Terms and Conditions

1. OVERVIEW OF TERMS

Welcome to this Terms and Conditions (this “Terms”). This Terms has been provided by Aspyr Marketing, LLC (also “we” or “us” or “our”) and it contains the rules and practices our website and service users (also “you” or “your”) must adhere to before using our website and services.

BY USING OUR WEBSITE FOR INFORMATION ON MARKETING SERVICES, PRODUCTS, AND/OR OTHER INFORMATION AVAILABLE (collectively, our “Services”), YOU CONFIRM TO ASPYR MARKETING, LLC THAT YOU HAVE READ, UNDERSTAND, AND AGREED TO THE TERMS AND CONDITIONS IN THIS TERMS. IF YOU DO NOT AGREE TO IT, YOU HAVE NO OTHER OPTION BUT TO STOP USING OUR SERVICES.

2. UPDATES TO TERMS AND SERVICES

We reserve the right, at our discretion, to update, modify, change, or review (collectively, “Updates”) a portion or part of these Terms and/or our Services without notice to you. Any Updates made to this Terms shall be followed by updating these Terms and changing the data above. Updates may also be communicated to you via your registered email address

3. SERVICE ELIGIBILITY AND REGISTRATION

To use our website for information purposes, you must be at least 18 years of age.

4. USER REPRESENTATIONS AND WARRANTIES

By using our Services, you represent and warrant that:

i. The data you provided during subscription is accurate and complete;

ii. Only you will have access to your account;

iii. You are 18 years of age or above;

iv. By using our Services on behalf of a company, you have the permission from the company to do so;

v. Your use of our Services does not violate any local law or regulation in the location you are.

5. WE MAKE NO WARRANTY

By using the information provided by Aspyr Marketing, LLC regarding investment activities, you acknowledge and agree that the information is provided for reference purposes only and does not constitute investment, tax, and financial advice whatsoever. We do not warrant or represent to you that the information is accurate, complete, up-to-date, or relevant. You further agree that you will use the information at your sole risk without passing any liability to Aspyr Marketing, LLC.

6. RESTRICTED ACTIVITIES

By accessing our website, you agree to stay away from the below-restricted activities including;

a. Attempting to undermine the security or integrity of our computing systems or networks;

b. Carrying out actions that encourages money laundering and other criminal activities including but not limited to darkness markets, and terrorism financing;

c. Carrying out actions that distribute, publish, or disseminate any unlawful or illegal information or material or otherwise violates any applicable law;

d. Attempting to gain unauthorized access to any part of our website which you do not have our permission to access;

e. Imputing or transmitting any files that may damage any of the functionalities that make up the website or the systems;

f. Sharing content, information or files that are racist, offensive, pornographic or otherwise violates any law including laws relating to copyright violations which you do not have the permission to share

g. Attempting to modify, copy, use, decompile, disassemble or reverse-engineer any software or programs used by Aspyr Marketing, LLC to provide our Services; and

h. Giving out or sharing your passwords and account to someone else without prior written consent from us.

8. PRIVACY POLICY

We respect your privacy and understand the risk involved if your privacy is breached by an unauthorized individual. To know about how we process your personal data and other data shared with us, including your verification documents, please, read our Privacy Policy disclosures.

9. INTELLECTUAL PROPERTY RIGHTS

The content on the website (“Aspyr Marketing, LLC Content”) including trademarks, service marks, and logos contained therein (“Marks”) are licensed to Aspyr Marketing, LLC, and are subject to copyright and other intellectual property rights under foreign laws and international conventions. Aspyr Marketing, LLC Content includes, but not limited to, all source codes, databases, layouts, software, designs, audio, video, text, photographs and graphics.

Aspyr Marketing, LLC’s trademarks may not be used, including as part of trademarks and as part of domain names, in connection with any service or product in any way that may cause confusion and may not be copied or used, in whole or part, without Aspyr Marketing, LLC’s consent.

10. LIMITED LICENSE

Unless otherwise stated, theAspyr Marketing, LLC Content including trademarks, service marks, copyrights, and intellectual property rights, are owned and controlled by Aspyr Marketing, LLC under international convention and foreign laws. Aspyr Marketing, LLC, hereby grants you an unlimited license to download any of our intellectual property for your personal, non-commercial use only.

11. THIRD PARTY CONTENT

The links and adverts posted on the website are third party links and adverts (“Third Party Content”) and are not under Aspyr Marketing, LLC’s supervision or control. We do not warrant to you that the content of Third Party Contents are accurate, complete or legal. Third Party Contents (including those sent to your email address) are provided to you for references only and should be checked for accuracy or completeness before relying on them. Aspyr Marketing, LLC will not be liable to you for any loss you may incur from any Third Party Content you accessed or used through our website.

12. DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, YOU HEREBY AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES IS DONE AT YOUR SOLE RISK. ASPYR MARKETING, LLC PROVIDES THE WEBSITE AND OUR SERVICES ON “AS IS” AND “AS AVAILABLE” BASIS AND HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (IMPLIED OR EXPRESS), INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, COMPLETENESS, FITNESS FOR PURPOSE, AVAILABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE, TOTALLY SECURE, OR NON-INTERRUPTED. WE FURTHER DO NOT WARRANT THAT THE INFORMATION, MATERIALS, AND TIPS ON THE WEBSITE REGARDING INVESTMENT ACTIVITIES DOES NOT CONSTITUTE PROFESSIONAL, INVESTMENT, OR FINANCIAL ADVICE, AND THAT YOU WILL MAKE INDEPENDENT RESEARCH REGARDING THE VALIDITY OF ANY INFORMATION OR MATERIALS WE POST ON THE WEBSITE.

13. LIABILITY LIMITATION

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ASPYR MARKETING, LLC, OUR EMPLOYEES, AFFILIATES, DIRECTORS, STAKEHOLDERS, AND THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, ACCIDENTAL DAMAGES INCLUDING DAMAGES OF LOST PROFIT, GOODWILL, REVENUE, DATA, AND OTHER TYPES OF LOSS WHICH MAY ARISE OR RESULT FROM YOUR USE OF OUR WEBSITE, SERVICES, AND THE INFORMATION PROVIDED BY US (EVEN IF Aspyr Marketing, LLC HAS BEEN ADVISED OR SHOULD HAVE FORESEEN SUCH DAMAGES OCCURRING).

14. INDEMNIFICATION

You hereby agree to release and indemnify Aspyr Marketing, LLC, our employees, directors, affiliates, service providers, licensors, and associates from and against all claims, proceedings, court actions, lawsuits, demands, liabilities, damages, costs, expenses, or losses which may arise as a result or connected with your use of our Services, your violations of this Terms and other policies, or the violation of any applicable law or the rights of another individual or entity.

15. OUR ACTIONS ON VIOLATIONS

Aspyr Marketing, LLC reserves the right, at our discretion, to seek any remedy or take actions available at law for any violation of our terms and conditions as described in these Terms. Remedy or actions may include but are not limited to the right to limit, suspend, or terminate your user account and bar you from engaging on our website.

16. NO WAIVER

Should Aspyr Marketing, LLC fail to exercise our rights regarding a violation of these Terms and other policies and agreements established by us, it does not constitute a waiver of our right to do so at a future time

17. FORCE MAJEURE

Aspyr Marketing, LLC shall not be liable to you or any third party for any failure to perform our obligations if such failure is as a result of any occurrence that is beyond our reasonable control including but not limited to internet breakdowns, government actions, fire, market forces, storm, fire, severe weather conditions, rules, wars, and power failure.

18. SEVERABILITY

If any portion or provision of this Terms and Conditions is found to be void, unenforceable or illegal by a competent court having jurisdiction, the parts shall be brought down or edited while the remaining portion or provisions that are legal and enforceable shall not be affected.

19. GOVERNING LAW

These Terms shall be governed and construed by international laws without regards to conflict of law and its provisions.

Privacy Policy

1. OVERVIEW OF POLICY

This Privacy Policy (this “ Policy ”) is provided by Aspyr Marketing, LLC (also “ we ” or “us ” or “our ”) regarding our activities on Users’ (also “ user ” or “you” or “ your”) data processing

Data processing involves the collection, use, disclosure, and security of users’ data. We comply with data processing rules set by the GDPR because we understand the risk involved when your data is accessed by unauthorized individuals or parties. For GDPR purposes, Aspyr Marketing, LLC is your data controller.

By submitting personal data during your subscription to our various offerings, you agree to the processing practices as described in this Policy. If you do not agree with how we process your data, you may not use our access offerings or access our website.

2. DATA COLLECTION

When you opt in to subscribe to our offerings, we collect certain personal data from you which is necessary to fulfill your request. The data we collect from you includes but are not limited to:

• Personal data such as name, email address, phone number, and other contact data;

• Tracking data such as your Internet Protocol Address (“ IP Address”), browser type, device information, and location information;

• History of previous transactions;

• Statistical information;

• Cookie data that we collect automatically;

• Data you provide when you contact us;

3. HOW WE USE COLLECTED DATA

We use the different types of data we collect for the following purposes;

• Your contact data such as name, email address and phone number are used to contact you regarding updates, news, promotions (“newsletters”) and to respond to your requests;

• Non-personal information such as IP Address, browser type, location, and device type are collected automatically in order to pin-point your location and to enforce our Terms and Conditions;

• Cookie information helps us to track some activities about you in order to make your experience on the website easy and to tailor adverts that match your preference;

