IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Please read these Terms of Use carefully as they describe the rules you have to follow, outline your legal rights, and explain the rights you give to us when you use our services.

Please also read our Privacy Policy and any other terms or documents referred to in these Terms of Use.

I. AGREEMENT:

This Term of Use is a legal agreement between you and Dpsmiles.

By installing or otherwise using the our Apps and websites, you:

(a) agree to be bound by the terms and conditions of this Term,

(b) you represent and warrant that you own or control device in which our applications are installed and used

(c) you represent and warrant that you have the right, authority and capacity to enter into this Term and to abide by all its terms and conditions, just as if you had signed it.

The terms and conditions of this Terms of Use also apply to any Dpsmiles App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this Term, do not install or use any Dpsmiles App or Websites. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Dpsmiles App shall constitute reasonable means. Your continued use of the Dpsmiles Apps after we post any amendments to this Term will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Dpsmiles Apps.

If you have any questions or concerns regarding the terms or conditions herein, please email us at [email protected]. Do not use the Dpsmiles Apps or websites until your questions and concerns have been answered to your satisfaction and you agree to abide by the Term of Use.

Use of the Dpsmiles Apps is subject to our Privacy Policy, which is hereby incorporated into this Terms of Use by reference. This Terms of Use also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Dpsmiles Apps. The Dpsmiles Apps may be available through marketplaces that distribute mobile applications and that may have additional terms.

II. AGE REQUIREMENT:

You must be 12 years of age or older to install or to use the Dpsmiles apps. If you are at least 12 but not yet 18 years of age, please have your parent or legal guardian review this Term of Use with you, discuss any questions you might have, and install the Dpsmiles Apps for you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an Dpsmiles App, you agree to the terms and conditions of this Term of Use on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this Term, do not let your child use the Dpsmiles Apps or associated features.

III. GRANT OF LICENSE:

Subject to your compliance with the terms and conditions of this Term of Use,we grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Dpsmiles Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

IV. RIGHTS AND LIMITATIONS:

1. Restricted Use.

You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Dpsmiles Apps or use the Dpsmiles Apps for the benefit of any third party. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Dpsmiles Apps, except to remove our Dpsmiles Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Dpsmiles Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Dpsmiles Apps in any way. You do not have the right to and may not create derivative works of any Dpsmiles Apps or any portions thereof. All modifications or enhancements to the Dpsmiles Apps remain the sole property of us.

2. Dpsmiles Apps Updates.

We reserve the right to add or remove features or functions to existing Dpsmiles Apps. When installed on your mobile device, the Dpsmiles Apps periodically communicate with our servers. We may require the updating of the Dpsmiles Apps on your mobile device when we release a new version of the Dpsmiles Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Term of Use before you will be permitted to use any subsequent versions of the Dpsmiles Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Dpsmiles Apps may be ended upon the availability of updates, supplements or subsequent versions of the Dpsmiles Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Dpsmiles Apps.

3. Access.

You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Dpsmiles Apps. If you access an Dpsmiles App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Dpsmiles Apps from your device. Downloading, installing or using certain Dpsmiles Apps may be prohibited or restricted by your network provider and not all Dpsmiles Apps may work with your network provider or device. We make no representation that the Dpsmiles Apps can be accessed on all devices or wireless service plans. We make no representation that the Dpsmiles Apps are available in all languages or that the Dpsmiles Apps are appropriate or available for use in any particular location.

4. Purchases & Cancellation Rights.

(A) Where you purchase from a third party: Dpsmiles Apps are available for purchase from GooglePlay and Apple App Store and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and download an Dpsmiles App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on Google Play Store and Apple App Store.

(B) Where you purchase from Dpsmiles directly: Please note and acknowledge: you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app is complete. This will also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds from GooglePlay and Apple App Store.

5. Subscription Services.

Certain Dpsmiles Apps on the Google Play Store and Apple App Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by GooglePlay and Apple App Store. Free trial subscriptions may be cancelled at any point up to 24 hours at any time before the end of the trial period. You can cancel a subscription service at any time during the subscription period via the subscription settings in your GooglePlay and Apple App Store account. The cancellation will take effect after the last day in the relevant subscription period.

6. Trial Periods.

Certain of our subscription services on the Google Play Store and Apple App Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your App Store account. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel before the end of the trial period.

V. THIRD-PARTY PARTNERS

1. Third-Party Services and Content.

The Dpsmiles Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an Dpsmiles App that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Dpsmiles Apps may provide access or links to Third Party Partner websites or resources. We have no control over such websites and resources, and you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse nor are responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. We will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.

2. Access to Third-Party Services and Content through Dpsmiles Apps.

All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an Dpsmiles App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Dpsmiles App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

VI. SECURITY:

Dpsmiles Apps, like other consumer technologies, may not be 100% secure. By accepting this Term you acknowledge and accept that the Dpsmiles Apps and any information you download or offer to share by means of an Dpsmiles App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Dpsmiles shall not be liable for any unauthorized access to your mobile device or the app data thereon.

VII. UNINSTALL/REMOVAL OF A Dpsmiles APP:

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Dpsmiles Apps, please use the application manager provided with your device or consult your device manual for reference.

VIII. CONSENT TO USE OF DATA AND USER REVIEWS:

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Dpsmiles Apps. We may use this information in accordance with the Privacy Policy located here.

Additionally, if you choose to provide app store reviews or reviews via any social media channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use your app reviews for promotional purposes, you will be able to elect for us not to do so by submitting your request [email protected] (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.