CASHFLO TM’s TERMS AND CONDITIONS OF USE &
PRIVACY POLICY

WELCOME TO CASHFLO TM!

CASHFLOTM’s Terms and Conditions of Use and Privacy Policy (the “Agreement”) is a legally binding agreement between you (“you”, “your” or “User”) and Envision Software, LLC, a New York limited liability company (“Envision Software”).

Envision Software owns the following products and services: the CASHFLOTM mobile application, meaning the software to be used on Apple IOS devices, as upgraded from time to time, and any other software or documentation which enables the use of the CASHFLOTM mobile application (“Application”); the website located at www.cashfloapps.com (“Website”); and all services relating to the Application and Website (“Functions”) (for purposes of this Agreement, the Application, Website, and Functions are known collectively as the “Services”).

1. WHAT DOES IT MEAN WHEN I CLICK ON THE “I AGREE TO CASHFLOTM’S TERMS AND CONDITIONS OF USE AND PRIVACY POLICY” LINK?

BY CLICKING ON THE “I AGREE TO CASHFLOTM’S TERMS AND CONDITIONS OF USE AND PRIVACY POLICY” LINK AND/OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DOWNLOADING THE APPLICATION, YOU AGREE TO ALL OF THE FOLLOWING:

(A)YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY;

(B)YOU UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT;

(C) YOU MUST BE A LEGAL RESIDENT OF THE UNITED STATES;

(D)YOU MUST BE AT LEAST 13 YEARS OLD TO PLAY CASHFLOTM;

(E)YOU MUST BE AT LEAST 18 YEARS OLD TO UNLOCK THE CASHFLOTM REFERRAL CODE TO EARN AND CONVERT CASHFLOTM CASH TO REAL DOLLARS; AND

(F)YOU HAVE READ THE CASHFLOTM INSTRUCTIONS FOUND IN THE APPLICATION AND ON THE WEBSITE; THE CASHFLOTM INSTRUCTIONS ARE INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS AGREEMENT.

IF YOU DO NOT OR CANNOT AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, DO NOT CLICK ON THE “I AGREE TO CASHFLOTM’s TERMS AND CONDITIONS OF USE AND PRIVACY POLICY” LINK, DO NOT ACCESS OR USE ANY PART OF THE SERVICES, INCLUDING DOWNLOADING, INSTALLING, AND/OR USING THE APPLICATION, AND DELETE THE APPLICATION FROM YOUR MOBILE, DESKTOP, AND/OR OTHER DEVICE.

ENVISION SOFTWARE, IN ITS SOLE AND ABSOLUTE DISCRETION, RESERVES THE RIGHT, FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AND/OR THE SERVICES. YOUR CONTINUED USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU CANNOT COMPLY WITH THIS AGREEMENT BECAUSE OF ANY CHANGE MADE TO THIS AGREEMENT AND/OR THE SERVICES, THEN YOU MUST CEASE USE OF THE SERVICES IMMEDIATELY AND TERMINATE YOUR USER ACCOUNT. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS AND CONDITIONS OF USE AND PRIVACY POLICY” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE IN THE APPLICATION AND ON THE WEBSITE.

