TERMS OF USE & PRIVACY POLICY

Last Updated: December 1, 2016

We are pleased to offer you access to the Ozobot EVO application (the “App”) and its associated features and services designed for use with your Ozobot EVO robot (collectively, the “Service”) made available to you by Evollve, Inc. (“Company”), conditioned on your acceptance without modification of the following Terms of Use.

The following Terms of Use for the Service is a legal contract between you, an individual user (collectively or individually “Users”), and Company regarding your use of the Service. Together, Users and Company are each referred to herein individually as a “Party” or collectively as the “Parties”. When using the Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms of Use.

BEFORE USING THE SERVICE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE” OR “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.

1. Eligibility. In order to use the Service, you must either be the age of majority in your jurisdiction, an emancipated minor, or possess legal parental or guardian consent, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. If you are younger than the age of majority in your jurisdiction or an emancipated minor, then (a) you represent that your legal guardian has reviewed and agreed to these Terms, and (b) you agree and acknowledge that you may not use certain features of the Service, including the interactive features, which are only available to adult users.
2. Privacy Notice. Your privacy is important to Company. Company’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to Company’s collection, use, and disclosure of your personal information.

3. Modification of the Terms. From time to time, Company may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the Service, except that (i) disputes between you and Company will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Service. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

4. Service Access and Use.

(a) Grant and Restrictions. Company grants you permission to use the Service as set forth in these Terms, provided that and for so long as (i) you use the Service solely for your personal use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Service in any medium without Company’s prior written authorization; (iii) you do not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms.

(b) Consent to Use of Data. You agree that Company may collect and use technical data and related information, including, but not limited to, technical information about your handset, 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 Service or App. Company may use and disclose this and other information you provide for a variety of purposes. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.

(c) Third Party Fees. You understand and acknowledge that third party fees may apply to your use of the App, including without limitation fees charged by your mobile service provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees. Please note that transmitting certain data to the Service or App may be data intensive, and you should confirm your data usage plan details with your network operator.

(d) Functionality and Features. You understand and acknowledge that the functionality and features available to you through the App and the look and feel of the App depend on a number of factors, including but not limited to you age (as further described in Section 1 above) and your Ozobot EVO robot configuration. Not all functionality and features of the App will be available to all Users.

(e) Location-Based Services. Some of the features of the Service enables Company to access your location in order to provide the Service based on your location (“Location-based Services”). In order to use certain Location-based Services, you must enable certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, which enable Company to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party may access such information for the purpose of providing such data services to Company. You will be given the option to automatically enable the provision of some Location-based Services through the App, and to enable or disable such Location-based Services at any time through the App’s Settings menu. If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the App’s Settings menu, you will not be able to utilize certain features of the App. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the App, (ii) Company may provide Location-based Services related to and based on your then-current location, and (iii) Company may use any such information collected in connection with the provision of Location-based Services in connection with its provision of the App. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND COMPANY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.

(f) NOTICE REGARDING APPLE. If you are using the App on an iOS-based device, you agree to and acknowledge that this Agreement is between you and Company only, not with Apple, Inc. (“Apple”), and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

5. Ownership; Proprietary Rights. The Service including without limitation any methods of operation, moral rights, documentation, software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements of the Service that are provided by Company (“Company Materials”) are owned and/or licensed by Company. Company Materials do not include Contributed Content (as defined below). Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Service or the Company Materials. Company reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Company Materials, except for the limited rights set forth in these Terms.

6. User Content.

(a) General. The Service may now or in the future permit you and other Users to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. User Content is not controlled by Company. Company makes no representations that your User Content will remain available via the Service in any way and may remove your User Content in its sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SERVICE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SERVICE, AND COMPANY DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT. NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.

(b) Grant of Rights. By submitting User Content to Company, you hereby grant Company and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Service and Company’s (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Company and its affiliates, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Service and these Terms. The above licenses granted by you in User Content you submit to the Service shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Service user account, or any User Content following any deactivation or deletion of your Service user account, you may specifically notify Company regarding the termination of the foregoing license from you to Company, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Company. You understand and agree, however, that even following such termination, Company may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.

(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Company and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Content, Company’s use of such User Content pursuant to these Terms, and Company’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation.

