This Mobile App End User License Agreement (the "Agreement") is a binding agreement between YOU ("End User" or "You") and NOTAB, INC. ("NoTab"). This Agreement governs your use of the NoTab mobile application including all related documentation (the "App"). The App is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING, AND/OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 21 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, AND/OR USE THE APP.

BY CLICKING THE “I ACCEPT” BUTTON, OR BY INSTALLING, OR OTHERWISE USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS WELL AS THE NOTAB PRIVACY POLICY (“PRIVACY POLICY”) INCLUDING, WITHOUT LIMITATION, THE WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, DATA USE AND TERMINATION PROVISIONS BELOW, WHETHER OR NOT YOU DECIDE TO USE THE APP. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY YOU. IF YOU DO NOT AGREE, YOU ARE NOT LICENSED TO USE THE APP, AND YOU MUST DESTROY ANY DOWNLOADED COPIES OF THE APP IN YOUR POSSESSION OR CONTROL.

1. License Grant. Subject to the terms of this Agreement, NoTab grants you a limited, non-exclusive, and nontransferable license to:

(a) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation; and

(b) access, download, and use on such Mobile Device the App, strictly in accordance with this Agreement and the Terms and Conditions and Privacy Policy applicable to the App.

2. License Restrictions. Licensee shall not:

(a) copy the App, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether patentable or not, of the App;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.

3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. NoTab reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4. Registration Data. You will be asked to create your own personalized account to use the App. In consideration of your use of the App, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms made available via the App ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to NoTab, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to NoTab.

You may not use the App if you are less than 21 years of age and all of the members in your group are also 21 years of age. By using the App, you verify that you are entering into this agreement with a clear mind and in an un-intoxicated state.

NoTab is under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the App. You are only authorized to create and use one account for the App. You are under no obligation to use or continue to use the App and may cease use of the App without notice to NoTab.

5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, NoTab may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App, including, but not limited to, contact information and technical information about your use, the device, system, software, and peripherals, that are gathered to analyze the use, features and functionality of the App and to facilitate the provision of software updates, product support and other services related to the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Terms and Conditions; Privacy Policy. Your access and use of the App are governed by this Agreement and NoTab’s Privacy Policy which are incorporated herein by this reference. Your access to and use of the App may require you to acknowledge your acceptance of such Terms and Conditions and Privacy Policy and/or to register with the App, and your failure to do so may restrict you from accessing or using certain of the App's features and functionality.

7. The Service. The App is a marketing platform which allows businesses like nightclubs and lounges (the “Venue”) to feature their menus of food, alcoholic and nonalcoholic drinks, and other services, including but not limited to, conversion of credit to cash, (collectively the “Products”) on the mobile screen of End Users who have downloaded and installed the App. End Users can use the App to order and pay for Products.   Once an order for Products has been placed by an End User, a unique QR code will be generated.  The QR code will be scanned to confirm delivery of the Products to the correct End User.

You agree and acknowledge that NoTab is not involved in any sale and purchase of Products and cannot warranty the quality and merchantability of the Products you purchase. The App is only a facilitator or intermediary and is not and cannot be a party to or control in any manner any transactions between the you and the Venue. NoTab is not responsible for or liable to mediate or resolve any disputes or disagreements between you and the Venue. NoTab it not responsible for any actions or inactions of the Venue or any breach of conditions, representations, or warranties by the Venue. NoTab does not sell or retail any Products and does not ensure that the Venue or End User shall perform their obligations in respect of the transaction concluded on this App.

You further agree and undertake that you are accessing the services available on this App and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this App.