2. ACCESS TO THE SERVICES

You will be required to provide certain personal information (please refer to the Privacy Policy Section 23(A) Types of Information Collected), including your full name, contact information, date of birth, and social media credentials, when you create a user account for the Application (“User Account”). You have to be at least 18 years old to unlock the CASHFLOTM referral code to earn and convert CASHFLOTM Cash (as explained in the CASHFLOTM instructions) to real dollars; you may be required to provide your social security number to Envision Software, so that Envision Software may comply with applicable tax authorities and regulations, including reporting requirements, governing a User’s conversion of CASHFLOTM Cash to real dollars. It is a condition of your use of the Application and all the Services that all the personal information you provide will be correct, current, and complete. If Envision Software believes that the personal information you provide is not correct, current, and complete, Envision Software has the right to refuse you access to the Application and all other Services and terminate or suspend your access to the Application and all other Services at any time without prior notice to you. When creating your User Account, you will be required to create a username and password to access the Services. After you create a User Account, you will be prompted to pay for a unique CASHFLOTM referral code that is exclusive to your identity (you must be at least 18 years old to purchase the CASHFLOTM referral code). It is always your sole responsibility to safeguard your username and password and any other personal designation given to you by Envision Software. Envision Software is not liable to you and/or any third-party for any damage and/or loss that you and/or any third-party may incur from your failure to abide by these requirements, including, without limitation, by the authorized and/or unauthorized third-party use of your username, password, CASHFLOTM referral code, and/or any other personal designation assigned to you by Envision Software. If you discover an unauthorized use of your username, password, CASHFLOTM referral code, and/or any other personal designation assigned to you by Envision Software, you agree to notify Envision Software immediately via the “Contact Us” link and use the subject line: Unauthorized Use of Account Information.

3. PLAYING CASHFLO TM

To play CASHFLOTM, you are required to read all the CASHFLOTM instructions found in the Application and/or on the Website. Envision Software, in its sole and absolute discretion and at any time without prior notice to you, reserves the right to change how you earn and convert CASHFLOTM Cash to real dollars, including, without limitation, the service provider you use to convert CASHFLOTM Cash to real dollars, and/or eliminate, decrease and/or devalue your CASHFLOTM Cash in accordance with this Agreement and applicable laws. You understand and agree that Envision Software is not the supplier of the dollar value of your CASHFLOTM Cash in the conversion process; therefore, you further understand and agree that Envision Software is neither responsible for nor liable to you for the actual conversion of your CASHFLOTM Cash to real dollars, including, without limitation, any failure in the fulfillment of the conversion or in the value of your conversion. You understand and agree to maintain the accuracy and functionality of the PayPal account you link to your User Account. You must directly contact PayPal or any other service provider involved in the conversion process with any problems and/or claims you may have in the conversion of your CASHFLOTM Cash to real dollars. Envision Software is not obligated to reissue any CASHFLOTM Cash to you due to a fault of the service provider(s) involved in the conversion process.

4. PERSONAL AND NONCOMMERCIAL USE LIMITATION

The Services are for your personal and noncommercial use only. You may not use the Services for any other purpose, including, without limitation, any commercial purpose, without Envision Software’s prior express written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, and/or sell any information, content, software, products, and/or services obtained from or otherwise connected to the Services. You further understand and agree that the Application is licensed, not sold, to you as set forth in this Agreement.

4.1. ​License Grant​. Subject to the terms of this Agreement, Envision Software grants you a limited, non-exclusive, revocable, and nontransferable license to:

  1. (A)  Download, install, and use the Application for your use on an Apple IOS mobile device owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation; and
  2. (B)  Access, stream, download, and/or use the Website Content and Services (as such term is defined in Section 4.7 below) made available in or otherwise accessible through the Application or on the Website, strictly in accordance with this Agreement.

4.2. ​License Restrictions​. You, as a licensee, shall not:

  1. (A)  Copy, modify, translate, adapt, or otherwise create derivative works or improvements,whether or not patentable, of the Application;
  2. (B)  Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  3. (C)  Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(D) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason;

(E) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; and/or

(F) Use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems, aircraft navigation or communication systems, air traffic control systems or any other transport management systems, safety-critical applications, including medical or life-support systems, vehicle operation applications or any further police, fire, or other safety response systems, and military or aerospace applications, weapons systems, or environments.

4.3. ​Reservation of Ownership and Other Rights​. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto, other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions set forth in this Agreement. Envision Software and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Application, including, without limitation, all copyrights, trademarks, trade secrets, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4.4. ​Collection and Use of Your Information​. You acknowledge that when you download, install, or use the Application, Envision Software may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information Envision Software collects through or in connection with the Application is subject to its Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by Envision Software with respect to your information in compliance with the Privacy Policy. You hereby grant Envision Software a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to copy, modify, and use any information and data supplied by you or collected on your behalf so that Envision Software may enhance the Application and its Services, and the right to use, repurpose, and monetize aggregate data and create analytical trend data (in anonymous form) that may be shared with or sold to third parties. Envision Software will not allow any personally identifying information on any specific users to be disclosed to any third party.

