End User License Agreement

1. Parties, and what this agreement covers

1.1 This End User Licence Agreement ("Licence") is between you and POSX US Inc. ("POSX", "we", "us", "Licensor"), whose registered office is 16192 Coastal Highway, Lewes, Delaware 19958, United States (registered office); correspondence to 340 Madison Avenue, Suite 6D, New York, NY 10173, United States. Incorporated in Delaware, United States. File / registration no. 10279819. EIN 39-3559683.

1.2 It covers the POSX mobile application, together with any update, upgrade, patch, plug-in, documentation and accompanying material we make available (the "Application"). It governs the software itself. The POSX Terms of Service govern the reward programme, your account and your reward balance; the Privacy Policy governs personal information. All three are published at https://posx.io/legal.

1.3 This Licence is concluded between you and POSX only, and not with Apple Inc. or Google LLC. POSX, not Apple or Google, is solely responsible for the Application and its content.

1.4 You accept this Licence by downloading, installing or using the Application. If you do not accept it, do not install the Application and delete any copy you hold.

2. Licence grant

2.1 POSX grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Application in object-code form, for your own personal and non-commercial purposes, in accordance with this Licence and the Terms of Service.

2.2 Apple devices. Where you obtain the Application from the Apple App Store, the licence is a non-transferable licence to use the Application on any Apple-branded product that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions — except that the Application may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, where Apple permits it.

2.3 Android devices. Where you obtain the Application from Google Play, the licence is a non-transferable licence to use the Application on any Android device that you own or control, and your use is also subject to the Google Play Terms of Service.

2.4 The Application is licensed to you, not sold. POSX and its licensors keep all right, title and interest in and to the Application, including all intellectual property in it. Any right not expressly granted is reserved.

3. What you may not do

Except to the extent that a restriction below is prohibited by law that you cannot contract out of, you must not:

(a) copy the Application, except as necessary to install and run it on a permitted device;

(b) modify, adapt, translate or create a derivative work of the Application;

(c) reverse engineer, decompile or disassemble the Application, or otherwise attempt to derive its source code, models, coefficients or algorithms — except to the extent that applicable law expressly permits it notwithstanding this restriction, and then only after you have asked us for the information you need and we have failed to provide it in a reasonable time;

(d) rent, lease, lend, sell, redistribute, sublicense or make the Application available to any third party, or offer it as a service bureau;

(e) remove, obscure or alter any proprietary notice, mark or label in the Application;

(f) circumvent, disable or interfere with any security, licensing, rate-limiting or integrity-protection feature;

(g) use the Application on a device you have rooted, jailbroken or otherwise modified to defeat operating-system security, or in an emulator or virtualised environment, where doing so would compromise the security of your account;

(h) use any automated means — bot, script, scraper, harvester — to access or interact with the Application; or

(i) use the Application to build a competing product or service, or to benchmark it for publication without our written consent.

4. Updates and changes

4.1 We may issue updates, and your device may install them automatically depending on your settings. This Licence covers any update unless the update is accompanied by its own licence, in which case that licence governs.

4.2 We may change, suspend or discontinue any part of the Application, and may cease supporting an operating-system version or device class. Where a change materially reduces the functionality available to you, we will give notice as set out in the Terms of Service.

4.3 You should keep the Application updated. Running an outdated version may leave you exposed to a security issue we have already fixed, and we may require a minimum version in order to connect to our services.

5. Third-party and open-source software

5.1 The Application includes third-party and open-source components licensed under their own terms. Those terms govern those components, and to the extent they conflict with this Licence in respect of a component, they prevail for that component. The notices and licence texts are available in the Application at Settings → About → Legal notices and at https://posx.io/legal/open-source.

5.2 Nothing in this Licence limits any right you have under an open-source licence, including any right to receive source code for a component licensed on those terms.

5.3 Where the Application relies on a third-party service, you must comply with the terms of that service. POSX is not responsible for a third-party service or for its terms.

6. Term and termination

6.1 This Licence starts when you first install or use the Application and continues until it is terminated.

6.2 You may terminate at any time by deleting the Application from all your devices. Deleting the Application does not close your POSX account — do that in the app, as set out in the Terms of Service.

6.3 POSX may terminate this Licence if you materially breach it, on notice, or immediately where the breach cannot be cured or where continued use presents a security or legal risk.

