Privacy Policy

Terms Of Use

Agreement between User and Squad

Welcome to Envested Inc dba “Squad”. Squad is a voice-only app that keeps you close with your friends.  

These terms of use (“Terms of Use” or “Terms”) shall govern your use of various web pages and mobile applications (collectively the “Application”)operated by Envested Inc. dba Squad ("Squad", “We”, or “Us”).

The Application and your use of our services is offered toyou conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Application constitutes your agreement to all such provisions. Please read these Terms ofUse carefully and keep a copy of them for your reference.

The terms “You” or “Your” refer to You, the user(s) of the Application, regardless of whether you are a sole natural person, using the Application jointly with another person or people, or an entity.

Privacy

Your use of Squad is subject to your acceptance of ourPrivacy Policy. Please also review our Privacy Policy, which also governs the Application and informs users of our data collection practices. Our Privacy Policy can befound at https://www.withyoursquad.com/privacy

Conditional Use

You only permitted to use the Application in accordance with the terms herein. You will only use the Application or yourself or another individual for whom you are legally authorized to act.

ElectronicCommunications

Visiting Squad or sending emails to Squad constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communications be in writing.

Minors

Squad does not knowingly permit minors to use the Application.

User Representations

You represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you not a minor in the jurisdiction in which you reside; (5) you will not use the Application for any illegal or unauthorized purpose;  and (7) your use of theApplication will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).  

As part of registering for the Application, you will be required to create a username and password.  Your username and any information or imagery associated with your account (for example, without limitation, your profile picture) may not violate these Terms of Use. You may not use your username, profile picture, or profile information to engage in abusive behavior, such as targeted harassment or expressing hate towards a person or group. We may at our sole discretion delete any account, user name, profile picture, profile detail or other aspects or your account if you violate these terms.  

You agree to keep your password confidential and will be responsible for all use of your account and password.

Access to the Application

To access the Application, and any of our features, including but not limited to Squad Line, your device must be connected to the internet, and you are solely responsible for the cost and maintenance of your internet connection. You are also responsible for ensuring that you have the hardware and software platforms that are necessary to access the Application as intended.

The quality of the Application and ability to access certain features may vary from device to device, and may be affected by a variety of factors, including but not limited to your location, the bandwidth available through and/or the speed of your internet connection.

Squad will not be liable to you or any 3^rd party for any blackouts, location-based limitations, or device-based limitations.

Squad reserves the right to (a) test various aspects of theServices and (b) include you in or exclude you from these tests without notice.

No Unlawful orProhibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Squad strictly in accordance with these terms of use.As a condition of your use of the Application, you warrant to Squad that you will not use the Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Application in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party's use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application.

All content included as part of the Application, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Application, is the property of Squad or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

  As a user of the Application, you agree not to:

·     systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

·     make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

·     circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.

·     engage in unauthorized framing of or linking to the Application.

·     trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

·     make improper use of our support services or submit false reports of abuse or misconduct.

·     interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.

·     attempt to impersonate another user or person

·     use any information obtained from the Application in order to harass, abuse, or harm another person.

·     decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.

·     attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.

·     harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.

·     copy or adapt the Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

·     upload or transmit (or attempt to upload or to transmit)viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.

·     except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorized script or other software.

·     disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.

·     use the Application in a manner inconsistent with any applicable laws or regulations.

Digital Millennium copyrightAct (DMCA) Notice and Policy

We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify our us using the contact information provided below (a “Notification”).  A copy of your Notification will be sent to the person who posted or stored the material addressed in theNotification.  Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by the Notification, a representative list of such works on the Application;(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6)  a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

User Generated Contributions

Squad is a community and we have rules in place to ensure our Users can participate freely and safely. All content you create, submit, post, display, transmit, perform, publish, distribute, to us or on the Application, including but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively,"Contributions") is subject these Terms of Use. While we do not actively monitor the Application, may reject any Contribution in our discretion that doesn’t meet our standards as solely determined by us.

