages (including when you opt-in or text YES to authorize text messages), you expressly consent to recurring SMS/MMS messages or calls from IYWI. Your consent includes authorization to deliver messages using an artificial voice, and/or other automated technology, and you acknowledge that your consent is not in any way required as a condition of making a purchase or using IYWI. You also consent to receive disclosures electronically and agree that you intend your electronic acceptance to be a valid signature on this Agreement. There is no charge from IYWI but your phone, text messaging and data charges may apply. You may opt out through the service or through any mechanisms specified in the Privacy Policy. You can cancel the SMS or MMS service at any time by texting “STOP” in reply. You may also get more information by texting "HELP". IYWI and carriers will not be liable for any delays in the transmission or receipt of any SMS/MMS messages as delivery is subject to effective transmission. Some mobile phone carriers may not receive our messages. Additional terms and conditions applicable to this service are contained in this Agreement, to the extent allowed by law, including but not limited to the disclaimer of warranties and limitation of liability.

IYWI - SMS Check-in Notifications

This messaging campaign will provide registered users daily check-in reminders and occasional account notifications. From the app, you may adjust the time that the check-in reminders begin. You may also pause reminders from the app. You can cancel the SMS service at any time - text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@iywico.com.Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy:https://iywico.com/privacy-policy

H. Product Claims. The Parties acknowledge that IYWI, not Apple, is responsible for addressing any claims made by You or third parties relating to the Licensed Application or Your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks, if applicable.

IYWI AND THE LICENSED APPLICATION ARE NOT INTENDED OR RECOMMENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE LICENSED APPLICATION IS NOT INTENDED TO GIVE AND DOES NOT GIVE PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, THERAPIST OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING ANY HEALTH OR MEDICAL CONDITION OR TREATMENT.

I. Restrictions. To prevent abuse of the Licensed Application, You must: (a) never harass, threaten or cause distress, unwanted attention or discomfort to a person or entity; (b) not contain or transmit sexually explicit images or other content that is offensive; (c) not contain or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party; (d) not impersonate any person, including but not limited to, an information provider, or communicate under a false name or a name not entitled or authorized to use; and (e) not violate (intentionally or unintentionally) any applicable local, state, national or international law, including but not limited to any regulations having the force of law.

J. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IYWI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IYWI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IYWI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. AS BETWEEN IYWI AND APPLE, IYWI SHALL BE SOLELY RESPONSIBLE FOR ANY PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED. IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE LICENSED APPLICATION TO YOU; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE IYWI’S SOLE RESPONSIBILITY.

K. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IYWI AND ITS OWNERS, MANAGEMENT, EMPLOYEES, USERS, AGENTS AND CONTRACTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF INFORMATION, OR LOSS OF BUSINESS , ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) AND EVEN IF IYWI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF IYWI AND ITS OWNERS, MANAGEMENT, EMPLOYEES, USERS, AGENTS AND CONTRACTORS TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

L. ASSUMPTION OF RISK. YOU hereby assume all risks associated with the use of the LICENSED APPLICATION AND SERVICES, including all risks of personal injury or property damage. YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE IYWI, ANY EMPLOYEES OR OFFICERS OF IYWI, AND ANY INDIVIDUALS ASSOCIATED WITH IYWI OR THE LICENSED APPLICATION AND SERVICES (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE LICENSED APPLICATION OR SERVICES.YOU FURTHER AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY YOUR ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF THE LICENSED APPLICATION AND SERVICES.

Information in the Licensed Application is provided “AS IS” for informational purposes only. The Licensed Application may include certain information, reference guides, videos, and databases which are not appropriate for your individual case. The Licensed Application and information provided therein also may contain errors, technical inaccuracies or typographical errors. You should always seek professional medical advice and exercise your own judgment for any given situation and with regard to any information provided by IYWI and the Licensed Application.

M. Injunctive Relief. You acknowledge and agree that Your breach or threatened breach of this Agreement shall cause IYWI irreparable damage for which recovery of money damages would be inadequate and that IYWI therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

N. Legal/Export Compliance. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other U.S. Government list of prohibited or restricted parties. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

O. US Government Use. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

P. Governing Law. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application. Notwithstanding the foregoing, the Arbitration Agreement in Section Q shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

Q. Arbitration Agreement. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove You as a participant in such a suit. By using the Licensed Application in any manner, You agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between You and IYWI. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing You from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of Your decision within thirty (30) days of the date that You first use the Licensed Application.

All claims arising out of or relating to this Agreement, to the Services, or to Your relationship with IYWI that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Austin, Texas, U.S.A. You and IYWI consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

If (a) You are not a U.S. citizen; (b) You do not reside in the U.S.; (c) You are not accessing the Service from the U.S.; and (d) You are a citizen of one of the countries identified below, You hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and You hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If You are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of Your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

R. General. This Agreement, along with the Privacy Policy and Website Terms of Use, is available at www.iywico.com/terms-of-service and, for Service Providers the BAA, shall constitute the entire agreement between the Parties regarding the subject matter hereof and by acknowledging this license You also acknowledge the obligations in such terms of service. The Parties agree that this license cannot be altered, amended or modified by You, except by a writing signed by IYWI. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. You shall not assign or transfer this license without the prior written consent of IYWI. Any attempt to assign or transfer this license by You shall be void. Each provision of this license is a separately enforceable provision. If any provision of this license is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this license to remain in effect in accordance with its terms as modified by such reformation.

S. User Outside the U.S. If You are using the Licensed Application outside the U.S.A., then the following shall apply: (a) You confirm that this Agreement and all related documentation is and will be in the English language; (b) You are responsible for complying with any local laws in Your jurisdiction which might impact Your right to import, export or use the Licensed Application or any services accessed or used in connection with the Software and Documentation, and You represent that You have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

T. Open Source Software. The Licensed Application may include the following Open Source Software and any such Open Source Software is subject to the additional license terms and conditions available at http://www.iywico.com/legal/

U. Updates. IYWI reserves the right to modify this Agreement at any time and for any reason. We will post the updated version of the Agreement. You are responsible for complying with the updated terms when posted. Your continued use of the Licensed Application and Services constitutes Your consent and agreement to the updated Agreement.

V. Contact. If You have any questions, complaints or claims with respect to the Licensed Application or any conduct or content, You can contact us at: IYWI, Attn: Legal, 1111 W. 6TH ST, BLDG A STE 300, AUSTIN, TX 78703 and legal@iywico.com.