4.5. ​Updates​. Envision Software may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You understand and agree that Envision Software has no obligation to provide any Updates or continue to provide or enable any specific features or functionality. Based on your Device settings, when your Device is connected to the Internet either: (a)

the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further understand and agree that all Updates will be deemed part of the Application and subject to all terms and conditions of this Agreement.

4.6. ​Third-Party Materials​. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Envision Software is not responsible for and makes no representations and warranties with respect to Third-Party Materials, including, without limitation, their accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect thereof. Envision Software does not assume and will not have any liability or responsibility to you or any other third party for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ respective terms and conditions of use and privacy policies.

4.7 ​Website Content and Services​. You may access the Website, or the Application may provide you with access to the Website, and information, products and services accessible thereon. Also, certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Website Content and Services”). Your access to and use of such Website Content and Services are governed by this Agreement, including the Privacy Policy. Your access to and use of such Website Content and Services may require you to acknowledge your acceptance of this Agreement and/or logging into the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality.

4.7.1 ​Geographic Restrictions​. The Website Content and Services are based in the State of New York in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Website Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Website Content and Services from outside the United States, you are responsible for compliance with all applicable United States federal, state, and local laws.

4.7.2 ​Restrictions on Website Use​. ​You may use the Website for purposes expressly permitted by this Agreement. As a condition of your use of the Website, you agree and warrant to Envision Software that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. For example, you may not (and may not authorize any party to) (A) cobrand the Website; (B) frame the Website; and/or (C) hyperlink to the Website, without the express prior written permission of Envision Software. For purposes of this Agreement, “cobranding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. You agree to cooperate with Envision Software in causing any unauthorized cobranding, framing, or hyperlinking immediately to cease. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not

obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website.

4.8 ​Hyperlinks​. The Website and Application may be hyperlinked to other websites which are not maintained by, or related to, Envision Software. Hyperlinks to such websites are provided as a service to users and are not sponsored by or affiliated with the Website, Application, Services, and/or Envision Software. Envision Software has not reviewed any or all such websites and is not responsible for the content of those websites. Envision Software is not responsible for webcasting or any other form of transmission received from any hyperlinked websites. Hyperlinks are to be accessed at the User’s own risk, and Envision Software makes no representations and warranties about the content, completeness, or accuracy of these hyperlinks or the websites hyperlinked to the Website and/or Application. Envision Software provides hyperlinks as a convenience to you, and the inclusion of any hyperlink to any third-party websites does not necessarily imply endorsement by Envision Software of that websites or any association with its operators and/or owners.

5. PROPRIETARY INFORMATION

The material and content on and accessible from the Application and Website, including, without limitation, text, information, instructions, graphics, software, sounds, images, user generated content, videos, and other content (collectively, the “Content”), are always proprietary to Envision Software or the party that licensed any such Content to Envision Software, whereby such licensing party retains all right, title, and interest in its Content. Accordingly, the Content of the Application and Website may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior express written consent of Envision Software, except that you may print a copy of the Website solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content, except as expressly provided in this Agreement, violates Envision Software’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access and use of the Services, including, without limitation, the Content of the Website and/or Application.

