Cachet App Inc. Terms of Service

Effective: November 5, 2017

Welcome!

We’re thrilled you’ve decided to use Cachét and our other products and services, all of which we refer to simply as the “Services.”

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Cachet App inc. So please read them carefully.

By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND CACHET APP INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CACHET APP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Who Can Use the Services

No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:

• You can form a binding contract with Cachet App inc.

• You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.

• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2. Rights We Grant You

Cachet App Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

3. Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

For all Services other than any other crowd-sourced Service, you grant Cachet App Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

Because any crowd-sourced Services are inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content submitted to Live, Local, or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Live, Local, or other crowd-sourced content, you also grant Cachet App Inc., our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from Cachet App Inc., our affiliates, or our business partners if your name, likeness, or voice is conveyed through Live, Local, or other crowd-sourced Services, either on the Cachét application or on one of our business partner’s platforms.

For information about how to tailor who can watch your content, please take a look at our Privacy Policy.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for Cachet App Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

4. The Content of Others

Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Cachet App Inc. reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Through these Terms we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.

5. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Cachet App Inc. can collect, use, and share your information consistent with that policy.

6. Respecting Other People’s Rights

Cachet App Inc. respects the rights of others. And so should you. You therefore may not use the Services in a manner that:

• violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.

• bullies, harasses, or intimidates.

• defames.

• spams or solicits our users.

You must also respect Cachet App Inc.’s rights. These Terms do not grant you any right to:

• use branding, logos, designs, photographs, videos, or any other materials used in our Services.

• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.

• use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

7. Respecting Copyright

Cachet App Inc. honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Cachet App Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with us:

Cachet App Inc.

Attn: Copyright Agent

767 Blair BLVD

Eugene, OR 97402

email: copyright@cachetapp.com

If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

• contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.

• identify the copyrighted work claimed to have been infringed.

• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.

• provide your contact information, including your address, telephone number, and an email address.

• provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

8. Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

• You will not use the Services for any purpose that is illegal or prohibited in these Terms.

• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.

• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.

• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.

• You will not use or attempt to use another user’s account, username, or password without their permission.

• You will not solicit login credentials from another user.

• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.

• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.

• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.

• You will not probe, scan, or test the vulnerability of our Services or any system or network.

• You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Stamp and drive. And never put yourself or others in harm’s way just to create a Stamp.

9. Your Account

You are responsible for any activity that occurs in your Cachét account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

• You will not create more than one account for yourself.

• You will not create another account if we have already disabled your account, unless you have our written permission to do so.

• You will not buy, sell, rent, or lease access to your Cachét account, Live, Stamps, a Cachét username, or a friend link without our written permission.

• You will not share your password.

• You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to Cachét Support.

10. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Cachét account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

11. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Cachet App Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

12. Modifying the Services and Termination

We’re constantly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a lifelong Cachee, you can terminate these Terms at any time and for any reason by deleting your account.

Cachet App Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and Cachet App Inc. continue to be bound by Sections 3, 6, 9, 10, and 12-21 of the Terms.

13. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Cachet App Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

14. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE CACHET APP INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

CACHET APP INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH CACHET APP INC. WILL BE RESPONSIBLE FOR.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CACHET APP INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF CACHET APP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CACHET APP INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID CACHET APP INC., IF ANY, IN THE LAST 12 MONTHS.

16. Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND CACHET APP INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

a Applicability of Arbitration Agreement. You and Cachet App Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Cachet App Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.

b Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

d Fees. If you choose to arbitrate with Cachet App Inc., you will not have to pay any fees to do so. That is because Cachet App Inc. will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Cachet App inc. will pay that forum’s fees as well.

e Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Cachet App Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Cachet App Inc.

f Waiver of Jury Trial. YOU AND CACHET APP INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Cachet App Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Cachet App Inc. over whether to vacate or enforce an arbitration award, YOU AND CACHET APP INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

g Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17.

h Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

i Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Cachet App Inc. can force the other to arbitrate. To opt out, you must notify Cachet App Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Cachét username and the email address you used to set up your Cachét account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Cachet App Inc., ATTN: Arbitration Opt-out, 767 Blair BLVD Eugene, OR 97402, or email the opt-out notice to support@cachetapp.com.

j Small Claims Court. Notwithstanding the foregoing, either you or Cachet App Inc. may bring an individual action in small claims court.

k Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Cachet App Inc.

17. Exclusive Venue

To the extent that these Terms allow you or Cachet App Inc. to initiate litigation in a court, both you and Cachet App Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the District of Delaware. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of Delware. You and Cachet App Inc. consent to the personal jurisdiction of both courts.

18. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of Delaware, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

19. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

20. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.

21. Final Terms

• These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Cachet App Inc., and supersede any prior agreements.

• These Terms do not create or confer any third-party beneficiary rights.

• If we do not enforce a provision in these Terms, it will not be considered a waiver.

• We reserve all rights not expressly granted to you.

• You may not transfer any of your rights or obligations under these Terms without our consent.

Contact Us

Cachet App Inc. welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing support@cachetapp.com.

Cachet App Inc. is located in the United States at 767 Blair BLVD, Eugene, OR 97402.

 

Information We Collect

There are three basic categories of information we collect:

• Information you choose to give us.

• Information we get when you use our services.

• Information we get from third parties.

Information You Choose to Give Us

When you interact with our services, we collect the information that you choose to share with us. Our services require you to set up a basic Cachét account, and we need to collect a few important details about you, such as: a unique username you’d like to go by, a password, an email address, a phone number, and your date of birth. To make it easier for others to find you, we may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures, a name, or other useful identifying information. Other services, such as commerce products, may also require you to provide us with a debit or credit card number and its associated account information.

You’ll also provide us whatever information you send through the services, such as Stamps left for your friends. Keep in mind that the users you leave Stamps for can always save that content or copy it outside the app. So, the same common sense that applies to the internet at large applies to Cachét as well: Don’t send messages or share content that you wouldn’t want someone to save or share.

It probably goes without saying, but we’ll say it anyway: When you contact Cachét Support or communicate with us in any other way, we’ll collect whatever information you volunteer.

Information We Get When You Use Our Services

When you use our services, we collect information about which of those services you’ve used and how you’ve used them. This includes seeing where you left a few Stamps for friends. Here’s a fuller explanation of the types of information we collect when you use our services :

• Usage Information. We collect information about your activity through our services. For example, we may collect information about:

◦ how you interact with the services, such as which stickers you view or apply to Stamps, or which search queries you submit.

◦ how you communicate with other Cachees, such as their names, the time and date of your communications, the number of stamps you leave for your friends, which friends you leave stamps for the most, and your interactions with stamps (such as when you view AR or capture a screenshot).

• Content Information. We collect information about the content you provide, such as if the recipient has viewed the content and the metadata that is provided with the content.

• Device Information. We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number).

• Device Phonebook. Because Cachét is all about connecting with friends, we may—with your consent—collect information from your device’s phonebook.

• Camera and Photos. Many of our services require us to collect images and other information from your device’s camera and photos. For example, you won’t be able to leave Stamps or upload photos from your camera roll unless we can access your camera or photos.

• Location Information. When you use our services we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses.

• Information Collected by Cookies and Other Technologies. Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services. To learn more about how third parties use these technologies on our services, be sure to read the Analytics and Advertising Services Provided by Others section of our Privacy Policy.

• Log Information. We also collect log information when you use our website. That information includes, among other things:

◦ details about how you’ve used our services.

◦ device information, such as your web browser type and language.

◦ access times.

◦ pages viewed.

◦ IP address.

◦ identifiers associated with cookies or other technologies that may uniquely identify your device or browser.

◦ pages you visited before or after navigating to our website.

Information We Collect from Third Parties

We may collect information that other users provide about you when they use our services. For example, if another user allows us to collect information from their device phonebook—and you’re one of that user’s contacts—we may combine the information we collect from that user’s phonebook with other information we have collected about you. We may also obtain information from other companies that are owned or operated by us, or any other third-party sources, and combine that with the information we collect through our services.

How We Use Information

What do we do with the information we collect? The short answer is: Provide you with an amazing set of products and services that we relentlessly improve. Here are some of the ways we do that:

• develop, operate, improve, deliver, maintain, and protect our products and services.

• send you communications, including by email. For example, we may use email to respond to support inquiries or to share information about our products, services, and promotional offers that we think may interest you.

• monitor and analyze trends and usage.

• personalize the services by, among other things, suggesting friends or profile information, or customizing the content we show you, including ads.

• contextualize your experience by, among other things, tagging your Memories content using your precise location data (if, of course, you’ve consented to us collecting that data) and applying other labels based on the content.

• improve ad targeting and measurement, including through the use of your precise location data (again, if you’ve consented to us collecting that data). See the Control Over Your Information section below for more information about Cachét App Inc.’s advertising practices and your choices.

• enhance the safety and security of our products and services.

• verify your identity and prevent fraud or other unauthorized or illegal activity.

• use information we’ve collected from cookies and other technology to enhance the services and your experience with them.