• Statistical data helps us identify where to improve on the website and what features need to be developed;

4. DISCLOSURE OF DATA

We do not share your data with any third party for marketing activities neither do we sell your data for direct marketing; however, we may be obligated to disclose your information to:

a. Third-party service providers: Third party service providers are groups, entities, or individuals that perform one task or the other for us. Third party service providers are obligated to use your data for the task given to them only. They are not permitted to use your data for anything else.

b. Regulating Authorities: Where we have the legal obligation to share your data subject to suspected fraudulent activities, we may disclose your data to government agencies, regulating bodies, and law enforcement.

c. Business Transfers: Business transfers refers to activities of bankruptcy, merger, acquisition, or consolidation. We may be required to disclose or transfer your information to any company we merge with or consolidate with (whatever the case may be).

5. COOKIES AND OTHER TRACKING TECHNOLOGIES

Cookies are pieces of data that Aspyr Marketing, LLC sends to your browsing device in order to track and store some data about you. Cookies track and store activities such as your preference, where you navigate to mostly, what features you use most, and login information. Certain browsers automatically accept cookies while some ask upon opening this page. Nevertheless, you can deactivate cookies by going through your browser setting, but you will be restricted to some features. The types of Cookies we use include session cookies, essential cookies, and performance cookies. Session cookies help us to remember users when they come back to the website. Essential cookies aid smooth and easy navigation on the website and are also responsible for your ability to access all the website features. Performance cookies, on the other hand, enable Aspyr Marketing, LLC to monitor statistics and other activities such as what feature is accessed most by users.

We also use other tracking technologies such as Google Analytics to track your activities and tailor the best adverts which we believe matches your interest. If you do not want Google Analytics, you may install the Google Analytics opt-out browser add-on on your browser.

6. MARKETING

Aspyr Marketing, LLC may send you marketing emails such as promotions, offers, and interests to your submitted email (“Marketing Emails”). The content of Marketing Emails may include things which we feel may be of interest to you. You may opt-out of Marketing Emails by using the unsubscribe link/button in any of the Marketing Emails sent to you.

7. DATA SECURITY

We employ both physical and technical measures to keep your data out of the reach of unauthorized individuals. We store any data we collect from you and limit the number of people who may access it. However, you should be aware that no matter how secure the measures we take are, it may not be enough. We cannot guarantee you that your information will be totally safe from hackers, and, therefore, will not be liable for any privacy/data lost to theft. You are also implored to keep your login data confidential.

8. DATA RETENTION

The data we collect from you will be retained for as long as you are subscribed to our offerings. Partial data will be retained for seven (7) years after you terminate your subscriptions. This is to comply with regulatory requirements and enforce our Terms and Conditions.

9. USER RIGHTS UNDER GDPR

You have the following right regarding the processing of your data;

• Modify or update your data in your account area. You may update your personal data by going through your account setting or asking us to do it for you;

• The right to request for a printable copy of the data we hold about you;

• You may request the deletion of the personal data we hold about you. Send your deletion request to our email address at michael@aspyrmarketing.com;

• The right to stop us from further processing your data; and

• The right to report us to any regulating authority near you if you believe the processing of your data is wrong.

10. LEGAL BASIS FOR DATA PROCESSING

We process your data because of the following reasons;

• You have consented to the processing;

• Processing your data is needed to provide you the Services;

• We process in order to comply with regulatory requirements;

• Processing your data is for our legitimate interest;

• We also process your data in order to safeguard other users’ lives;

• Processing is in the public interest.

11. MINOR

Aspyr Marketing, LLC is made available to individuals who are at least 18 years of age. We do not knowingly permit individuals below the age of 18 (“Minors”) to use our Services. By using our Services, you warrant and represent that you are not a minor and can enter into this contract withAspyr Marketing, LLC. If we learned that you are a Minor, then you have violated our Terms and Conditions, and we may refuse or terminate your participation on our website without liability to you.

12. THIRD PARTY LINKS

Our website may contain links or adverts from third party partners. We do not control the content on these links; neither do we control their privacy practices. If you desire to access a third party link or advert on our website, you should read their respective privacy policies to know their data processing practices. Aspyr Marketing, LLC will not be liable to you for any privacy lost due to the third party link or advert you accessed through our website.

13. GOVERNING LAW

This Policy is governed and construed by international laws without regards to conflict of law and its provisions.

14. UPDATES

This Policy is subject to frequent modifications, updates, revisions, amendments, and changes (collectively “Updates”) as the case may be at our discretion (with or without notice to you). The Updates shall be carried out by posting the updated version of this Policy on this page and updating the date above.

15. PAYMENTS

We use Stripe for payment, analytics, and other business services. Stripe collects identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.