Contributions are viewable by other users of the Application and through third-party web sites.  As such, any Contributions you transmit maybe treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

·      the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

·      you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

·      you have the written consent, release, and/or permission of each and every identifiable individual person in yourContributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

·      your Contributions are not false, inaccurate, illegal, or misleading.

·      your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

·      your Contributions do not promote violence against, threaten, or harass anyone or anything on the basis of religion, race, ethnicity, national origin, immigration status, veteran status, caste, sexual orientation, gender, gender identity, age, disability, or serious disease, or health condition.

·      your Contributions are not “hateful” which we define as inciting, or alluding to harm, directly or indirectly against any individual or group of individuals

·      your Contributions are not pornographic, obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

·      your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

·      your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

·      your Contributions do not violate any applicable law, regulation, or rule.

·      your Contributions do not violate the privacy or publicity rights of any third party.

·      your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

·      your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

·      your Contributions do not include any offensive comments that are connected to race, religion, national origin, gender, sexual preference, or physical handicap.

·      your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Squad and the Application ("Submissions")provided by you to us are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any suchSubmissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.  You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third Party Accounts

You may be able to connect your Squad account to third party accounts for activities such as making payments. By connecting your Squad account to your third-party account (e.g., without limitation, PayPal, Stripe, etc.), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party Applications). If you do not want information about you to be shared in this manner, do not use this feature.

Links to Third Party Applications/ThirdParty Application

Squad may contain links to other web sites and applications("Linked Sites"). The Linked Sites are not under the control of Squad and Squad is not responsible for the contents of any Linked Application, including without limitation any link contained in a Linked Application, or any changes or updates to a Linked Application. Squad is providing these links to you only as a utility, and the inclusion of any link does not imply endorsement by Squad of the Application.

Certain parts of the Application may be delivered by third party Applications and organizations. By using any product, service or functionality originating from the Squad domain, you hereby acknowledge and consent that Squad may share such information and data with any third party with whom Squad has a contractual relationship to provide the requested product, service or functionality on behalf of Squad users and customers.

Third Party Applications and Social Media  

As part of the functionality of the Application, we may a tour sole discretion allow you to link your account with online accounts you have with third-party service providers (each such account, a “Third-PartyAccount”) by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the term sand conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-PartyAccount.  By granting us access to anyThird-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-PartyAccount additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if aThird-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Application.You will have the ability to disable the connection between your account on theApplication and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.  We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Mobile Application Use License

If you access our Application via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice(including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any webApplication or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply if and when you use either theApple Store or Google Play (each an “App Distributor”) to access the Application:(1) the license granted to you for our mobile application is limited to anon-transferable license to use the application on a device that utilizes theApple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the AppDistributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) 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(ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the AppDistributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each AppDistributor will have the right (and will be deemed to have accepted the right)to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.    

International Users

The Application is controlled, operated and administered by Squad f rom our offices within the USA in New York, NY. If you access the Application from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Application in any country orin any manner prohibited by any applicable laws, restrictions or regulations.

California Users

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North MarketBlvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210 or (916) 445-1254.

Indemnification

You agree to indemnify, defend and hold harmless Squad, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Application, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Squad reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Squad in asserting any available defenses.

Force Majeure

Squad shall not be held liable to You or any third-party, for any delay or failure of performance of the Application resulting from any cause beyond Squad’s reasonable control, including but not limited to the weather, civil disturbances, epidemics, pandemics, acts of civil, governmental, or military authorities, or acts of God.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Squad agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE CONTENT INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT MAKE ANY REPRESENTATIONS AND WARRANTIES ABOUT USER GENERATED CONENT.

ENVESTED INC. AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OFTHE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENVESTED INC.  AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENVESTED INC. AND/OR ITS PARTNERS BE LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OFTHE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION,WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,EVEN IF ENVESTED INC.  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

Governing Law 

These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.  