6. USE OF COMMUNICATION SERVICES

The Application and Website may contain forums, bulletin board services, chat and/or video areas and services, message boards, news groups, communities, personal web pages, calendars, and/or other interactive message or communication features designed to allow you to communicate with the Internet community and/or with a group of users (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and/or receive messages and content that are proper and related to one or all the specific Communication Services. Among other actions, when using any one of the Communication Services, you agree that you will not post, send, submit, publish, and/or transmit in connection with the Application and Website any material and/or content that, in Envision Software’s sole and absolute discretion, violates the terms of this Agreement. You further agree that you will not have the right to post any material and/or content that:

  1. (i)  is proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  2. (ii)  advocates illegal activity or discusses an intent to commit an illegal act;
  3. (iii)  is vulgar, obscene, pornographic, and/or indecent;
  4. (iv)  does not pertain directly to the Application and/or Website;
  5. (v)  threatens or abuses others, libels, defames, invades privacy, stalks, or is racist, abusive, harassing, threatening, and/or offensive;
  6. (vi)  seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  7. (vii)  harvests or otherwise collects information about others, including e-mail addresses, without their prior express written consent;
  8. (viii)  violates any law or may be considered to violate any law;
  9. (ix)  impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  10. (x)  falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
  11. (xi)  advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be expressly authorized in this Agreement;
  12. (xii)  solicits funds, advertisers, and/or sponsors;
  13. (xiii)  includes programs that contain viruses, worms, and/or Trojan horses or any other computer codes, files, and/or programs designed to interrupt, destroy, and/or limit the functionality of any computer software and/or hardware or telecommunications;
  14. (xiv)  disrupts the normal flow of dialogue, causes a screen to scroll faster than other users can type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Application and/or Website;
  15. (xv)  includes MP3 format files;
  16. (xvi)  amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
  17. (xvii)  disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Application and/or Website and/or any networks connected to the Services; or
  18. (xviii)  contains hyperlinks to other websites that contain content that falls within the descriptions set forth above.

Envision Software reserves the right to monitor your access to and use of the Application and Website to determine compliance with this Agreement, as well as the right to remove or refuse any information for any reason. Envision Software reserves the right to terminate your access to any or all the Services, including, without limitation, the Communication Services, at any time without notice for any reason whatsoever. Envision Software also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post and/or to remove any information or materials, in whole or in part, in its sole and absolute discretion. Materials uploaded as part of any of the Communication Services may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for complying with such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Envision Software nor any third party that provides material and content to Envision Software will assume or have any liability for any action or inaction by Envision Software or such third party with respect to any submission. Envision Software cautions you against giving out any personally identifying information about yourself or your children in any of the Communication Services. You understand and agree that Envision Software does not control and/or endorse the content, messages, or information found in any of the Communication Services, and, consequently, Envision Software specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any of the Communication Services. Managers and hosts are not authorized Envision Software spokespersons, representatives or agents, and their views do not necessarily reflect those of Envision Software.

7. SUBMISSIONS

You hereby grant to Envision Software the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, and/or other information communicated to Envision Software through the Application and/or Website (together, the “Submission”), and incorporate any Submission in other works in any form, media, or technology now known or later developed. You understand and agree that Envision Software will not be required to treat any Submission as confidential and may use any Submission in its business (including, without limitation, for Services, products and/or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Envision Software operations. Envision Software will treat any personally identifying information that you submit through the Application and/or Website in accordance with its Privacy Policy.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ALL SERVICES, INCLUDING, WITHOUT LIMITATION, THE APPLICATION, WEBSITE, WEBSITE CONTENT AND SERVICES, CONTENT, AND COMMUNICATION SERVICES, ARE PROVIDED TO YOU, AS THE LICENSEE, ON AN “AS IS” BASIS AND WITH ALL FAULTS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ENVISION SOFTWARE, ON

ITS OWN BEHALF AND ON BEHALF OF ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, GOODS PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, REPRESENTATIVES, MANAGERS, MEMBERS, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. ENVISION SOFTWARE DOES NOT WARRANT THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION TO THE FOREGOING, ENVISION SOFTWARE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ENVISION SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE MATERIAL AND CONTENT OF THE WEBSITE AND APPLICATION IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIAL AND CONTENT OF THE WEBSITE AND APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ENVISION SOFTWARE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME AND WITHOUT NEEDING TO GIVE YOU PRIOR NOTICE. YOU, AND NOT ENVISION SOFTWARE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR ACCESS AND/OR USE OF THE SERVICES AND/OR THE MATERIAL AND CONTENT OF THE APPICATION AND WEBSITE. ENVISION SOFTWARE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIAL AND/OR CONTENT OF THE WEBSITE AND APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIAL AND CONTENT.

