SOFY ACCEPTABLE USE POLICY
Effective Date: November 6, 2015
A. Unacceptable Use

SOFY requires that all users of its website (the “Site”) and all customers of its Android Application Testing Service (the “Testing Service”) and its Android Application Monitoring Service (the “Monitoring Service”) (individually a “Service” and collectively the “Services”) conduct themselves with respect for the dignity and integrity of others. SOFY reserves the right to refuse access to the Site and to refuse to render the Services upon any Application File of any individual, company, or organization at any time.

By creating an account on the Site and accepting the Site Terms of Use, you agree that you will observe and comply in full with the following Rules in your usage of the Site and the Services:

Gambling Activities: Do not facilitate or enable in any way whatsoever any gambling or wagering activities.
Adult Content: Do not facilitate or enable in any way whatsoever the production, distribution, or dissemination of pornography or other obscene or offensive adult content. Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.
Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
Violations of Law: Do not violate any law.
By accepting the Android Application Testing Service Terms of Service and submitting an Application File to the Testing Service, you agree that the submitted Application File is not intended for usage that will facilitate or enable the violation of the above Rules. By accepting the Android Application Monitoring Service Terms of Service and by downloading and launching the Android Application Monitoring Service Software Development Kit (the “SDK”), you agree that the Application File upon which you launch the SDK is not intended for usage that will facilitate or enable the violation of the above Rules.

By accepting the Monitoring Service Terms of Service and by downloading and launching the SDK, you additionally agree that your usage of the SDK (including any all configurations thereof as they may be offered by SOFY from time to time in its sole discretion and as available) will not record or monitor any usage and will not record or otherwise collect any end-user data and/or personally identifiable information for which you have not obtained all end-user consents required by applicable law including, without limitation, any user passwords, credit card details, social security numbers, or other similarly sensitive personal information. You further agree that, where you have obtained all end-user consents required by applicable law, you use such data or information only for the limited purposes for which the user has given you permission to do so.

B. Consequences of Violation:

Violation of this Acceptable Use Policy may lead to suspension or termination of the user’s Site and Services usage privileges, suspension or termination of any then-pending Service, and/or legal action. In addition, the user may be required to pay the costs of investigation and remedial action related to Acceptable Use Policy violations. SOFY reserves the right to delete any and all data recorded in the rendering of the Services at any time in its sole discretion and to take any other remedial action it sees fit.

C. Reporting Unacceptable Use

SOFY requests that anyone with information regarding a violation of this Acceptable Use Policy report such information via e-mail to info@sofy.ai. Please provide the date and time of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.

D. Revision of the Acceptable Use Policy:

SOFY may change this Acceptable Use Policy at any time by publishing a new version on this page or on a successor page. The new version will become effective on the date of publishing which will be listed at the top of the page as the new Effective Date.

SOFY TESTING SERVICE TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED,” EACH CUSTOMER AGREES TO THESE TERMS OF SERVICE.

These Terms of Service constitute an agreement (this “Agreement”) by and between SOFY, a corporation organized and existing under the laws of the State of Washington, and each customer of the SOFY Android Application Testing Service in each instance of a customer’s electronic submission of an Android Package Application File to the SOFY Android Application Testing Service (the “Service”).

Definitions. Application File” refers to the Package File to be submitted to SOFY for the rendering of the Service.
Service & Payment.
(a)	Service. After you successfully upload the Application File to SOFY, the Service would be offered as then in effect and in accordance with all then-current terms and conditions.The Service would be executed on a particular device and on a particular Operating System version, and any results may not be useful in evaluating the performance of the Application File on any other device or operating system. Under the Service, (1) the rendering of the test upon the Application File should take no more than 25 milliseconds (whether local or on a web service call), and (2) the Application File should experience no “crashes” during the rendering of the test. SOFY analytics reports (the “Reports”) generated by the Service would then be offered for on-line access via your user account.

(b)	Data Ownership.	You understand and agree that data relating to the Application File will be collected by SOFY during the rendering of the Service. You warrant and agree that any and all such data is and becomes the property of SOFY. SOFY shall own and retain all right, title and interest in and to the Reports and all other results, data and/or information provided to you through the Service, subject to the terms of its Privacy Policy located [here]. You may use the Reports only in connection with your use of the Service pursuant to this Agreement and not for any other purpose. You hereby waive and relinquish any claim or right of recovery that you may have in and to any and all such data.

Online Policies.
(a) Acceptable Use Policy.The SOFY Acceptable Use Policy, available [here] is hereby incorporated in its entirety into this Agreement. In the event of your material breach of the Acceptable Use Policy, SOFY may suspend or terminate its rendering of the Service in addition to such other remedies as SOFY may have at law.

