Policies & Procedures

JourneyTellr, Inc. (“JourneyTellr,” “we,” or “us”) respects your privacy. This Privacy Policy Statement (“Privacy Policy”) describes the ways we collect information from and about you, and what we do with the information, so that you may decide whether or not to provide information to us. This Privacy Policy describes our practices with information that we collect from users (sometimes referred to as “you” or “your”) of our website, located at www.journeytellr.com (the “Site”) or our mobile application (the “App”). By accessing the Site, using the App or purchasing our products or services, you agree to this Privacy Policy in addition to any other agreements we might have with you. In the event that such agreements contain terms that conflict with this Privacy Policy, the terms of those agreements will prevail.

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JourneyTellr’s Privacy Policy Statement

  1. Our Collection of your Personal Information

The information we collect may include your personal information, such as your name, contact information, IP addresses, product and service selections and other things that identify you (“personal information”). We collect personal information from you at several different points, including but not limited to the following:

  • when we correspond with you as a customer or prospective customer;
  • when you visit the Site or use the App;
  • when you register as an end-user of our services and an account is created for you;
  • when you contact us for help;
  • when you attend our customer conferences or webinars; and
  • when the Site sends us error reports or application analytics data.
  1. Our Use of your Personal Information 

JourneyTellr may use information that we collect about you to:

  • deliver the products and services that you have requested;
  • manage our relationship with and provide you with customer support;
  • perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
  • communicate with you by e-mail, postal mail, telephone or mobile devices about products or       services that may be of interest to you either from us, or other third parties;
  • develop and display content tailored to your interests on the Site, the App, and other websites;
  • enforce our terms and conditions;
  • exercise our legal rights or comply with applicable legal requirements;
  • manage our business, and
  • perform functions as otherwise described to you at the time of collection.
  1. Our Disclosure of your Personal Information to Third Parties

We may share your personal information with third parties only in the ways that are described in this Privacy Policy:

  • we may provide your information to vendors who perform functions on our behalf, such parties provide hosting and maintenance services, virtual infrastructure, payment processing, analysis and other services for us;
  • third party contractors may have access to our databases. Usually these contractors sign a standard confidentiality agreement;
  • we may share your data with any parent company, subsidiaries, joint ventures, other entities under a common control or third-party acquirers. We expect these other entities will honor this Privacy Policy;
  • we may allow a potential acquirer or merger partner to review our databases, although we would restrict their use and disclosure of this data during the diligence phase;
  • as required by law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to JourneyTellr; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss; to report suspected illegal activity or to investigate violations of our agreements or company policies; to enforce our terms and conditions, to protect the security or integrity of our products and services, and when you give us consent to do so.

Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.

  1. Our Security Measures to Protect your Personal Information JourneyTellr uses industry-standard technologies when transferring and receiving data exchanged between JourneyTellr and other companies to help ensure its security. The Site has security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure or access. However, perfect security cannot be guaranteed for any electronic transmission of data. Also, if the Site or App contain links to other sites, JourneyTellr is not responsible for the security practices or the content of such sites.
  2. Our Use of Cookies, Web Beacons, Web Analytics Services, and Links

Many of our web pages use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering on the Site. However, once you choose to furnish the site with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand site usage and to improve the content and offerings on the Site. We also may use cookies to offer you products, programs, or services. You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser.