Dispute Resolution

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American ArbitrationAssociation ("AAA") and, where appropriate, the AAA’s SupplementaryProcedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA web site www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA ConsumerRules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in a location that mutually agreed by both parties and Delaware law shall apply.  Except as otherwise provided herein, theParties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The Parties here by consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts of Delaware. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer InformationTransaction Act (UCITA) are excluded from these Terms of Use.  

In no event shall any Dispute brought by either Party related in any way to the Application be commenced more than 2 years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for anyDispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Termination/AccessRestriction

Squad reserves the right, in its sole discretion, to terminate your access to the Application and the Application or any portion thereof at any time, without notice. Squad's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Squad's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by Squad with respect to such use.

No Joint Venture 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Squad solely as a result of theseTerms of Use or use of our Application.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Squad with respect to theApplication and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Squad with respect to the Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial ora dministrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written inEnglish.

Changes to Terms

We reserves the right, in our sole discretion, to change theseTerms of Use under which Squad is offered. The most current version of the Terms of Use will supersede all previous versions. We encourage you to periodically review the Terms of Use to stay informed of our updates.

Contact Us

Squad welcomes your questions or comments regarding theTerms:

Envested Inc. dba Squad

45 Main Street, Suite 522

Brooklyn, NY 11201

Effective as of July 11, 2022

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Agreement between User and Squad

Welcome to Squad. Squad is an audio messaging application which aims to bring people closer together.

These terms of use (“Terms of Use” or “Terms”) shall govern your use of various web pages and mobile applications (collectively the “Application”)operated by Envested Inc. dba Squad ("Squad", “We”, or “Us”).

The Application and your use of our services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Application constitutes your agreement to all such provisions. Please read these Terms ofUse carefully and keep a copy of them for your reference.

The terms “You” or “Your” refer to You, the user(s) of the Application, regardless of whether you are a sole natural person, using the Application jointly with another person or people, or an entity.

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Privacy

Your use of Squad is subject to your acceptance of ourPrivacy Policy. Please also review our Privacy Policy, which also governs the Application and informs users of our data collection practices. Our Privacy Policy can be found at https://www.withyoursquad.com/privacy.

Conditional Use

You are only permitted to use the Application in accordance with the terms herein. You will only use the Application for yourself or another individual for whom you are legally authorized to act.

Electronic Communications

Visiting Squad or sending emails to Squad constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communications be in writing.

Minors

Users over the age of 13 may use the Application. Squad does not knowingly permit minors to use the Application without their parent’s or legal guardian’s permission.

User Representations

You represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you not a minor in the jurisdiction in which you reside if you are using the Application without the permission of a parent or legal guardian; (5) you will not use the Application for any illegal or unauthorized purpose;  and (7) your use of theApplication will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).  

As part of registering for the Application, you will be required to create a user name and password. You agree to keep your password confidential and will be responsible for all use of your account and password.

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No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Squad strictly in accordance with these terms of use.As a condition of your use of the Application, you warrant to Squad that you will not use the Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Application in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party's use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application.

All content included as part of the Application, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Application, is the property of Squad or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 As a user of the Application, you agree not to:

•    systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

•   make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

•    circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.

•    engage in unauthorized framing of or linking to the Application.

•  trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

•    make improper use of our support services or submit false reports of abuse or misconduct.

•    interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.

•    attempt to impersonate another user or person

•   use any information obtained from the Application in order to harass, abuse, or harm another person.

•   decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.

•   attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.

•    harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.

•   copy or adapt the Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

•   upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.

•  except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorized script or other software.

•   disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.

•   use the Application in a manner inconsistent with any applicable laws or regulations.

