TERMS OF SERVICE

These Terms and Conditions of Service (“Terms of Service”) govern your use of the MeshApp powered by UNDRCOVR® mobile application (the “App”), and any wireless MeshTag (the “Device”). Together with the MeshApp, these are collectively referred to as the “Service” and are sold and made available by B’ZT, LLC (“Company”). Your compliance with these Terms of Service is a condition for using the Service. If you do not agree to be bound by these Terms of Service, promptly exit the App and refrain from any and all future use of the App and the Device. Please also consult our Privacy Policy for a description of our privacy practices and policies, including details on the data collected in connection with your use of the Service and how such data is used.

Terms of Use: Please note that your use of the Company’s online interfaces (e.g., websites, the “App”), including www.meshapps.us, is subject to these Terms of Service.

Binding Arbitration: These Terms of Service stipulate that all disputes between you and the Company that relate in any way to these Terms of Service or your use of the Service will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR, NOT a judge or jury, and your claims cannot be brought as a class action. Please review the section below titled Dispute Resolution; Arbitration Agreement for details regarding your agreement to arbitrate any disputes with the Company.

The Service

The Company provides the Service on an “as is” and “as available” basis to lawful owners of a new, original Device (hereinafter “you”). You may not use the Service unless you lawfully own a Device, and you may only use Devices that you own or for which you have been given permission to use whenever you use the Service. The Company reserves the right to improve and change the Service and any element thereof at any time, at the Company’s sole discretion.

App License

In order to use the Service, you will need to download and install the App. The Company hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the App and the Company software related to the Service solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the App on such devices. You may not remove, obscure, modify, or disable any proprietary notices of the Company on any part of the Service. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including the Company. You may not sell, sublicense, assign, or otherwise transfer the Service to any third party for any reason.

Ownership of the App and Content

The App, all Content (defined below) within the App, and any other material made available for download are the property of the Company, or its licensors or suppliers, as applicable. The Service is protected by United States and international copyright and trademark laws. The contents of the App, including, without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the App (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Service or otherwise approved in writing by the Company.

Software Updates

In connection with providing the Service, the Company may elect to update the software of the App or Device at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of software. You agree that the Company may automatically deliver such updates to you as part of the Service, and you shall receive and install them as required. You acknowledge and agree that the Service, or portions thereof, may not operate properly if you fail to do so. You further agree that all updates will be deemed part of the Service and will be subject to these Terms of Service.

Third Party Software

The Service may contain or otherwise incorporate the use of portions of software that are the sole property of third parties. Any such software is provided subject to the terms and conditions of such third parties. Third-party software used in connection with the Service may include, but is not limited to:

Google Maps

You agree and understand that by using the Service, you agree to be bound by Google’s terms of use available at https://developers.google.com/maps/terms and Google’s privacy policy, as amended by Google from time to time, currently available at http://www.google.com/privacy.html.

Apple Maps

You agree and understand that by using the Service, you agree to be bound by Apple, Inc.’s (“Apple’s”) terms of use available at https://www.apple.com/legal/internet-services/maps/terms-en.html and Apple’s privacy policy, as amended by Apple from time to time, currently available at https://www.apple.com/legal/privacy.

Service Provider

You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Service with your smartphone or other mobile device. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the App. You accept responsibility for any such charges that arise.

App Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account to which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using a Device, the App, or any portion thereof without authorization or in a way that is unintended, in violation of these Terms of Service, or in violation of applicable law. Unintended uses, including using the Service to track anything or anyone that is not a child, adult, or pet, may result in additional charges by the Company as well as revocation of your access to the Service.

You may not, and you agree that you will not permit any third party to, decompile, disassemble, or reverse engineer any object code that is part of the App, or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code, or any algorithms, methods, or models contained therein.

Violations of security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of any Device, the App, or any activity being conducted on the App.

In order to use the Service, you must register and install the App. Access to the Service is limited, requiring a user ID and password or validated and authenticated email sign-in. You agree that all information about you (or your child, pet, or loved one) that you provide to access the Service and during use of the Service is truthful, and you agree not to use any aliases or other means to mask your or your child’s, loved one’s, or pet’s true identity. You agree that any email accounts used in connection with your access to and use of the Service belong to you and not any other person.

You agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. If you suspect any unauthorized use of your user ID or account, you should change your password and/or contact the Company immediately.

Your access to the Service may be revoked by the Company at any time with or without cause. You agree to defend, indemnify, and hold the Company harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by the Company arising out of your breach of these Terms of Service or violation of applicable law, your use or access to the Service, or access by anyone using the Service with your user ID. For security purposes, transfer of any component of the Service or the Service in whole to another party, via a resale or otherwise, is strictly prohibited.

Termination of Access; Removal of Content or Features

In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit, or terminate your account, or all or a portion of your access to the Service, at any time with or without notice in the event that (i) you have breached these Terms of Service, (ii) such action is necessary to prevent harm to any party or liability to the Company, or (iii) a required payment with respect to your Service is delinquent. Additionally, notwithstanding any other provision of these Terms of Service, the Company reserves the right to change, suspend, remove, or disable access to any Content, features, or other materials comprising a part of the Service at any time without notice. In no event will the Company be liable for the removal of or disabling of access to any such Content, features, or materials. By electing to gift a product to someone instead of receiving it yourself, you agree to transfer ownership of the Service to the gift recipient. After gifting, you will not be able to add the Service to your own B’ZT application unless authorized by the gift recipient.

Typographical Errors and Incorrect Pricing

In the event Service fees are listed in the App at an incorrect price due to a typographical error, we shall have the right to refuse or cancel any orders placed for the Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

Export Policy and Restrictions

You acknowledge that the Service, which may include technology and software, is subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading, or using technology or software in connection with the Service, you agree to abide by the applicable laws, rules, and regulations—including, but not limited to, the Export Administration Act and the Arms Export Control Act—and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing a Device, you agree that you will not use any such Device, or provide such Device to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of the Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control.

Additional Terms

These Terms of Service are governed by the laws of the State of New York, without regard to its conflicts of law principles. Any legal action or proceeding arising under or relating to these Terms of Service will be brought exclusively in the courts located in New York County, New York, and you consent to the personal jurisdiction of such courts. You agree to waive your right to a trial by jury in any legal proceeding involving the Service or the use thereof. The Service is controlled and operated from the United States, and we make no representation that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be modified to reflect the parties’ intention, and the remaining provisions will continue in full force and effect.

Revisions; General

The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or without notice. If any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between the Company and you pertaining to the subject matter hereof. In its sole discretion, the Company may from time to time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Your continued use of the Service after revisions to these Terms of Service shall constitute your agreement to the revised Terms of Service. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within the App.

Please note that all terms, conditions, policies, and/or procedures are subject to change without prior notice.