8. Third-Party Payment Processor. NoTab is a technology provider. It is not a bank, credit union, payment processor, other financial institution, money transmitter or Money Services Business (“MSB”) and NoTab does not offer banking or MSB services as defined by the United States Department of Treasury. Transactions are processed via a third-party payment processor and/or point of sale system vendor STRIPE (“Payment Processor”). By processing a transaction via the Platform, you acknowledge and agree that the Payment Processor can charge your credit card for the total amount of Product ordered, plus all related taxes and fees.  You authorize NoTab to provide this information to the Payment Processor in order for the Payment Processor to facilitate money transmission responsibilities for all transactions. NoTab does not hold, own or control funds in connection with the Services, nor does NoTab transmit money or monetary value. In connection with the Services, NoTab does not actually or constructively receive, take possession of, or hold any money or monetary value for transmission, and does not advertise, solicit, or hold itself out as receiving money for transmission.  Current transaction fee charged by the Payment Processor is 2.9% of the transaction amount plus $0.30 per successful card charge.

Transactions processed via the App are also subject to the terms and conditions of the applicable business from which the Products were purchased.

9. Payment For Products. In connection with your payment for Products within the App, you acknowledge that: (a) NoTab is using the Payment Processor that is integrated into the App, (b) NoTab is not responsible for any error by the Payment Processor, (c) the posted prices for the Products include the rate negotiated by NoTab with the Venue including service fees and taxes, where applicable, and are deemed part of this Agreement; and (d) NoTab retains an Administrative Fee from the posted price as compensation in servicing your Product purchase, regardless of whether you are able to use the Product purchased.  All service fees, taxes and Administrative Fees will be itemized for the End User on the App prior to checkout.

When you make a purchase within the App or by clicking “Pay with Card” you are representing to us that: (i) any credit card information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, service fees and Administrative Fees, and (iv) that you agree to any terms, conditions, and privacy policies of the Payment Processor. To provide a safe and secure App experience, we regularly monitor transactions for fraudulent activity. In the event NoTab detects any suspicious activity, NoTab reserves the right to cancel all past, pending, and future orders without any liability.

10. All Sales are Final; No Refunds or Exchanges. If you purchased a Product through the App, it is the Venue’s responsibility to provide the Product you purchased. NoTab does not warrant that the Service or the Products are complete, reliable, current, or error-free. If you have reason to believe that a Product you purchased through the App does not meet the claims advertised within the App your sole remedy is to not accept the Product.  By accepting the Product, regardless of your inability or failure to use the Product, you acknowledge that the Product was inspected with care and that the Product was delivered as described. Once the Product is accepted and your unique QR code is scanned, (i) all sales are final and no refunds shall be given and (ii) you acknowledge, understand, and agree that you forego the right to dispute credit card charges incurred from using the App on the grounds that the Venue has failed to deliver satisfactory services or the Product you ordered.

11. Geographic Restrictions. The App is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you are responsible for compliance with local laws.

12. Updates. NoTab may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that NoTab has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the App will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

We may also cease or discontinue providing the App, or support or upgrades for the App, at any time. Such new features and/or services shall be subject to the terms and conditions of the then-current version of the Agreement as well as any additional terms and conditions that NoTab may post on the Site/App or make available through the Services. NoTab may also modify or eliminate services, modules or features of the App or Services; your sole and exclusive remedy, and NoTab’s sole liability, in connection with any such change, modification or elimination is to terminate your account with us.

NoTab reserves the right, at its sole discretion, to amend or update any part of the Agreement by posting the amended or updated Agreement on the Site or making it available through the App. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement periodically for changes, and you should check the “Last Updated” dates at the top of this End-User License Agreement and our Privacy Policy to familiarize yourself with the latest version of the Agreement. Your continued use of or access to the App and Services following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes.

13. Third-Party Content. NoTab may display, include, or make available content, data, information, applications, or materials from third parties (collectively the "Third Party Content"). NoTab does not control, warrant, endorse or adopt any Third-Party Content and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Part Content, or web sites, or for any other materials, products, or services of third parties. You acknowledge and agree that NoTab is not responsible or liable in any manner for any Third-Party Content and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Users use such Third-Party Content contained therein at their own risk.