You further understand and agree that Envision Software cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are solely responsible for implementing adequate security procedures and checkpoints to satisfy your requirements for accuracy of data input and output and for maintaining a means external to the Application and Website for any reconstruction of any lost data. You understand and agree that Envision Software does not assume any responsibility, liability and/or risk for your use of the Internet. You further understand and agree that the material and content on the Application and Website are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Envision Software. All of the information on the Website and Application, whether historical in nature or forward-looking, speaks only as of the date the information is posted, and Envision Software does not undertake any

obligation to update such information after it is posted or remove such information from the Website and Application if it is not, or is no longer, accurate or complete.

9. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENVISION SOFTWARE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, GOODS PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, REPRESENTATIVES, MANAGERS, MEMBERS, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS HAVE ANY LIABILITY ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:

  1. (A)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST VALUE OF CASHFLOTM CASH, DEVALUED CASHFLOTM CASH, LOSS OF CASHFLOTM CASH, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES.
  2. (B)  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ENVISION SOFTWARE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, GOODS PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, REPRESENTATIVES, MANAGERS, MEMBERS, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO ENVISION SOFTWARE FOR THE APPLICABLE SERVICES OUT OF WHICH LIABILITY AROSE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ENVISION SOFTWARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. TERM AND TERMINATION

(A) The term of this Agreement commences when you access, visit, browse, attempt to interact with any part of the Services, and/or download or install the Application, and it will continue in effect until terminated by you or Envision Software as set forth in this Section 10.

(B) You may terminate this Agreement by deleting the Application and all copies thereof from your Device. You may also contact Envision Software by clicking on the “Contact Us” link to notify Envision Software that you want to terminate your User Account. You agree to allow Envision Software ten (10) business days or a commercially reasonable amount of time, whichever is greater, to terminate your User Account.

(C) Envision Software may terminate this Agreement at any time without any notice to you if it ceases to support the Application, which Envision Software may do in its sole and absolute discretion. In addition, Envision Software may terminate this Agreement immediately and automatically without any notice to you if you violate any of the terms and conditions of this Agreement and/or applicable laws.

(D) Upon termination:

(i) All rights granted to you under this Agreement will also terminate; and
(ii) You must cease all use of the Application and delete your User Account and all copies of the

Application from your Device.

(E) Termination will not limit any of Envision Software’s rights or remedies under this Agreement, at law and/or in equity.

(F) In addition to those expressly set forth in this Agreement, your obligations hereunder which, by their context, are meant to survive termination of this Agreement and your liabilities for the breach of those obligations will survive and remain in full force and effect whether this Agreement is terminated by you or Envision Software.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Envision Software and its members, managers, employees, representatives, agents, affiliates, parents, subsidiaries, licensors, service providers, goods providers, content providers, contractors, officers, directors, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney’s fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement and/or applicable laws, including, without limitation, the content you submit or make available through the Application and/or Website.

12. EXPORT REGULATIONS

The Application may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations. You shall comply with all applicable federal laws, regulations, and rules. You cannot, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

13. SEVERABILITY

If any provision of this Agreement is illegal or unenforceable under applicable law as adjudicated by a court of competent jurisdiction, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

14. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement is governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. By accessing and/or using Envision Software’s Services, you agree with Envision Software and its members, managers, employees, representatives, agents, affiliates, subsidiaries, parents, officers, directors, licensors, service providers, goods providers, content providers, contractors, successors, and assigns, that any controversy, claim or dispute you may have against or with any of these persons or entities, arising out of or relating to this Agreement, or the breach thereof, or otherwise, including the enforceability of this arbitration provision, will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. Information may be obtained and claims may be filed at any office of the American Arbitration Association, at ​https://www.adr.org/​, or by mail at AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. Any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction having jurisdiction thereof.

15. LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. CONSTRUCTION

The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (A) references to the plural include the singular, the singular the plural, and the part the whole, (B) references to one gender include all genders, (C) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (D) “including” has the inclusive meaning frequently identified with the phrase “including, but not limited to” or “including, without limitation,” (E) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole, (F) the term “days” refers to United States calendar days and not business days, unless expressly noted; and (G) any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality). Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. You and Envision Software

agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against any one party and that ambiguities will not be interpreted against Envision Software, as the drafting party.

17. REMEDIES

No right, power, and/or remedy conferred upon or reserved to Envision Software by this Agreement is intended to be exclusive of any other right, power and/or remedy, and each and every such right, power or remedy shall be cumulative and concurrent and in addition to any other right, power and remedy given hereunder or now or hereafter existing under this Agreement, at law or in equity.

18. WAIVERS

No waiver shall be implied from any omission or delay by a party to act with respect to any default, and every such right may be exercised at any time during the continuance of such default. No waiver by you or Envision Software of any default under this Agreement will be effective or binding on the waiving party unless the waiver is made in an express writing signed by the waiving party. No written waiver of any default under this Agreement shall be deemed to be a waiver of any subsequent default of the same or any other provision of this Agreement.

19. NO ASSIGNMENT

You do not have the right to assign any of your rights and obligations under this Agreement to any third-party. You also do not have the right to assign the cash value of your CASHFLOTM Cash to any third-party, including, without limitation, a creditor, secured party, and/or beneficiary.

20. REPORTING TECHNICAL AND OTHER PROBLEMS

If you experience any technical problems or user issues with any of the Services, please contact Envision Software immediately by clicking on the “Contact Us” link on the Application or Website. Please include a brief but detailed description of the problem. Please allow 30-60 calendar days for Envision Software to investigate the problem. Envision Software may correct a technical problem, if necessary, based on Envision Software’s sole and absolute determination. Envision Software, together with its affiliates and service providers, is not liable for any failure in your ability to play CASHFLOTM during the duration of any technical and/or other dysfunction in the Application and/or other Services.

21. ENTIRE AGREEMENT

This Agreement, including the Privacy Policy below, constitute the entire agreement between you and Envision Software with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

22. CONTACT US

By clicking on the “Contact Us” link on the Application or Website, you may contact Envision Software any time if you have any questions regarding this Agreement and/or the Services or if you would like to send your comments or feedback.

23. PRIVACY POLICY

This Privacy Policy explains the privacy practices of Envision Software with respect to collecting, using, disclosing and protecting User information. Envision Software is committed to protecting your privacy while you are using the Application and all other Services. BY CLICKING ON THE “I AGREE TO CASHFLOTM’S TERMS AND CONDITIONS OF USE AND PRIVACY POLICY” LINK AND/OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DOWNLOADING THE APPLICATION, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT OR CANNOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT DOWNLOAD THE APPLICATION AND/OR ACCESS, VISIT, BROWSE, USE, OR ATTEMPT TO INTERACT WITH ANY PART OF THE SERVICES.

Envision Software reserves the right to change this Privacy Policy at any time. Such changes, modifications, additions, and/or deletions shall be effective immediately without prior notice to you. YOUR CONTINUED USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF SUCH CHANGES. IF YOU CANNOT COMPLY WITH THIS PRIVACY POLICY BECAUSE OF ANY CHANGE MADE TO IT AND/OR THE SERVICES, THEN YOU MUST CEASE USE OF THE SERVICES IMMEDIATELY AND TERMINATE YOUR USER ACCOUNT. THE MOST CURRENT VERSION OF THIS PRIVACY POLICY, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS AND CONDITIONS OF USE AND PRIVACY POLICY” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE WEBSITE AND APPLICATION.

(A) ​Types of Information Collected​. Envision Software collects two types of information about its Users: personally identifiable information and non-personally identifiable information. Envision Software’s primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while you use the Application and all other Services.