(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Service : (i) any falsehoods or misrepresentations that could damage Company or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner.

(e) No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.

7. Contributed Content Disclaimer. You understand that when using the Service you will be exposed to User Content, advertising and other third party content (together, the “Contributed Content”) from a variety of sources, and that you may be exposed to Contributed Content that is inaccurate, offensive, indecent, or otherwise objectionable. Company does not endorse any Contributed Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Company be liable in any way for or in connection with the Contributed Content, including, but not limited to, for any inaccuracies, errors or omissions in any Contributed Content, any intellectual property infringement with regard to any Contributed Content, or for any loss or damage of any kind incurred as a result of the use of any Non- Company Content posted, emailed or otherwise displayed or transmitted through the Service.

8. Non-Monitoring of Users and Contributed Content. You understand that you, and not Company, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available through the Service. Company does not control Contributed Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Contributed Content for any purpose. If at any time Company chooses, in its sole discretion, to monitor the Contributed Content, Company nonetheless assumes no responsibility for the Contributed Content, no obligation to modify or remove any inappropriate Contributed Content, and no responsibility for the conduct of the User or other person or entity submitting any such Contributed Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Contributed Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Content or other Contributed Content.

9. Removal of Contributed Content. Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Contributed Content that is available on the Service in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.

10. Prohibited Uses of the Service.

(a) As a condition of your use of the Service, you hereby represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.

(b) Any use by you of any of the Company Materials and Service other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Service, use of the Service, access to the Service, or Contributed Content obtained through the Service, for any purpose other than for your personal use.

(c) You agree not to use the Service if you do not meet the eligibility requirements described in Section 1 above.

(d) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Service, or collect, or attempt to collect, personal information about Users or third parties without their consent.

(e) You agree not to intentionally interfere with or damage, impair or disable the operation of the Service or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Service with the intended result of denying service to other Users.

(f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service.

(g) You agree not to attempt to gain unauthorized access to the Service or any part of it, other accounts, computer systems or networks connected to the Service or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted through the Service.

(h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form (other than contributing User Content as enabled by the Service’s functionality and in accordance with these Terms), nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

(i) You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.

(j) You agree not to utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without Company’s express written consent.

(k) You agree not to use any Company logos, graphics, or trademarks as part of the link without our express written consent.

(l) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(m) You agree not to modify, adapt, translate, or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(n) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

(o) You agree to monitor your user account to restrict use by minors. You accept full responsibility for any unauthorized use of the Service by minors in connection with your user account. You are responsible for any use of your credit card or other payment instrument (e.g. Paypal) by minors.

(p) You agree not to have more than one user account, at any given time, and shall not create an user account using a false identity or information, or on behalf of someone other than yourself.

(q) You agree not to have a user account or use the Service if you have previously been removed by Company or previously been banned from using the Service.

(r) You agree not to collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

(s) You agree not to upload or transmit or attempt to upload or transmit, without Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

(t) You agree not to engage in any act that Company deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our Service rules, Service mechanics or policies.

(u) You agree not to make improper use of Company’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel.

(v) You agree not to use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service.

11. Account Information. In order to access the Service, you will have to create an account. You acknowledge, consent, and agree that Company may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms; (c) respond to any claim that User Content violates the rights of third parties; (iii) provide certain customized features of the Service to you, if any; (iv) respond if you contact Company for any reason; or (v) protect the rights, property, or personal safety of Company, its other Users, and the public. We may also provide functionality designed to permit you to register with the Service through your account(s) with certain third party services, such as email providers, social networks (including, but not limited to, Facebook), and other online application platforms to which you may be a user (collectively, “Third Party Service(s)”). When you register through your Third Party Service account, you will be asked to login to the Service using your Third Party Service account credentials. By creating a member account via your account with a Third Party Service, you are allowing Company to access your Third Party Service account information and you are agreeing to abide by the applicable terms and conditions of your Third Party Service. If you are not currently registered as a member and you click to login with an Third Party Service, you will first be asked to enter your Third Party Service credentials and then be given the option to register and join Company. You may be able to automatically post historical activity back to the applicable Third Party Service, and you may also have the option to disable the connection between your account and Third Party Service account at any time by accessing the Third Party Service account and disconnecting access to the Service.

