Terms of Service &
End User License Agreement

Effective Date: May 31, 2021

THESE TERMS OF USE AND END USER LICENSE AGREEMENT (THIS “AGREEMENT”) SET FORTH BELOW APPLY TO THE EXECUTABLE CODE VERSION OF SIDEKICK BROWSER (THE “SOFTWARE”), WHICH IS OWNED AND OPERATED BY PUSH PLAY LABS INC., A DELAWARE CORPORATION (“PPL”, “WE”, OR “US”), AND INCLUDES ALL RELATED PRODUCTS, SOFTWARE, SERVICES AND WEBSITES, INCLUDING MEETSIDEKICK.COM (THE “WEBSITE”), (REFERRED TO COLLECTIVELY AS THE “SERVICES”) AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PPL. BY CLICKING THE “ACCEPT” BUTTON, OR BY INSTALLING OR USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.

IF YOU ARE ENTERING INTO AND ACCEPTING THIS AGREEMENT ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO AND ACCEPT THIS AGREEMENT ON BEHALF OF THE RELEVANT BUSINESS ENTITY. THE TERMS “YOU” OR “YOUR” AS USED IN THIS AGREEMENT REFER TO THE BUSINESS ENTITY AND ANY INDIVIDUAL, SUCH AS AN EMPLOYEE OR CONSULTANT OF THE BUSINESS ENTITY, THAT THE BUSINESS ENTITY HAS AUTHORIZED TO USE THE SERVICES (AN “INDIVIDUAL USER”); PROVIDED, HOWEVER, THAT EACH SUCH INDIVIDUAL USER SHALL REMAIN LIABLE FOR ANY BREACHES OF THIS AGREEMENT AND SHALL BE REQUIRED TO COMPLY WITH THE TERMS OF THIS AGREEMENT REGARDLESS OF THE FACT THAT THE ACCOUNT IS HELD IN THE NAME OF THE BUSINESS USER.

IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK THE “ACCEPT” BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE SIDEKICK SERVICES.

SECTION 13(IV) OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN PPL AND YOU ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 13(iv) FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1. Services

2. Registration and account

3. License to use the services

4. Fees

5. Protection of service data; Privacy

6. Ownership and intellectual property; use of trademarks

7. End user license

8. Termination

9. Warranty disclaimer & limitation of liability

10. Indemnification

You agree to defend, indemnify and hold harmless PPL, its suppliers, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services.

11. Export restrictions

You will not export, re-export, use, or divert the Services to or on behalf of (a) any country that is subject to U.S., EU or UN economic sanctions administered by the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Commission or the UN, including but not limited to Burma, Cuba, Iran, Libya, Sudan, Syria and North Korea; (b) the government of any country sanctioned by any of the above, wherever located; or (c) persons or entities identified as “Specially Designated Nationals” by OFAC or sanctioned pursuant to applicable EU Regulation, or persons or entities that are owned or controlled by such person or entity. You shall not distribute or supply the Services to any person if you have reason to believe that such person intends to export, re-export or otherwise transfer the Services to, or use the Services in or for the benefit of, any such OFAC or EU sanctioned countries, governments, persons, or entities. You shall not use the Services in connection with the commission of terrorist acts or the design, development, production, or use of nuclear, biological, or chemical weapons; missiles; or unmanned aerial vehicles. You shall not export, re-export, or transfer the Services to any person or entity with knowledge or reason to know that any of the prohibited activities identified in this section are intended by such person or entity. Without limiting the foregoing, you shall not commit any act which would, directly or indirectly, violate, or which may cause PPL to violate, any United States, EU or local law, regulation, treaty or agreement relating to the export or re-export of the Services. At your expense, you shall obtain any government consents, authorizations, or licenses required for you to exercise your rights and to discharge its obligations under this Agreement. You acknowledge that your Service Data, once placed on the Services may constitute an export of your Service Data by you to one or more foreign jurisdictions, you shall not cause any such export of data in violation of the laws of the United States and/or such other foreign jurisdictions.

12. Free trials

We may make available trial and other promotional offers (“Promotional Offer”) for the limited use of the Services to you. We reserve the right to revoke or change any Promotional Offer at any time in its sole discretion. We may automatically charge you at the end of the Promotional Offer for any applicable license fees, unless you notify us that you want to cancel your use of the Services within a requisite period of time.

13. General provisions

14. Privacy

Use of the Services is also governed by our Privacy Policy, the provisions of which are adopted herein by reference so when we refer to this Agreement we also refer to the Privacy Policy.

15. Contacts

We may be reached by mail at 101 South Park Street, San Francisco, CA 94107, or by e-mail at legal@meetsidekick.com.