(A.1) ​Personally Identifiable Information​. This refers to information that lets Envision Software know the specifics of who you are. When you create a User Account and/or contact us with comments and feedback, Envision Software may ask you to provide certain information about yourself. It is completely optional for you to provide personally identifiable information about yourself, such as your first and last name, mailing address (including zip code), email address, telephone and cell numbers, social media accounts, PayPal account information, social security number for converting CASHFLOTM Cash to real dollars (must be at least 18 years old), username, password, credit card information to unlock your CASHFLOTM referral code (must be at least 18 years old), and other personally identifying information that is otherwise not public. Depending upon the activity you engage in within the Services, some of the

information Envision Software asks you to provide is identified as mandatory and some as non-mandatory. If you do not provide the mandatory data with respect to an activity, you will not be able to engage in that activity. It is completely optional for you to engage in any of the activities within the Services, and Envision Software does not collect any personally identifiable information about you unless you voluntarily provide it to Envision Software.

(A.2) ​Non-Personally Identifiable Information​. This refers to information that does not by itself identify a specific individual. This Privacy Policy does not apply to non-personal identifiable information—data in a form that does not permit direct association with any specific individual. Envision Software may collect, use, transfer, and disclose nonpersonal information for any lawful purpose.

(B)​ ​Collection Methods and Use of Information.

Envision Software may collect information when you first create a User Account and each time you use the Application and/or Website and engage with some of Envision Software’s business partners and affiliates, including, without limitation, third party social media websites and/or applications featured in the Application and/or on the Website. Once you create a User Account and use the Services, you are not anonymous to Envision Software. Envision Software may use the following types of collection methods to collect information for the following general purposes: to customize the Application and other Services, improve Envision Software’s customer relations, contact you, and conduct research in order to improve the Services:

Analytics Information:

Envision Software may use third-party analytics tools to help measure usage trends for the Services. These tools collect information sent by your Device or Envision Software’s Services, including the web pages you visit, add-ons, and other information that assists Envision Software in improving the Services. Envision Software collects and uses this analytics information with analytics information without identifying any User.

Cookies and Log File Information:

When you use the Website, Envision Software may use cookies and similar technologies like pixels, web beacons, and local storage to collect and store cookies on your computer in order to facilitate and customize your use of the Website. A cookie is a small data text file which a website stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to Envision Software. Envision Software’s cookies store randomly assigned user identification numbers, your location, and your first name to welcome you back to the Website. Advertisers or other partners may be asked to provide ads or services to your Device which may use cookies or similar technologies placed by Envision Software or the third party. Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or application. It can also be provided when the content of the webpage or application is downloaded to your browser or Device. The cookies make your use of the Website easier, make the Website run more smoothly and help Envision Software maintain a secure site. You are always free to decline Envision Software’s cookies if your browser permits, but some parts of the Website may not work properly in that case. Envision Software

may use an outside ad serving company to display banner advertisements on the Website. As part of their service, they will place a separate cookie on your computer. Envision Software’s servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. Other advertisers may also place banner ads on the Website in the same manner as above; however, Envision Software will not disclose any personally identifiable information to them. The information allows for more accurate reporting and improvement of the Services.

Device Identifiers:

When you use a mobile device like a tablet or phone to access the Services, Envision Software may access, collect, monitor, store on your mobile device, and/or remotely store one or more “device identifiers”. Device identifiers are small data files or similar data structures stored on or associated with your mobile device which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Envision Software. A device identifier may deliver information to Envision Software or to a third-party partner about how you browse and use the Services and may help Envision Software or others provide reports or personalized content and ads. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata:

Metadata is technical data that is associated with user generated content, such as how, when and by whom a piece of user generated content was collected and how that content is formatted. You may add or may have Metadata added to your user generated content, including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your user generated content more searchable by others and more interactive.

(C) ​Release of Information.