12. Password. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Company. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, COMPANY OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

13. Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Service are solely between you and such advertiser or User. Company reserves the right, but has no obligation, to become involved in any way with any disputes you may have with such parties. YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE SERVICE.

14. Links and Third Party Websites; Integrated Services. Company, Users and other third parties may provide links on the Service to other sites, including the content therein (“Reference Sites”). Company has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Service. Company provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Service. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites. Company may also provide functionality through the Service that enables export of information, including any User Content to third party social media services, such as Facebook, Twitter, LinkedIn and Google+ (“Integrated Services”), including through our implementation of third party buttons (such as “like” or “share” buttons). You agree that we may transfer User Content to the applicable third-party Integrated Services. Such third party services are not under our control, and we are not responsible for their use of your exported User Content. Please review the Privacy Policy for more information on the Integrated Services.

15. Service Availability. Company may make changes to or discontinue any of the media, web communities, products, or services available within the Service at any time, and without notice. The media, products, or services on the Service may be out of date, and Company makes no commitment to update these materials on the Service.

16. Feedback. You agree that any feedback, analysis, suggestions and comments to Company provided by you (collectively, “Feedback”) will become the property of Company. AS FURTHER CONSIDERATION FOR YOUR ACCESS TO THE SERVICE, USER HEREBY ASSIGNS TO COMPANY ALL RIGHT, TITLE AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE FEEDBACK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER AGREES THAT COMPANY SHALL HAVE THE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing assignment and to grant to Company the rights granted under this Section 16 and that any Feedback which is provided by User to Company does not infringe any third-party intellectual property rights. Notwithstanding the foregoing assignment, Company grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

17. User Disagreements. You are solely responsible for your involvement with other Users of the Service. Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. COMPANY DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.

18. Terms of Use Violations; Termination. You agree that Company, in its sole discretion, may terminate any account you may have through the Service or your use of the Service, and remove and discard all or any part of your account or any User Content. You agree that your access to the Service or any account you may have or portion thereof may be terminated without prior notice, and you agree that Company shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies Company may have at law or in equity.

19. INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SERVICE; (II) YOUR USER CONTENT, INCLUDING COMPANY’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY COMPANY. COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

20. DISCLAIMERS; NO WARRANTIES.

(a) ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 20, AND SECTIONS 21 AND 22 BELOW, THE TERM COMPANY INCLUDES COMPANY’S PARENT, SUBSIDIARY, AFFILIATED AND OTHER RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP) AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.

(B) NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(C) “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, USER CONTENT, CONTRIBUTED CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

(D) SERVICE OPERATION AND CONTRIBUTED CONTENT. COMPANY DOES NOT WARRANT THAT THE COMPANY MATERIALS, USER CONTENT, CONTRIBUTED CONTENT, SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

(E) ACCURACY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

(F) HARM TO YOUR COMPUTER OR MOBILE DEVICE. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.

21. LIMITATION OF LIABILITY AND DAMAGES.

(A) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE COMPANY MATERIALS AND USER CONTENT ON THE SERVICE OR ANY REFERENCE SITES, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) LIMITATION OF DAMAGES. IN NO EVENT SHALL COMPANY OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS” TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100) OR ONE-HALF OF THE ANNUAL FEES PAID BY YOU (IF APPLICABLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.

(C) THIRD PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE SERVICE TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.

22. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.

(A) LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

(B) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

23. Digital Millennium Copyright Act Compliance.

(a) Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any User Content or other Contributed Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail).

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Service and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Service;

(iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company’s designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Agent: Bill McNiff, Evollve, Inc.; address: 129 W. Torrance Blvd, Redondo Bech, CA 90277

email: legal@ozobot.com, telephone: (310) 318-0070

FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFIRNGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.

(b)Notice And Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.

We may, at our discretion, deny access to the Service by, or disable and/or terminate the accounts of, Users who may be infringers.

(c) Copyright Counter-Notices. If content you posted on the Service was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:

a. To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below.

b. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.