Digital Millennium copyright Act (DMCA) Notice and Policy

We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).  A copy of your Notification will be sent to the person who posted or stored the material addressed in theNotification.  Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by the Notification, a representative list of such works on the Application;(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6)  a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

User Generated Contributions

All content you create, submit, post, display, transmit, perform, publish, distribute, to us or on the Application, including but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions") is subject to these Terms of Use. While we do not actively monitor the Application, we may reject any Contribution in our discretion that doesn’t meet our standards as solely determined by us.

Contributions are viewable by other users of the Application and through third-party web sites.  As such, any Contributions you transmit maybe treated as non-confidential and non-proprietary. When you create or make available anyContributions, you thereby represent and warrant that:

•      the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

•      you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

•     you have the written consent, release, and/or permission of each and every identifiable individual person in yourContributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

•      your Contributions are not false, inaccurate, illegal, or misleading.

•    your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

•     your Contributions are not pornographic, obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

•     your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

•   your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

•   your Contributions do not violate any applicable law, regulation, or rule.

•   your Contributions do not violate the privacy or publicity rights of any third party.

•     your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

•  your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

•     your Contributions do not include any offensive comments that are connected to race, religion, national origin, gender, sexual preference, or physical handicap.

•   your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Squad and the Application ("Submissions")provided by you to us are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any suchSubmissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.  You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third Party Accounts

You may be able to connect your Squad account to third party accounts for activities such as making payments. By connecting your Squad account to your third-party account (e.g., without limitation, PayPal, Stripe, etc.), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party Applications). If you do not want information about you to be shared in this manner, do not use this feature.

Links to Third Party Applications/ThirdParty Application

Squad may contain links to other web sites and applications("Linked Sites"). The Linked Sites are not under the control of Squad and Squad is not responsible for the contents of any Linked Application, including without limitation any link contained in a Linked Application, or any changes or updates to a Linked Application. Squad is providing these links to you only as a utility, and the inclusion of any link does not imply endorsement by Squad of the Application.

Certain parts of the Application may be delivered by third party Applications and organizations. By using any product, service or functionality originating from the Squad domain, you hereby acknowledge and consent that Squad may share such information and data with any third party with whom Squad has a contractual relationship to provide the requested product, service or functionality on behalf of Squad users and customers.

Third Party Applications and Social Media  

As part of the functionality of the Application, we may a tour sole discretion allow you to link your account with online accounts you have with third-party service providers (each such account, a “Third-PartyAccount”) by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-PartyAccount.  By granting us access to anyThird-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-PartyAccount additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if aThird-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Application.You will have the ability to disable the connection between your account on theApplication and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.  We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Mobile Application Use License

If you access our Application via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice(including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any webApplication or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply if and when you use either theApple Store or Google Play (each an “App Distributor”) to access the Application:(1) the license granted to you for our mobile application is limited to anon-transferable license to use the application on a device that utilizes theApple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the AppDistributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) 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(ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the AppDistributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each AppDistributor will have the right (and will be deemed to have accepted the right)to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.    

International Users

The Application is controlled, operated and administered by Squad from our offices within the USA in New York, NY. If you access the Application from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Application in any country orin any manner prohibited by any applicable laws, restrictions or regulations.

California Users

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 NorthMarket Blvd., Suite N 112, Sacramento, California 95834 or by telephone at(800) 952-5210 or (916) 445-1254.

Indemnification

You agree to indemnify, defend and hold harmless Squad, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Application, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Squad reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Squad in asserting any available defenses.

Force Majeure

Squad shall not be held liable to You or any third-party, for any delay or failure of performance of the Application resulting from any cause beyond Squad’s reasonable control, including but not limited to the weather, civil disturbances, epidemics, pandemics, acts of civil, governmental, or military authorities, or acts of God.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Squad agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE CONTENT INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT MAKE ANY REPRESENTATIONS AND WARRANTIES ABOUT USER GENERATED CONENT.