  • Web Beacons. JourneyTellr and third parties may also use small pieces of code called “web beacons” or “clear gifs” to collect anonymous and aggregate advertising metrics, such as counting page views, promotion views, or advertising responses. These “web beacons” may be used to deliver cookies that conform to JourneyTellr’s cookie requirements.
  • Web Analytics Services. We may use Google Analytics and or similar services for the marketing analysis of the Site provided by Google, Inc. Google Analytics and other similar services use cookies to allow us to see how you use our site, so we can improve your experience. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use available HERE and the Google Privacy Policy available HERE. You can prevent Google Analytics from recognizing you on return visits to the site by disabling cookies in your browser. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on available HERE.
  • Website Links. We may create links to other web sites. We will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated with or authorized by JourneyTellr may have links leading to our site. JourneyTellr cannot control these links and we are not responsible for any content appearing on these sites. Since we do not control the privacy policies of third parties, you are subject to the privacy practices of that third party. We encourage you to ask questions before you disclose any personal information to others.
  • App Links. The App may provide you with an advertising link to other, third-party sites and applications. Such third-party sites will have their own data collection practices and policies. Please review the privacy policy for such sites and exercise caution in providing information that personally identifies you. We have no responsibility, access, or control over the data collection practices and policies of such third-party sites and applications. You will use such sites and applications at your own risk and outside of the scope of this Privacy Policy. The provision of such advertisements is done on an “As Is” basis, with no endorsements or representations.
  1. Lawful Basis for Processing your Personal Information (EEA and Switzerland only) With respect to personal information collected from individuals from the European Economic Area or Switzerland, our lawful basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. JourneyTellr will normally collect personal information from you only where: (a) we have your consent to do so, (b) where we need the personal information to perform a contract with you (e.g. to deliver the services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).
  2. Limiting Use, Disclosure, Retention JourneyTellr identifies the purposes for which the information is being collected before or at the time of collection. The collection of your personal information will be limited to that which is needed for the purposes identified by JourneyTellr. Unless you consent, or we are required by law, we will only use the personal information for the purposes for which it was collected. If JourneyTellr will be processing your personal information for another purpose later on, JourneyTellr will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose. We will keep your personal information only as long as required to serve those purposes. We will also retain and use your personal information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
  3. Location of Processing Information collected from you may be stored and processed in the United States, and applicable data protection laws may not establish the same rights and restrictions as the laws of other countries. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.
  4. Accuracy of Personal Information We do our best to ensure that the personal information we hold and use is accurate. We rely on the customers we do business with to disclose to us all relevant information and to inform us of any changes.
  5. Your Access to and Updating of your Personal Information Reasonable access to your personal information may be provided upon request made to JourneyTellr at the contact information provided below. If access cannot be provided within that time frame, JourneyTellr will provide the requesting party a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied. We may charge a reasonable fee in advance for copying and sending the information requested. If you would like us to delete any persona information held about you, we will do so on request unless we need to hold the information as part of the provision of products and services to you or in order to comply with applicable laws.
  6. Marketing Communications We may offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non- transactional communications by clicking on the “unsubscribe” link located on the bottom of our marketing emails.
  7. Additional Rights (EEA and Switzerland only) If you reside in the European Economic Area or Switzerland, you may have the right to exercise additional rights available to you under applicable data protection laws, including:
  • Right of erasure. You may have a broader right to erasure of personal information that we hold about you, if, for example, it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations, among other things.

2 • Right to object to processing. You may have the right to request that we stop processing your personal information or to stop sending you marketing communications.

  • Right to restrict processing. You may have the right to request that we restrict processing of your personal information in certain circumstances. For example, where you believe that the personal information we hold about you is inaccurate or unlawfully held.
  • Right to data portability. In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.
  • Right to lodge a complaint. If you are within the European Union, you may have the right to lodge a complaint based on the alleged violation of applicable data protection laws with a supervisory authority, in particular in the EU Member State of your habitual residence, place of work, or place of an alleged infringement of the applicable data protection law.

If you would like to exercise any of the rights set forth in this Section, please contact our support team or contact our Data Protection Officer (see our contact details in Section 17 below). We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request. To the extent we are unable to verify the identity of the person making a request under this Section, we may decline to comply with such a request. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

  1. Additional Rights and Disclosures (California only)

The categories of personal information we have collected in the past twelve months, our business purposes for doing so, and the categories of entities with which we have shared personal information in the past twelve months, are set forth in Sections 1, 2, and 3 above.

If you reside in the state of California, you may have the right to exercise additional rights available to you under applicable data protection laws, including:

  • Right of access. You may have the right to request that we disclose to you certain information about personal information we collected about you within the past twelve months. Once we confirm your verifiable request, we will disclose to you, in accordance with the terms of your request, as applicable: the categories of personal information we have collected about you; the categories of sources from which the personal information is collected; our business or commercial purpose for collecting personal information;the categories of third parties with whom we share personal information; and the specific pieces of information we have collected about you.
  • Right to Deletion. You have the right to request deletion of your personal information we collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; debug products to identify and repair errors that impair existing intended functionality; comply with the California Electronic Communications Privacy Act; enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; comply with a legal obligation; or make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  • Right to Non-Discrimination for Exercise of California Privacy Rights. We will not discriminate against you because of your exercise of any of the above rights, or any other rights under the CCPA, including by: denying you goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing you a different level or quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

If you would like to exercise any of the rights set forth in this Section, please contact our support team or contact our Data Protection Officer (see our contact details in Section 17 below). We will consider your request in accordance with applicable laws.