NoTab may also run advertisements and promotions from third parties on the Website or in the App or may otherwise provide information about or links to other third-party products or services. Any purchases or other transactions or actions made on or through links accessed from the Website or App are solely between the user and the third party from whom the purchase was made (the "Third-Party Seller"). Any business dealings, interactions, or correspondence with, or participation in promotions of such Third-Party Seller, and any terms, conditions, warranties, or representations associated with such purchases, dealings, or promotions, are also solely between the user and such Third-Party Seller. NoTab is not responsible or liable for any loss or damage of any sort incurred as the result of any such third-party purchases, dealings, interactions, advertising, or promotions or as the result of the presence of such third-party information or content on the Website or in the App.

You understand that by using the App or Third-Party Content, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the App at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

14. Third Party Terms. End Users agree that in addition to the Agreement, your use of the App is subject to the usage rules set forth in Apple’s App Store terms of service, if you download the App from the App Store, or in Google Play’s terms of service, if you download the Applications from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the App or otherwise access the Services.

Without limiting the generality of the foregoing, if you downloaded the App from Apple, you and NoTab acknowledge and agree to the following: This Agreement is concluded between you and NoTab only, and not with Apple Inc. (“Apple”). NoTab, not Apple, is solely responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be NoTab’s sole responsibility. NoTab, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the Appl fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. 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.  Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.

15. Term and Termination. The term of Agreement commences when you download/install the App and will continue in effect until terminated by you or NoTab as set forth in this Section 16. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. NoTab may terminate this Agreement at any time without notice if it ceases to support the App, which NoTab may do in its sole discretion, if NoTab discovers you are under the age of 21, you fail to abide by or violate any of the terms and conditions of this Agreement.

Upon termination all rights granted to you under this Agreement will also terminate and you must cease all use of the App and delete all copies of the App from your Mobile Device and account. Termination will not limit any of NoTab's rights or remedies at law or in equity.

16. Intellectual Property.  NoTab, the NoTab logos and any other product or service name or slogan contained in the Website and App are trademarks of NoTab and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NoTab or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "NoTab" or any other name, trademark or product or service name of NoTab without our prior written permission. In addition, the look and feel of the Website and the App, including all page headers, custom graphics, button icons and scripts, is intellectual property of NoTab and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or in the App are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights.  Other product and company names that are mentioned on the App may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

17. Compatibility With Mobile Devices. NoTab does not warrant that the App will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

18. Carrier Charges. You acknowledge and understand that the App requires and utilizes mobile phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges. By using the App, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the App. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the App, and that you are authorized to approve all associated SMS and data charges.

19. Electronic Communications. When you use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or through the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Disclaimer of Warranties. THE APP IS NEITHER GURANTEED NOR WARRANTED TO BE ERROR-FREE. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NOTAB, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NOTAB PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR NOTAB’S OR ITS SUPPLIER’S BREACH OF WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

In the event of any failure of the App to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the App to that End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

21. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOTAB OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPL OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGE;

(b) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,

(c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,

(d) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,

(e) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE),

(f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E- MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, or

(g) DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEEDS THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE APP OR FIFTY DOLLARS ($50.00). 

NOTAB DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A VENUE OR THIRD PARTY THROUGH THE APP, OR ANY HYPERLINKED OR INTEGRATED WEBSITE/APP OR SERVICES, AND NOTAB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY ADVERTISER OR OTHER THIRD PARTY WHICH OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE APP).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOTAB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR THE APP, BUT IT MAY BE LIMITED, NOTAB’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).

22. Release. If you have a dispute with one or more Venues or a merchant of a Product purchased through the App you release NoTab (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

23. Indemnification. You agree to indemnify, defend, and hold harmless NoTab and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.

24. Export Regulation. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.

25. US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

26. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

27. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Houston and County of Harris. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

28. Entire Agreement. This Agreement, together with both our Terms and Conditions and Privacy Policy, constitute the entire agreement between you and NoTab with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

29. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

30. Contact. You may contact NoTab at the following email address: support@mail.notab.com for and questions, claims or complaints.