• enforce our Terms of Service and other usage policies.

We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster.

How We Share Information

We may share information about you in the following ways:

• With other Cachees. We may share the following information with other Cachees:

◦ information about you, such as your username, name, and profile picture.

◦ information about how you have interacted with the services, such the names of Cachees you are friends with, and other information that will help Cachees understand your connections with others using the services. For example, because it may not be clear whether a new friend request comes from someone you actually know, we may share whether you and the requestor have Cachét friends in common.

◦ any additional information you have consented for us to share. For example, when you let us access your device phonebook, we may share information about you with other users who have your phone number in their device phonebook.

◦ content you post or leave will be shared with other Cachees; how widely your content is shared depends on your personal settings and the type of service you are using. For example, a Stamp may be left for just a single friend you select, or all of your friends.

• With all Cachétters, our business partners, and the general public. We may share the following information with all Cachees as well as with our business partners and the general public:

◦ public information like your name, username, and profile pictures.

• With our affiliates. We may share information with entities within the Cachét App Inc. family of companies.

• With third parties. We may share your information with the following third parties:

◦ With service providers, sellers, and partners. We may share information about you with service providers who perform services on our behalf, sellers that provide goods through our services, and business partners that provide services and functionality.

◦ With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:

▪ comply with any valid legal process, governmental request, or applicable law, rule, or regulation.

▪ investigate, remedy, or enforce potential Terms of Service violations.

▪ protect the rights, property, and safety of us, our users, or others.

▪ detect and resolve any fraud or security concerns.

◦ With third parties as part of a merger or acquisition. If Cachét App Inc. gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.

We may also share with third parties—such as advertisers—aggregated, non-personally identifiable, or de-identified information.

Third-Party Content and Integrations

The services may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded service. Through these links, third-party integrations, and co-branded or third-party-branded services, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our services.

Analytics and Advertising Services Provided by Others

We may let other companies use cookies, web beacons, and similar tracking technologies on our services. These companies may collect information about how you use our services and other websites and online services over time and across different services. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.

Additionally, some companies may use information collected on our services to deliver targeted advertisements on behalf of us or other companies, including on third-party websites and apps.

How Long We Keep Your Content

Cachét lets you capture what it’s like to live in the moment. On our end, that means that we automatically delete the content of your Stamps (the photo and video messages that you send your friends) from our servers after we detect that a Stamp has been opened by all recipients or has expired. But remember: There are various ways Cachétters can save your content and also upload it to Cachét (like as an attachment in Chat). We go into more detail below about how users can save Cachét content.

Outside of Stamps, the rest of our services may use content for longer periods of time, which means those services may follow different deletion protocols. So, for example, we retain your Story content a bit longer than Stamps. Or, if you submit content to one of our inherently public features, such as Our Story or any other crowd-sourced service, we may retain the content as long as necessary to offer and improve the services. If you have any questions about how a feature works you can just pop on over to our Support Site.

Finally—and this is important—you should understand that users who see the content you provide can always save it using any number of techniques: screenshots, in-app functionality, or any other image-capture technology. It’s also possible, as with any digital information, that someone might be able to access messages forensically or find them in a device’s temporary storage. Keep in mind that, while our systems are designed to carry out our deletion practices automatically, we cannot promise that deletion will occur within a specific timeframe. And we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if we receive reports of abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law.

Control over Your Information

We want you to be in control of your information, so we provide you with the following tools.

• Access and Updates. We strive to let you access and update most of the personal information that we have about you. There are limits though to the requests we’ll accommodate. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. You can access and update most of your basic account information right in the app by visiting the app’s Settings page.

• Revoking Permissions. If you change your mind about our ongoing ability to collect information from certain sources that you have already consented to, such as your phonebook or location services, you can simply revoke your consent by changing the settings on your device if your device offers those options. Of course, if you do that, certain services may lose full functionality.

• Communicating with other Cachees. It’s also important to us that you stay in control over whom you communicate with. That’s why we’ve built a number of tools in Settings that let you indicate, among other things, who you want to see your Stamps, and whether you’d like to block another Cachee from contacting you again. For questions about how to control your privacy settings, check out our Support Site.

Users Outside the United States

Although we welcome Cachees from all over the world, keep in mind that no matter where you live or where you happen to use our services, your information may be shared within the Cachét App Inc. family of companies. This means that we may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live.

Children

Our services are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13.

Revisions to the Privacy Policy

We may change this Privacy Policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Privacy Policy that’s available on our website and mobile application. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages or providing you with an in-app notification).