(d) Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):

1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that Company has removed or to which Company has disabled access. 2. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your Company account. 3. Provide a statement that you consent to the jurisdiction of the Southern District of New York and the Federal District Court for the judicial district in which your address is located (if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above, or an agent of such person. 4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” 5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

Copyright Agent: Bill McNiff, Evollve, Inc.; address: 129 W. Torrance Blvd, Redondo Bech, CA 90277

email: legal@ozobot.com, telephone: (310) 318-0070

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Service. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

(e) Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Service is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”

(f) Disclaimer: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

24. Miscellaneous.

(a) Notice. Company may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Service. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Company is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Company with notices only by mail to the address indicated in subsection (l) below.

(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed only in the state or federal courts in and for the Los Angeles County and State of California and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.

(d) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

(e) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(f) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

(g) No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content or other Contributed Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to these Terms.

(h) Survival. Sections 5, 6, 7, 9, 11 (other than your duty to update account information), 13, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 will survive any termination of these Terms or your account, whether by you or by Company.

(i) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

(j) Entire Agreement. This is the entire agreement between you and Company relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with Company. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Company as set forth in Section 3 above.

(k) CLAIMS. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(l) Disclosures. The services hereunder are offered by Evolve, Inc., located at Copyright Agent: 129 W. Torrance Blvd, Redondo Bech, CA 90277.

PRIVACY POLICY

Welcome to our Privacy Policy. We provide the Ozobot Evo smart robot and the associated apps and websites that you can use to guide your Evo.

The Privacy Policy explains how we may collect, use, disclose, and secure information we obtain through the “Service.” The terms “Evollve,” “we,” and “us” include Evollve, Inc. and our affiliates and subsidiaries. This Privacy Policy is incorporated by reference into our Terms of Use. Any capitalized terms used and not defined in this Privacy Policy shall have the meaning given to them in the Terms of Use.

We provide the Service to everyone, adults and children. If you would like to learn about how we handle information collected from children under the age of 13, please see the corresponding section below.

1. 1. Personal Information

“Personal Information” can be used to readily identify, contact, or locate you.

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: an individual’s name, address, email address, or phone number. Except where required by law, we do not consider Personal Information to include information an individual makes public through the Service, information about a device, or information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

1. 2. The Service Collects Your Information

We collect information when you:

• register to use the Service;
• log in with social media credentials;
• use the Service; and
• communicate with us.

We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service.

Registration and Account Information. You must register to use the Service. To register, you may need to provide Personal Information, such as your email address, date of birth, username, and password. You may also provide other optional information to fill out your profile.

Social Connect. When you choose to log-in and connect your social media account to your Service profile, we collect Personal Information from that social media website. For example, when you log-in with your Facebook account, we may collect the Personal Information you have made publicly available in Facebook, such as your name, user ID, profile picture, cover photo, username, gender, networks, age range, language, country, and any other information you have made public. We may also obtain other non-public information, such as your email address, from social media websites with your permission. We collect information from such social media websites in an ongoing manner so we can update your profile.

Using the Service. We collect information you provide through the Service. For example, when you interact with other users by sending friend requests and sending messages to them, the Service will collect the information you provide in such submissions, including any Personal Information. We will also match Evo robot identifiers to user accounts so that users can interact with the Evo robots. We receive information about your activities on our Service, such as your progress towards certain achievements, including the distance an Evo robot travelled, the number of lights activated, and other Service usage information.

Making Payments. When you make payments through the Service, you may need to provide financial account information, such as your credit card number, to our third-party service providers. We do not collect or store such information, though we may receive information about completed transactions that does not include credit card or bank account numbers.

Referrals. A user may submit Personal Information, such as an email address, about others to us so that the user can recommend the Service or content available on the Service to them. We use the information to send a communication to the individual and then delete the information. The recipient of an invitation to use the Service may see your name and email address as the referrer.

Communicate with Us. We may collect Personal Information through your communications with our customer-support team or through other communications with us, including through social media.

Location Information from Your Mobile Device. We may collect and store your location information if your device settings are enabled to send it to us. Collection of this information may improve the provision of the Service.

Information and Content from Your Device. The Service automatically collects information about your device, such as a device ID and browser type, so that we can provide and customize functionality, such as push notifications. With your permission, the Service may access and collect information from your device’s contact list and photo storage.