6.4 On termination, your right to use the Application ends and you must delete every copy. Sections 3, 7, 9, 10, 12, 13 and 14 survive.

7. Warranty, and what happens if it fails

7.1 To the maximum extent permitted by law, the Application is provided "as is" and "as available", with all faults and without warranty of any kind. POSX disclaims all warranties and conditions, express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third-party rights.

7.2 POSX does not warrant that the Application will meet your requirements, that its operation will be uninterrupted or error-free, or that a defect will be corrected.

7.3 Apple's warranty position. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. As between Apple and POSX, POSX alone is responsible for any warranty, express or implied by law, to the extent not effectively disclaimed, and for any claim, loss, liability, damage, cost or expense attributable to a failure to conform to a warranty.

7.4 Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you; in that case those exclusions apply to the greatest extent permitted. Nothing in this Licence excludes liability for death or personal injury caused by negligence, or for fraud.

8. Maintenance and support

8.1 POSX, and not Apple or Google, is solely responsible for providing any maintenance and support services in respect of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

8.2 Support is available at support@posx.io and through the in-app help centre. We aim to acknowledge requests within 2 business days.

9. Product claims and third-party claims

9.1 POSX, and not Apple, is responsible for addressing any claim by you or any third party relating to the Application or your possession and use of it, including: product liability claims; any claim that the Application fails to conform to an applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation, including in connection with the Application's use of the HealthKit or HomeKit frameworks if it ever uses them. This Licence does not limit POSX's liability beyond what applicable law permits.

9.2 Intellectual property claims. In the event of any third-party claim that the Application or your possession and use of it infringes that third party's intellectual property rights, POSX, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

10. Legal compliance

10.1 You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

10.2 You further confirm that you are not subject to sanctions administered by the United Nations, the European Union, the United Kingdom or Hong Kong, and that you will comply with all applicable export control and sanctions laws in using the Application.

10.3 The Application is not intended for distribution or use in any jurisdiction where such distribution or use would be contrary to law or would subject POSX to a registration or licensing requirement it does not hold. The restricted jurisdictions listed in the Terms of Service apply to this Licence.

10.4 U.S. Government end users. The Application is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202. U.S. Government end users acquire the Application with only those rights set out in this Licence.

11. Developer name, address and contact

11.1 For any question, complaint or claim about the Application, contact:

12. Third-party terms, and Apple and Google as third-party beneficiaries

12.1 You must comply with any applicable third-party terms of agreement when using the Application — for example, the terms of your wireless data service plan.

12.2 You and POSX acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Licence, and that upon your acceptance of this Licence, Apple will have the right (and will be deemed to have accepted the right) to enforce this Licence against you as a third-party beneficiary of it.

12.3 Google LLC and its affiliates are likewise intended beneficiaries of the provisions of this Licence that relate to distribution through Google Play, and may enforce them. Neither Apple nor Google is responsible for the Application, for any content in it, or for any claim relating to it, and neither has any obligation to provide maintenance or support.

13. Limitation of liability

13.1 Nothing in this section limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud.

13.2 Subject to clause 13.1, POSX is not liable for indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, data, goodwill or anticipated saving, arising out of or relating to the Application.

13.3 Subject to clause 13.1, POSX's total aggregate liability under this Licence is limited to the greater of the amount you paid for the Application, if any, and US$100. The Application is provided free of charge; liability relating to your POSX account and reward balance is dealt with, and capped separately, in the Terms of Service.

14. General

14.1 Governing law and disputes. This Licence is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and the dispute resolution provisions of the Terms of Service apply to it as if set out here in full, including the agreement to arbitrate on an individual basis, the class action waiver and your 30-day right to opt out. Where a mandatory consumer-protection rule of the country in which you live gives you greater protection, that rule prevails.

14.2 Assignment. You may not assign or transfer this Licence. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets.

14.3 Severability. If a provision is held invalid or unenforceable, it is modified to the minimum extent necessary or severed, and the rest continues in force.

14.4 Entire agreement. This Licence, the Terms of Service, the Privacy Policy and the Cookie and Tracking Policy are the whole agreement between you and POSX about the Application.

14.5 Language. This Licence is made in English; any translation is for convenience only and the English version prevails.

14.6 Changes. We may update this Licence. The current version is always published at https://posx.io/legal and, for App Store distribution, in the licence agreement field of the App Store listing. Continuing to use the Application after a change takes effect means you accept it.