To protect your privacy and security, we may take steps to verify your identity before complying with the request. We may require you to provide information sufficient to allow us to reasonably verify you are the person about whom we collected personal information. To the extent we are unable to verify the identity of the person making a request under this Section, we may decline to comply with such a request.

You may designate an authorized agent to make a request on your behalf. As permitted by law, we may require additional verification in response to a request even if you choose to use an agent, including verification of your own identity, signed permission for the agent to act on your behalf, and direct confirmation from you that the agent is authorized to submit the request.

  1. Notice to End Users

Most of our services are intended for use by organizations. Where the services are made available to you through an organization (e.g. your employer), that organization is the administrator of the services and is responsible for the accounts and/or service over which it has control. Please direct your data privacy questions to your administrator, as your use of the services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different from this Policy.

Administrators may be able to:

  • help you exercise the rights described in Sections 12 and 13 (if applicable);
  • allow you to reset your account password;
  • restrict, suspend or terminate your access to the services;
  • access information in and about your account;
  • access or retain information stored as part of your account;
  • change your information, including profile information associated with your account; and
  • allow you or restrict your ability to edit, restrict, modify or delete information.

Please contact your organization or refer to your administrator’s organizational policies for more information.

  1. Children’s Information

Because of the nature of our business, our services are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us immediately.

  1. Changes to our Privacy Policy JourneyTellr reserves the right to update or modify this Privacy Policy at any time at its sole discretion, and new policy information will be posted on the Site. Any such update or modification will be effective immediately when posted. The use of personal information collected from the Site will be subject to the terms of the Privacy Policy in effect at the time of collection. Your continued use of the Site, the App, and our products and services represents your agreement with the then-current Privacy Policy. This Policy was last updated on May 7th , 2020.
  2. Contacting Us We have designated a Data Protection Officer who is responsible for monitoring JourneyTellr’s ongoing compliance of this Privacy Policy. If you have any questions about this Privacy Policy, the practices or concerns of this site, please contact our Data Protection Officer at: [email protected].

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End User Licensing Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and JourneyTellr, Inc. (“Company”). This Agreement governs your use of the JourneyTellr mobile application (including all related documentation, the “Application”). The Application is licensed, not sold, to you. BY [CLICKING THE “AGREE” BUTTON/[[DOWNLOADING/INSTALLING/USING] THE APPLICATION]], YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE [18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT]; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT [DOWNLOAD/ INSTALL/USE] THE APPLICATION [AND DELETE IT FROM YOUR MOBILE DEVICE].

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the Application for your personal, noncommercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation[./; and] (b) [access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5]. 2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; 2 (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application; (g) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent; (h) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service; (i) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application; [or] (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application[; or/.] (k) Prohibited Uses (i) You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App: (1) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). (2) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 3 (3) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. (4) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). (5) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability. (6) To send, knowingly receive, upload, download, use, or reuse any material that (a) contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violates the legal rights (including the rights of publicity and privacy) of others; (e) contains any material that could give rise to any civil or criminal liability under applicable laws or regulations; or (f) advocates, promotes, or assists any unlawful act. (l) Enforcement (i) We have the right to: (1) Remove or refuse to post any user contribution for any or no reason in our sole discretion. (2) Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for the Company. (3) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 4 (4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App. (5) Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of this Agreement. (m) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments. 3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company [and its licensors and service providers] reserve[s] and shall retain [its/their] entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. 4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality [, and the Application may provide you with opportunities to share information about yourself with others]. All information we collect through or in connection with this Application is subject to our Privacy Policy (https://journeytellr.com/policies/privacy). By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 5. [Content and Services. The Application may provide you with access to Company’s website located at [WEBSITE URL(S)] (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of 5 such Content and Services are governed by Website’s Terms of Use and Privacy Policy located at https://journeytellr.com/policies/EULA and https://journeytellr.com/policies/privacy which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.] 6. [Geographic Restrictions. The Content and Services are based in the state of [STATE] in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.] 7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement. 8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through thirdparty advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, 6 copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 9. Term and Termination. (a) The term of Agreement commences when you [[download/install] the Application/acknowledge your acceptance] and will continue in effect until terminated by you or Company as set forth in this Section 9. (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. (c) Company may terminate this Agreement at any time without notice [if it ceases to support the Application, which Company may do in its sole discretion [or [OTHER TERMINATION EVENTS]]]. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (d) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. (e) Termination will not limit any of Company’s rights or remedies at law or in equity. 10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, 7 OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 12. [Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.] 8 13. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. 14. [US Government Rights. The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.] 15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect[; provided, however, that if any fundamental term or provision of this Agreement (including without limitation [APPLICABLE FUNDAMENTAL TERMS]), is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable]. 16. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of [STATE] without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of [STATE] in each case located in [CITY] and [COUNTY]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 17. [Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.] 18. Entire Agreement. This Agreement[, [OTHER DOCUMENTS OR POLICIES]] and our Privacy Policy constitute the entire agreement between you and Company with respect to the 9 Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