Automatic Data Collection: Cookies and Related Technologies. When you visit our Service or open our emails, we and our third-party partners, such as advertising networks, social media widgets, and analytics providers, may collect certain information by automated means, such as cookies, web beacons and web server logs. By using the Service, you consent to the placement of cookies, beacons, and other similar technology in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, operating system version, language preferences, referring URLs, and information about the usage of our Service. We may use this information, for example, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We may link this data to your profile. Our partners also may collect information about your online activities over time, on other devices, and on other websites or apps, if those websites and apps also use the same partners. When they provide such services, they are governed by their own privacy policies. We currently use Google Analytics to collect and process certain website usage data. To learn more about Google Analytics and how to opt out, please visit www.google.com/policies/privacy/partners/. You may be able to change browser settings to block and delete cookies when you access the Service through a web browser. However, if you do that, the Service may not work properly. The Service does not respond to browser do-not-track signals.

By using the Service, you are authorizing us to gather, process, analyze, and retain data related to the provision of the Service. We may retain such information, including Personal Information, indefinitely.

1. 3. How Evollve Uses Your Information

We use information to:

• facilitate and improve our services; and
• communicate with you, including for marketing purposes.

We may use anonymized information for any purpose, including for marketing purposes.

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes. We may use and retain any data we collect to provide and improve any of our services.

Communications. We may send emails to the email address you provide to us and push notifications to your mobile device if you have downloaded our app and enabled notifications, to verify your account and for informational and operational purposes, such as account management, customer service, system maintenance, alerts, and other Service-related purposes.

Marketing. We may use information, including Personal Information, to provide online advertising on the Service and to send you information we think may be useful or relevant to you. You may opt out of email marketing by using the unsubscribe link in a marketing email.

Aggregate Data. We may anonymize or aggregate data collected through the Service and use and disclose it for any purpose.

1. 4. WHY EVOLLVE May Disclose Your Information

We may share information:

• with our third-party vendors and service providers;
• with other users;
• to support our advertising and marketing efforts;
• to comply with legal obligations;
• to protect and defend our rights and property; and
• with your permission.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers we use to help us provide and improve the Service. For example, we may provide Personal Information to service providers that provide web and database hosting services.

Sharing With Other Users. You may share information with other users, including by sending messages and sharing recorded Evo robot activities. We are not responsible for how other users will view and use the posted information.

Social Networking Websites. The Service may allow you to share information, including Personal Information, with social networking websites, such as Facebook. Their use of the information will be governed by their privacy policies, and we are not responsible for how they treat the information.

Marketing. We do not rent, sell, or share personal information about you that we collect on the Service with other people or unaffiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to data collected by the Service to enable the delivery of online advertising to you and others on the Service and on other websites and online services, or to send you information we think may be useful or relevant to you.

Legal and Similar Disclosures. We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; comply with the law; or protect your, our, or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of Evollve assets, or transition of service to another provider, your information may be disclosed in connection with the negotiation of such transaction, and/or sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

With Your Permission. We may also disclose your Personal Information with your permission.

1. 5. Notice to Parents of Children under 13 Years of Age

This notice provides information for parents of children under 13 years of age about our practices with respect to personal information that we collect from such children who register for and use our Service and indicate they are under the age of 13.

We do not knowingly collect, use, or disclose personal information from children under 13 years of age, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”) and the Federal Trade Commission’s rules implementing COPPA. In this section of the Privacy Policy, we use the term “personal information” as such term is defined in COPPA.

Summary of privacy practices related to information collected from users whose birth dates indicate they are children under 13:

• The only personal information we collect from children under 13 is a parent’s email address solely for password reminder and reset purposes.
• The information we collect from child users is primarily used and disclosed to provide, customize, and improve the Service.
• We will not display advertising or send marketing messages to users under 13.
• We may share information collected from children under 13 with our service providers, but we do not typically share such information with others as part of providing the Service.
• Parents and guardians can request that we stop collecting and delete any personal information we collected from their children, but we will no longer be able to provide such children with access to the Service.

1. A. Operator of this Web Service or Online Service / Contact Information

The operator collecting or maintaining personal information from children through this website or online service is Evollve, Inc. (“Evollve,” “we,” or “us”). Our address is Evollve, Inc., 129 W. Torrance Blvd., Redondo Beach, CA 90277. Our contact email address is privacy@ozobot.com.

We also work with third parties who may collect personal information through the Service. A list of third parties along with their contact information is provided farther below.