Envision Software does not sell, trade, or rent your personally identifiable information to others. Envision Software may provide some of its Services through contractual arrangements with affiliates, services providers, partners and other third parties, such as PayPal; however, the use of your personally identifiable information by its service partners is governed by the privacy policies of those service partners and is not subject to Envision Software’s control. Occasionally, Envision Software may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. Envision Software will disclose personally identifiable information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. Envision Software fully cooperates with law enforcement agencies in identifying those who use its Services for illegal activities. Envision Software reserves the right to report to law enforcement agencies any activities that it, in good faith, believes to be unlawful.

(D) ​Updating and Correcting Information​.

Envision Software believes that you should have the ability to access and edit the personally identifiable information that you have provided to it. You may change any of your Personally identifiable information in your account online at any time by linking to your account in accordance with instructions posted in the Application or on the Website. You may also access and correct your personal information via the “Contact Us” link and use the subject line: Change My Account Information. Please include your name, address, and/or email address when you use the “Contact Us” link. Envision Software encourages you to promptly update your personally identifiable information if it changes. You may ask to have the information on your account deleted or removed; however, because Envision Software keeps track of past activity, you cannot delete information associated with past activity in the Application and/or or the Website. In addition, it may be impossible to completely delete your information without some residual information because of backups.

(E) ​Security of Information​.

In the Application and/or on the Website, you can be assured that your personally identifiable information is secure and consistent with current industry standards. The importance of security for all personally identifiable information associated with Users is of utmost concern to Envision Software. Your personally identifiable information is protected in several ways. Access by you to your personally identifiable information is available through a password and unique customer ID selected by you. This password is encrypted. Envision Software recommends that you do not disclose your password to anyone. In addition, your personally identifiable information resides on a secure server that only selected Envision Software personnel and contractors have access to via password. Envision Software encrypts your personally identifiable information and thereby prevents unauthorized parties from viewing such information when it is transmitted to Envision Software. Personal information that you provide that is not personally identifiable information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside Envision Software, you will not be asked to select a password in order to view or modify such information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while Envision Software strives to protect your personally identifiable information, you acknowledge and agree that: (i) there are security and privacy limitations of the Internet which are beyond Envision Software’s control; (ii) the security, integrity and privacy of any and all information and data exchanged between you and Envision Software through the Application and/or Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party.

(F) ​Privacy Policies of Third-Party Service Providers and Websites​.

(F.1) Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information Envision Software collects from you. Other service providers and/or websites accessible through the Application and/or Website have their own privacy policies and data collection, use, and disclosure practices. Please consult each service providers and/or websites’ privacy policy. Envision Software is not responsible and/or liable for the policies or practices of third parties. Additionally, other companies which place advertising on the Website may collect information about you when you view or click on their advertising using cookies. Envision Software cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

(F.2) When you are ready to convert your CASHFLOTM Cash to real dollars, you can facilitate the conversion using the PayPal account you linked to your User Account (see the CASHFLOTM instructions). To ensure greater security, Envision Software shares with PayPal only the information necessary to facilitate the transfer of information to PayPal. You may receive a notification on the Application or via email regarding the conversion of your CASHFLOTM Cash to real dollars. PayPal is a payment service provided by PayPal Inc., which allows Users to make online withdrawals using their PayPal credentials; however, Envision Software reserves the right to change this service provider at any time without prior notice to you. You must directly contact PayPal or any other service provider with any problems and/or claims you may have in the conversion of your CASHFLOTM Cash to real dollars.

(G) ​Miscellaneous Privacy Issues​.

You should also be aware that when personally identifiable information is voluntarily disclosed in the discussion forums or other public areas in the Application and/or on the Website, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond Envision Software’s control, and this Privacy Policy does not apply to such information. Any submissions to chat rooms or other public areas in the Application and/or on the Website are accepted with the understanding that they are accessible to all third parties. If you do not want your comments and submissions to be viewed by third parties, you are advised not to make any such comments and/or submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you’re online.

If you have any questions about this Privacy Policy, the practices of Envision Software, or your dealings with the Application and/or Website, please contact us via the “Contact Us” link using the subject: Privacy Policy. You may also contact Envision Software by email at ​[email protected]​