(b)	Privacy Policy.	The SOFY Privacy Policy, available [here],is hereby incorporated in its entirety into this Agreement.The SOFY Privacy Policy describes the policies and procedures of SOFY as to the collection and handling of user data and information.

Warranties.
(a)	Right to Do Business. Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement.

(b)	No “In-Application” Purchases. You warrant that your product will not cause any “in-application” (or “in-app”) purchases to be executed during the rendering of the Service. If any “in-application” purchases are executed during the rendering of the Service you will reimburse the full amount of such purchases to SOFY.

(c)	Application File End-User Consents. As a condition of your usage of the Service, you warrant and agree that (i) the Application File will not cause any data and/or personally identifiable information of any end-users to be transmitted to SOFY in the rendering of the Service OR, if the Application File will cause any data and/or personally identifiable information of any end-users to be transmitted to SOFY in the rendering of the Service, that (ii) you have obtained all end-user consents required by applicable law and that you use such data or information only for the limited purposes for which the user has given you permission to do so.

(d)	Further Testing of the Application File. You warrant and agree that SOFY may retain your Application File indefinitely for further testing for the purpose of improving the Service, subject to the terms of its Privacy Policy located [here], without necessity of further consent.

(e)	Disclaimers as to the Application File. SOFY HAS NO OBLIGATION TO INDEMNIFY OR DEFEND AGAINST CLAIMS RELATING TO THE PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATION FILE OR RELATING TO THE CONFORMITY OR NON-CONFORMITY OF THE APPLICATION FILE WITH THE STANDARDS OF THE SERVICE, AND IN NO EVENT DOES SOFY WARRANT THAT THE APPLICATION FILE WILL PERFORM WITHOUT ERROR OR INTERRUPTION. No other person shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of the performance or non-performance of the Application File or the conformity or non-conformity of the Application File with the standards of the Service, as a third-party beneficiary or otherwise.

(f)	Disclaimers as to the Service. Except for the express warranties specified in this Section 4, THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND SOFY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SOFY does not warrant that the Service will perform without error or interruption. No other person shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of the Service rendered by SOFY or under or on account of any Reports or other representations made in the course thereof, as a third-party beneficiary or otherwise.

Limitation of Liability. IN NO EVENT:
WILL THE LIABILITY OF SOFY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO SOFY HEREUNDER IN THE FORM OF THE ONE-TIME SERVICE FEE.

(b) WILL SOFY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 5 APPLY:

(i) TO LIABILITY FOR NEGLIGENCE
(ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE
(iii) WITHOUT REGARD TO WHETHER SOFY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND WITHOUT REGARD TO WHETHER SUCH DAMAGES WERE FORESEEABLE
(iv) WITHOUT REGARD TO WHETHER YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 5, the liability of SOFY will be limited to the fullest extent permissible under such applicable law.
Intellectual Property:	Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.

Indemnity
(a)	You agree to indemnify, defend and hold harmless SOFY, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from

(i) any information that you or anyone using your account may submit or access in the course of using the Service
(ii) your violation of the terms of this Agreement
(iii) the breach of any applicable privacy laws in the rendering of the Service including, without limitation, the collection of personally identifiable information
(iv) any violation or failure by you to comply with all laws and regulations in connection with your use of the Service, whether or not described herein.
(b)	Each Party (the “Indemnifying Party”) will indemnify and hold the other Party (the “Indemnified Party”) harmless from and will defend the Indemnified Party against any claim asserted against the Indemnified Party for losses, injuries, or damages to the extent that such losses, injuries, or damages are caused by the Indemnifying Party’s gross negligence or will full misconduct, subject to the limitation of Section 5 hereof. THIS SECTION 6 (b) STATES THE ENTIRE INDEMNIFICATION OBLIGATION OF SOFY TO YOU.

Term & Termination.
(a)Term. This Agreement will continue in effect from your acceptance until such time as

(i) SOFY completes its rendering of the Service or
(ii) the Agreement is terminated in accordance with the provisions hereof or
(iii) the Agreement is otherwise terminated by SOFY in its sole discretion.
(b)Surviving Provisions.	The following provisions shall survive in perpetuity beyond the Term of this Agreement:

(i) Sections 2(b), 3(b), 4(c), 4(d), 4(e), 4(f),5, and 6 hereof,
(ii) any other provision that must survive the Term of this Agreement to fulfil its essential purpose.
Incorporation of the SOFY WebsiteTerms of Use.
The SOFY Website Terms of Use, available [here], are hereby made a part of this Agreement and are incorporated into it in their entirety. All provisions of the SOFY Website Terms of Use shall govern and control these Terms of Service as if expressly written herein.

[ACCEPTED AND AGREED]