1. B. Information Collected by Us from Children

We collect the following information from children under 13 years of age as part of creating an account to use the Service:

1. 1. • Parent’s email address
      • Child’s date of birth
      • An account password
      • An account user name that is a combination of words the child selects from pre-determined word lists
      • An avatar picture the child selects from a pre-determined set of options

A user under 13 will not be able to type in a username or upload a photograph to use as a profile picture.

We also may collect the following additional information from children under 13 in the context of using our Service:

1. 1. • Optional profile information, such as [x].
      • The messages that users under 13 select from a pre-determined list of messages to send to other users. For example, a child may select the message “Hello!” to send to another user. A user under 13 will not be able to type a message to send to other users.
      • We will also match Evo robot identifiers to user accounts so that users can interact with the Evo robots.
      • Information about the child’s activities on our Service, such as the child’s progress towards certain achievements, including the distance an Evo robot travelled, the number of lights activated, and other Service usage information.
      • Tracking

1. C. Information Uses

We use the information we collect from children under 13 years of age for the following purposes:

1. 1. • Provide the Service to child users, including to control the Evo robot and to send messages to other users;
      • Enhance, improve, operate, and maintain the Service;
      • Prevent fraudulent use of the Service and other systems;
      • Prevent or take action against activities that are, or may be, in violation of our Terms or applicable law;
      • Customize content and other aspects of children’s experience on and in connection with the Service, such as to change the appearance of the mobile app interface depending on the accessories connected to the Evo robot; and
      • Provide informational messages about the Service (including, for example, notification of new challenges or achievement of certain objectives, or information about service changes, outages, or maintenance). Such messages are provided on the Service, and we do not email or otherwise send the information to the child.

We may use and disclose anonymized information for performing analysis and reporting, and enhancing, improving, operating, and maintaining our Service, services, websites, and other systems.

1. D. Information Disclosures

We disclose the information we collect from children under 13 years of age in the following circumstances:

1. 1. • The Service does not permit children under 13 years of age to make personal information publicly available outside of the Service. Users may share some information with other users, including by sending pre-determined messages and sharing recorded Evo robot activities. We are not responsible for how other users will view and use the posted information.
      • We may disclose personal information to third-party service providers (e.g., data storage and processing facilities) that assist us in our work. We list such entities at the bottom of this Privacy Policy.
      • Personal information of children under 13 years of age may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which personal information is disclosed in connection with the negotiation of such transaction, and/or transferred to one or more third parties as one of our business assets.
      • We may disclose personal information of children under 13 to third parties if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Service and other users of the Service.

1. E. Retention of Information

Except as otherwise stated in this Privacy Policy, we retain personal information as long as reasonably necessary to provide the Service and to comply with our legal obligations and regulatory requirements, resolve disputes among users, prevent fraud and abuse, ensure the integrity of the content and communications on the Service, enforce this Privacy Policy and our Terms and Conditions.

1. F. Parents’ Rights under COPPA

Parents and guardians may request that we provide a description of the types of personal information collected from their child, direct us to delete the personal information that we have collected from their child, and refuse to permit our further collection or use of the personal information collected from their child. To do so, parents may contact us at privacy@ozobot.com or at the following address: Evollve, Inc., 129 W. Torrance Blvd., Redondo Beach, CA 90277. Please also be aware that if you refuse to permit our further use or collection of information from your child, or have directed us to delete a child’s personal information, we may not be able to provide the Service to that child, and may close his/her account. Additionally, we may ask you to verify your identity and the child’s age at the time of the request before permitting access to review a child’s personal information or before fulfilling another request as described in this section.

1. 6. INFORMATION Security

We take steps in an effort to treat your information securely.

We take steps in an effort to treat your information securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you.

1. 7. INTERNATIONAL Users

By using the Service, you will transfer data to the United States.

If you are using the Service, you agree to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

1. 8. UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

If you would like to request that we update or correct any information that you have provided to us through your use of the Service or otherwise, or if you have suggestions for improving this Privacy Policy, please send an email to privacy@ozobot.com.

1. 9. CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contact Information

Evollve, Inc.

129 W. Torrance Blvd., Redondo Beach, CA 90277

privacy@ozobot.com