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Objectionable User Generated Content Policy

Require that users agree to terms (EULA) and these terms must make it clear that there is no tolerance for objectionable content or abusive users a. On the Create An Account page of the mobile application there is a statement “By creating an account you agree to our End User License Agreement, which is linked to Policies and Procedures where the agreement can be reviewed. This document clearly states our content prohibition and enforcement policies. 2. A method for filtering objectionable content a. The application uses “groups” to control and manage which users are joining that groups JourneyTellr instance, i.e., the group is open only to those asked to join, are trusted connections to the group and are provided the group code. i. We monitor the user group account to assure that only approved users have joined a group. ii. A group creator/owner and assumes the role of group and user manager. iii. Anyone that is asked to install and use the application is required to enter a group code generated in the account creation process and provided to new users by the group creator. b. Within a group, people can create a story template and invite people within the group (and that have created an account and profile in the app) to contribute their “connected” content to stories. It is expected that only people that have some connection to the story would want to contribute content. c. A story creator/initiator can delete a story or edit its contents (if content is unsuitable for any reason) and content contributors can edit their submissions. d. Filtering methods are part of our development roadmap following product-market fit. 3. A mechanism for users to flag objectionable content a. Users may create a Support request within the application by clicking our butterfly logo omnipresent at the top of the UI, which request goes directly to our 3rd party customer support service ticketing system, which then communicates directly with our support personnel. b. At this point identified content, if not already removed or edited by the group manager, story creator, or content contributor, can then be removed in our backend. 4. A mechanism for users to block abusive users a. At any time, a group’s manager can request to have a user removed from the group, which we do through Auth0. b. Our technical support personnel monitor content in our Azure backend and can alert our customers to potentially unsafe or inappropriate content. JourneyTellr Objectionable User Generated Content Policy 2 5. The developer must act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content. a. JourneyTellr Support Management Process includes the categorization of defined issues into specific Severity Levels that will result in the allocation of the appropriate resources in order to remedy the support request. Defined below are the Severity Levels. i. Severity Level I – Critical, i.e. Application not functioning. Desired resolution 24 hours. 1. We consider removal of objectionable content and removing the abusive user as a Severity Level I. ii. Severity Level II – Major feature not functioning. Desired resolution within 2 business days. iii. Severity Level III – Minor Feature not functioning but work around is available and no work stoppage would occur. Resolution scheduled by development management. iv. Severity Level IV – Superficial/Cosmetic, resolution reviewed with the customer and if appropriate is added to the development roadmap by product management. 1. Severity Level V – Enhancement/Feedback. All enhancement requests are to be submitted in writing. JourneyTellr’s Product Management Team will make determination of action. 6. Published contact information so users can easily reach you a. As already mentioned, the mobile application provides a direct web accessible connection to our support system and personnel. b. Our Service Level Agreement clearly indicates escalation procedures (above in sub-section 5), response times, personnel and contact information for any type of needed communication and level of urgency. If there are any questions or concerns about this policy please contact JourneyTellr Support at JourneyTellr Support.