ENVESTED INC. AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OFTHE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENVESTED INC.  AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENVESTED INC. AND/OR ITS PARTNERS BE LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OFTHE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION,WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVENIF ENVESTED INC.  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

Governing Law

These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.  

Dispute Resolution

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American ArbitrationAssociation ("AAA") and, where appropriate, the AAA’s SupplementaryProcedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA web site www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA ConsumerRules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in a location that mutually agreed by both parties and Delaware law shall apply.  Except as otherwise provided herein, theParties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts of Delaware. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer InformationTransaction Act (UCITA) are excluded from these Terms of Use.  

In no event shall any Dispute brought by either Party related in any way to the Application be commenced more than 2 years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for anyDispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Termination/Access Restriction

Squad reserves the right, in its sole discretion, to terminate your access to the Application and the Application or any portion thereof at any time, without notice. Squad's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Squad's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by Squad with respect to such use.

No Joint Venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Squad solely as a result of theseTerms of Use or use of our Application.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Squad with respect to theApplication and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Squad with respect to the Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written inEnglish.

Changes to Terms

We reserve the right, in our sole discretion, to change these Terms of Use under which Squad is offered. The most current version of the Terms of Use will supersede all previous versions. We encourage you to periodically review the Terms of Use to stay informed of our updates.

Contact Us

Squad welcomes your questions or comments regarding theTerms:

Envested Inc. dba Squad

335 Madison Avenue

3rd Floor

New York, NY 10017

info@withyoursquad.com

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Effective as of August 20, 2021

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Protecting your private information is our priority. This Statement of Privacy governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Squad ,includes Squad’s website(s), and any of its mobile applications (collectively the “Application”) and Envested Inc. dba Squad, its subsidiaries and affiliates (“Squad”, “We” or “Us”).  

The terms “You” or “Your” refer to You, the user(s) of the Application, regardless of whether you are a sole natural person, using the Application jointly with another person or people, or an entity.

Squad is an audio messaging application which aims to bring people closer together.

Collection of your Personal Information

Squad may collect personal information, about you, including but not limited to your:

 -          FullName

 -          Contact information (e.g. email, address, phone number)

-          Any other information you voluntarily provide to us including but not limited to   Information which you provide while registering on the Application.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use the services available on the Application. These may include: (a) registering for an account on our Application; (b) entering information for a link sponsored by us or one of our partners; (c) signing up for special offers from selected third parties;(d) sending us an email message; (e) submitting your credit card or other payment information for payment processing by a third-party (e.g. without limitation, Stripe, etc). To wit, we will use your information for, but not limited to, communicating with you in relation to your use of the Applications.We also may gather additional personal or non-personal information in the future.

Sharing Information

Squad may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or optimize your use of the Application and learn more about using a variety of tools including but not limited to artificial intelligence and machine learning applications we may use in our sole discretion. All third parties are prohibited from using your personal information except to provide these services to Squad, and we will make reasonable efforts to ensure they are required to maintain the confidentiality of your information.

Squad may disclose potentially personal information and personally-identifying information to its employees, contractors, advisors, attorneys, and affiliated organizations that(i) need to know that information in order to process it on Squad’s behalf or to provide services available on the Application and (ii) that have agreed to the best our knowledge not to disclose it to others. Some of these parties may be located outside of your home country or jurisdiction; by using the Application, you consent to the transfer of such information to them.

Squad may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Squad or the site; (b) protect and defend the rights or property of Squad; and/or (c) act under exigent circumstances to protect the personal safety of users of Squad, or the public.

Tracking User Behavior

Squad may at its sole discretion keep track of the websites and pages our users visit within Squad whether by desktop or mobile device, in order to determine what Squad services are the most popular.

Automatically Collected Information

Information about your computer hardware, mobile devices, and software may be automatically collected by Squad. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.

Use of Cookies

We may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

Web Beacons

We may also use a technology called web beacons to collect general information about your use theApplication and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers, members, and visitors.

