Terms and Conditions

IMPORTANT: BY USING YOUR SOCIAL VEND DEVICE, SOFTWARE AND APP YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:

SOCIAL VEND LICENSE AGREEMENT

PLEASE READ THIS LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR SOCIAL VEND DEVICE OR DOWNLOADING THE SOFTWARE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOCIAL VEND DEVICE OR DOWNLOAD THE SOFTWARE. IF YOU HAVE RECENTLY PURCHASED A SOCIAL VEND DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE DEVICE WITHIN THE RETURN PERIOD TO THE DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO SOCIAL VEND’S RETURN POLICY FOUND AT

SocialVend™ Software and devices are for use only under the terms of this License. Social Vend and its licensors retain ownership of the ™ Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Social Vend-branded app that may be pre-installed on your SocialVend™ Device, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.

(b) Social Vend, at its discretion, may make available future SocialVend™ Software Updates for your SocialVend™ Device.

The SocialVend™ Software Updates, if any, may not necessarily include all existing software features or new features that Social Vend releases for newer or other models of SocialVend™ devices or versions of software. The terms of this License will govern any SocialVend™ Software Updates provided by Social Vend that replace and/or supplement the Original SocialVend™ Software product, unless such SocialVend™ Software Update is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions.

(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the SocialVend™ Software on a single Social Vend branded SocialVend™ device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and Social Vend, this License does not allow the SocialVend™ Software to exist on more than one Social Vend-branded SocialVend™ Device at a time, and you may not distribute or make the SocialVend™ Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Social Vend proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with SocialVend™ Devices. Some of those rights are available under separate licenses from Social Vend. For more information on developing third party devices and accessories for SocialVend™ Devices, please contact us at [email protected]

For more information on developing software applications for SocialVend™ Devices, please contact Social Vend directly.

(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use SocialVend™ Software that may be made available by Social Vend for your model of the SocialVend™ Device to update or restore the software on any such SocialVend™ Device that you own or control. This License does not allow you to update or restore any SocialVend™ Device that you do not control or own, and you may not distribute or make the SocialVend™ Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time.

(c) To the extent that Social Vend has preinstalled Social Vend-branded applications on your SocialVend™ device at the time of purchase (“Preinstalled Apps”), you will need to log into the Social Vend web porthole and associate these Preinstalled Apps with your account in order to use them on your SocialVend Device. By using your SocialVend™ device you agree that Social Vend may transmit, collect, maintain, process and use both the Social Vend ID used by your account and a unique hardware identifier collected from your SocialVend™ device, as unique account identifiers for the purpose of verifying the eligibility of your request and providing you access to SocialVend™ device and software at any time.

(d) You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the SocialVend™ Software or any services provided by the SocialVend™ Software or any part.

(e) The SocialVend™ Software License does not grant you any rights to use the software for any purpose other than for use with the SocialVend™ device it was purchased with.

(f) You agree to use the SocialVend™ Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the SocialVend™ Software and Services. Features of the SocialVend ™Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection is required for some features of the SocialVend™ Software and Services such as Twitter, Instagram, Snapchat, stock control.

(g) Use of the SocialVend™ software requires a unique user name and password combination, known as a Social Vend ID. A Social Vend ID is also required to access updates and certain features of the SocialVend™ Software and Services. In addition, you acknowledge that many features, built-in apps, and Services of the SocialVend™ Software transmit data and could impact charges to your data plan or internet service provider and that you are responsible for any such charges.

(h) Your SocialVend™ Device will periodically check with Social Vend for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device.

(i) Using your SocialVend™ app notifications and alerts in some circumstances can distract you and may cause a dangerous situation (for example, avoid reading a text message while driving a car). By using your SocialVend™ Device you agree that you are responsible for observing rules that prohibit or restrict the use of mobile phones or headphones (for example, the requirement to use hands-free options for making calls when driving).

3. Transfer.

You may not rent, lease, lend, sell, redistribute, or sublicense the SocialVend™ device or software without written permission to do so from Social Vend.

4. Consent to Use of Data.

When you use your device, your Social Vend ID and certain unique identifiers for your SocialVend™ Device are sent to Social Vend in order to allow features of the SocialVend™ Software to operate.

(a)The information sent to Social Vend may be used. Devices you acknowledge that such data will be sent to Social Vend and stored in conjunction with the Social Vend ID you use.

(b) Certain Services may display, include or make available content, data, information, photographs, images or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Social Vend 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. Social Vend, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.