End User License Agreement

Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the New Paradigm Applications. (“New Paradigm Apps”) mobile applications. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and New Paradigm Applications (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA and Your use of the Mobile App will remain subject to the existing agreement governing such use. With respect to the use of the Mobile App, the terms of this EULA will govern and control solely with respect to use of the Mobile App. 

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1.  License.  New Paradigm Applications grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal purpose strictly in accordance with this EULA.

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2. Your use of the Mobile App does not require that You have an account with New Paradigm Applications.

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3. Changes to this EULA. New Paradigm Applications reserves the right to modify this EULA at any time and for any reason. If New Paradigm Applications makes material changes to this EULA, You will receive notification via the Mobile App in the form of an Application update. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at New Paradigm Applications website even if these updated terms appear online at New Paradigm Applications’s website before being posted in the Mobile App. Your continued use of the Mobile App after New Paradigm Applications publishes notice of changes to this EULA indicates Your consent to the updated terms.

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4. No Included Maintenance and Support. New Paradigm Applications may deploy changes, updates, or enhancements to the Mobile App at any time. New Paradigm Applciations may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.

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5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App in a way that could harm or impair others’ use of the Mobile App. Your use of the Mobile App is governed by the Acceptable Use Policy. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.  

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6. Privacy. In order to operate and provide the Mobile App, New Paradigm Applications does not collect any information about You, including technical and telemetry data related to your use of the Mobile App. 

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7. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEW PARADIGM APPLICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. New Paradigm Applications does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device. 

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7.1      iOS Application. In the event of New Paradigm Applications’s failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.  

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8. Suspension and Termination of the Mobile App. New Paradigm Applications reserves the right to suspend or terminate Your access to the Mobile App at any time.

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9.  Intellectual Property Rights. In the event of a third party claim that the Mobile App, or Your possession and use of the Mobile App, infringes third party’s intellectual property rights, New Paradigm Applications will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

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10. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.

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11. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your Subscription Agreement.

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12. Contact Information. If You have any questions regarding this EULA, please contact New Paradigm Applications by email at support@newparadigmapps.com, by phone at 1 (602) 844-4440, or by mail at 4645 N12 ST, Suite 201, Phoenix, AZ 85022.

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13. Third Party Beneficiaries. This EULA is executed between You and New Paradigm Applications and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third-party beneficiary thereof. New Paradigm Applications is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.