WICKEDBONE APP

TERMS OF USE

Updated July 31, 2018

Thank you for your interest in the Wickedbone Application (the “Wickedbone app”) offered by Shenzhen Cheerble Technology Co., Ltd. (“Cheerble”). Please read the following terms and conditions carefully. By clicking “I Accept” or by using the Wickedbone App or any of the products, software, data or services provided to you through the Wickedbone App (together with the Wickedbone App, the “Service”), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the Cheerble Privacy Policy (available at detail website www.cheerble.com/privacy-policy/ and incorporated herein by reference) (together, the “Terms”).If you are not eligible or do not agree to any of the Terms or the Wickedbone App Privacy Policy,then you may not use the Service.

If you have recently purchased a product offered by Cheerble and you do not agree to the Terms, you may be entitled to a full refund of your purchase of the product if you return the inactivated product within the return period in accordance with the Cheerble After-sales Service Policies.

These Terms provide that all disputes between you and Cheerble will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Dispute Resolution of these Terms for the details regarding your agreement to arbitrate any disputes with Cheerble.

You acknowledge and agree that, as provided in further detail in these terms:

  • The Wickedbone App is licensed, not sold to you, and that you may use the Service only as set forth in these Terms;
  • The use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier” ), which are your sole responsibility;
  • You consent to the collection and use of your personal data and information about your location in accordance with Cheerble Privacy Policy;
  • Access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates;
  • The Service is provided “as is” without warranties of any kind and Cheerble’s liability to you is limited.

Wickedbone App and Service Overview.

You may use the Wickedbone App to control Wickedbone Hardware – including the drive model and interactive model.

Eligibility.

By agreeing to these Terms, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Service; and (b) your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

Your Obligations for Using the Wickedbone App to Operate the Wickedbone Hardware.

You are responsible for obtaining and maintaining all hardware and other communications equipment (including Wickedbone Hardware) needed to access or use the Service. You agree that : (a) you will use each Wickedbone Hardware only in conformity with the applicable Wickedbone Hardware terms of use, user manual, and safety guidelines; (b) you will use and maintain with due care, and will not deface, modify, use or operate any Wickedbone Hardware in any illegal manner or for any illegal purpose in violation of any applicable international or U.S. federal, state, or local law or regulation; (c) you will not (and will not permit others to) remove, deface, or otherwise obstruct any regulatory or certification markers affixed to the Wickedbone Hardware; and (d) each Wickedbone Hardware item will only be repaired subject to Wickedbone’s express written authorization and in accordance with Wickedbone’s instructions and requirements. You further agree to operate your Wickedbone Hardware in conformity with the user’s manual and Safety Guidelines provided by Cheerble and to not remove, deface, or otherwise obstruct any regulatory or certification marks affixed to a Wickedbone Hardware.

When using the Wickedbone App to operate the Wickedbone Hardware, you agree to abide by all relevant statutes, rules, and regulations set forth by government, law enforcement, and regulatory agencies, including without limitation and as applicable the International Civil Aviation Organization (ICAO) and the Federal Aviation Administration (FAA).

Prohibited Conduct.

BY USING THE SERVICE YOU AGREE NOT TO:

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy.

Modification of these Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified Terms of Use are effective upon its publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing using the Service, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your use of the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

Proprietary Rights.

The Service is owned and operated by Cheerble. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ( “Materials” ) provided by Cheerble are protected by intellectual property and other laws. All Materials contained in the Service are the property of Cheerble or our third-party licensors. Except as expressly authorized by Cheerble, you may not make use of the Materials. Cheerble reserves all rights to the Materials not granted expressly in these Terms.

Feedback.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Cheerble an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose.

Disclaimers.

The Service and all materials, and content available through the Service are provided “As Is” and on an “As Available” basis, without warranty or condition of any kind, either express or implied. Cheerble disclaim all warranties of any kind, whether express or implied, relating to the Service and all materials, and content available through the Service, including: (A) any implied warranty of merchantability, fitness for a particular purpose, or non-infringement; And (B)

Any warranty arising out of course of dealing, usage, or trade. Cheerble do not warrant that the Service or any portion of the Service, or any materials, or content offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the Service or any materials, or content available through the Service will create any warranty regarding any of Cheerble or theServicethat is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the Service and any materials, or content available through the Service. You understand and agree that you use the Service at your own discretion and risk. And that you are solely responsible for any personal injury, death, damage to your property (Including your computer system or mobile device or Cheerble hardware used in connection with the Service) or third-party property, or the loss of data that results from your use of or inability to use the Service.

Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

Limitation of Liability.

In no event will Cheerble be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials, or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Cheerble has been informed of the possibility of damage.

Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable.

Dispute Resolution.

Generally. In the interest of resolving disputes between you and Cheerble in the most expedient and cost effective manner, you and Cheerble agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these terms, you and Cheerble are each waiving the right to a trial by Jury or to participate in a class action.

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Changes and Updates to these terms of use.

We may update these terms of use from time to time. If we modify these terms of use, we will make it available on or through the Service, and indicate the date of the latest vision. We will make reasonable efforts to notify you of the change. Limited by applicable laws, your continued use of the Service after the revised terms of use has become effective indicates that you have read, understood, and agreed to the current version of the terms of use.

Our Contact Information.

Please contact us with any questions or comments about these terms of use by email at support@cheerble.com.