Business Transfers

If Squad, undergoes aChange of Control (as defined herein) your personal information may become an asset of such a transaction. You acknowledge that such transfers may occur, and that any acquirer of Squad may continue to use your personal information as set forth in this policy. As used herein, Change of Control means As used herein, “Change of Control” means (i) a consolidation or merger of Squad with or into any other corporation or other entity or person, or any other corporate reorganization, other than any such consolidation, merger or reorganization in which the shares of capital stock of Squad immediately prior to such consolidation, merger or reorganization, continue to represent a majority of the voting power of the surviving entity immediately after such consolidation, merger or reorganization; (ii) any transaction or series of related transactions to which Squad is a party in which in excess of 50% of Squad’s voting power is transferred; or (iii) the sale or transfer of all or substantially all of the Squad’s assets, or the exclusive license of all or substantially all of Squad’s material intellectual property; provided that a Change of Control shall not include any transaction or series of transactions principally for bona fide equity financing purposes in which cash is received by Squad or any successor, indebtedness of Squad is cancelled, or converted or a combination thereof.

 Links

The Application may contain links to other third-party sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information

Squad secures your personal information from unauthorized access, use, or disclosure. Squad uses the following methods for this purpose:

 -          SSLProtocol

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When personal information (such as name and date of birth) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.  

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Application cannot be guaranteed.

Minors

Users over the age of 13 may use theApplication. Squad does not knowingly permit minors to use the Application without their parent’s or legal guardian’s permission.

E-mail and Text Communications  

From time to time, we may contact you via email or text message for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. You may opt out of such communication by contacting us.

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

 GDPR and Designated Countries Privacy Rights

This Section only applies to Users of theApplication that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of the Application, or we may rely on your IP address to identify which country you are located in. Where we rely only on your IP address, we cannot apply the terms of this Section to any User orCustomer that masks or otherwise obfuscates their location information so as not to appear located in the Designated Countries. If any terms in this Section conflict with other terms contained in this Policy, the terms in this Section shall apply to Users and Customers in the DesignatedCountries.

Squad is a data controller with regard to any personal information collected from customers or users of its Application. A“data controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers are “data processors” that handle your personal information in accordance with our instructions.

You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal basis of consent, contract or legitimate interests. We can continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law. 

If we process your personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller”, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.

If you believe we have infringed or violated your privacy rights, please contact us via the information provided herein so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.

 California Consumer Privacy Act of 2019 (CCPA)

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

You have the right to request that Squad disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request), we will disclose to you:

   -The categories of personal information we collected about you.

   -The categories of sources for the personal information we collected about you.

   -Our business or commercial purpose for collecting or selling that personal information.

   -The categories of third parties with whom we share that personal information.

   -The specific pieces of personal information we collected about you (also called a data portability request).

   -If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

CCPA Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and make reasonable efforts to direct our service providers to delete) your personal information from our records, unless an exception applies.

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.

-      Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

-      Comply with the California ElectronicCommunications Privacy Act (Cal. Penal Code § 1546 seq.).

-      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

-      Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

-      Comply with a legal obligation.

-      Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

 Emailing us at or sending a letter to the contact information below.

 Only you, or a person registered with theCalifornia Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

-      Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

-      Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

 Making a verifiable consumer request does not require you to create an account with us.

 We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

‍Changes to this Statement

We reserve the right to change this PrivacyPolicy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address or text message to your phone number specified in your account, by placing a prominent notice on the Application, and/or by updating any privacy information on this page. Your continued use of the Application after such modifications will constitute your: (a) acknowledgment of the modified PrivacyPolicy; and (b) agreement to abide and be bound by that Policy.

Contact Information

Squad welcomes your questions or comments regarding this Privacy Policy. If you believe that Squad has not adhered to the protocols herein, please contact us at:

Envested Inc. dba Squad

335 Madison Avenue

3rd Floor

NewYork, NY 10017

info@withyoursquad.com

Effective as of August 20, 2021