Terms and Conditions

1. AGREEMENT. Thank you for selecting the Services offered by STR Tracker. This is a legal agreement ("Agreement") between Customer and STR Tracker. BY ACCESSING AND/OR USING THE SERVICE(S), YOU ARE AGREEING, ON BEHALF OF YOURSELF AND/OR YOUR COMPANY, TO BE BOUND BY THE MOST RECENT TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE(S). This Agreement between STR Tracker, referred to herein and on this website and our mobile apps as " STR Tracker ", "we", "our", or "us" and you governs your use of the website (www.STRtracker.com) including, without limitation, all content such as text, information, images, applications, templates software and other information, services and materials (collectively, the "Service" or "Services") and all information made available to you or by you through this site by STR Tracker and/or third parties. The "Customer" shall mean the entity or person invoiced by STR Tracker for use of the Service, and "you" or "user" shall mean a unique user of the Service whether a Customer or not (as defined by unique URL, IP address or other unique identification). An "Affiliate" means all STR Tracker companies and subsidiaries that directly or indirectly, control or are controlled by STR Tracker, or are under the common control with STR Tracker. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity. This Agreement comprises the entire agreement between you and STR Tracker and supersedes any and all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Parties regarding the subject matter contained herein. This Agreement also includes by reference: • STR Tracker's Privacy Statement available on this website or provided to you in writing for the Services you selected. • Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services. STR Tracker, in its sole discretion, reserves the right to revise, update and change this Agreement from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to this Agreement. You agree to use the Service at your own risk and you understand that neither Podio nor STR Tracker is responsible for the content posted on the Service.

2. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS 2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and STR Tracker reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, STR Tracker grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by STR Tracker on the website for the Services. 2.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by STR Tracker in writing, you agree you will not: • Provide access to or give any part of the Services to any third party. • Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services. • Modify or make derivative works based upon the Services. • Attempt to access any other STR Tracker systems that are not part of these Services. • Excessively overload the STR Tracker systems used to provide the Services. • Reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. If you violate any of these terms, this Agreement and your right to use the Services may be terminated by STR Tracker in its sole discretion.

3. PAYMENT For Services offered on a payment or subscription basis, the following terms apply, unless STR Tracker notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services: • Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services. • You must pay with one of the following: • A valid credit card acceptable to STR Tracker; • A valid debit card acceptable to STR Tracker; • By another payment option STR Tracker provides to you in writing. • If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. • STR Tracker will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement. • Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. TRIAL PERIOD. Our free trial is designed to let you test the software to determine if it's worth the price. However, we must have rules to govern its use. If you registered for a trial use of the Services ("Trial Period") and decide not to purchase the Services within the Trial Period, your Content (defined in Section 6) may be deleted by STR Tracker and without notice 90 days after the Trial Period ends or after 1 year of inactivity if you are still in the Trial Period.

5. YOUR PRIVACY AND PERSONAL INFORMATION. You can view STR Tracker's Privacy Statement on this website. You agree to be bound by the applicable STR Tracker Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree: • To STR Tracker maintaining your data according to the STR Tracker Privacy Statement, as part of the Services. • To give STR Tracker permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Service. By way of example, this means that STR Tracker may use that aggregated data to improve services, design promotions.

6. CONTENT 6.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, emailed, or posted or stored through your use of the Services. You grant STR Tracker a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. STR Tracker is not responsible for the Content or data you submit on the website. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to: • a. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law; • Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor); • Except as otherwise permitted by STR Tracker in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; • Virus, trojan horse, worm or other disruptive or harmful software or data; and • Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner. 6.2 STR Tracker may freely use feedback and suggestions you provide. You agree that STR Tracker may use your feedback, suggestions, or ideas in any way, including using it in future modifications of the Services, other products or services, advertising or marketing materials. You grant STR Tracker a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to STR Tracker in any way. STR Tracker will not sell, publish or share your feedback in a way that could identify you without your explicit permission. 6.3 STR Tracker may monitor your content from time to time. STR Tracker may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect STR Tracker or its customers, or operate the Services properly. STR Tracker, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7. ADDITIONAL TERMS YOU AGREE TO 8.1 STR Tracker does not give professional advice. STR Tracker is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance. 7.2 STR Tracker Services. You may be offered other services, features, products, applications, online communities, or promotions provided by STR Tracker ("STR Tracker Services"). If you decide to use any of these STR Tracker Services or product , additional terms and conditions and separate fees may apply. You acknowledge that in accessing some STR Tracker Services you may upload or enter data such as names, addresses and phone numbers, purchases, and other data to the Internet. You grant STR Tracker permission to use information you provide and about your experience so that we can provide the STR Tracker Services to you, monitor and analyze your use of the services, maintain and update your data, and address errors or service interruptions. We may use this data to improve services, enhance future services, identify potentially relevant offers, and produce anonymous research data. You grant STR Tracker permission to combine the data you have entered or uploaded with that of others in a way that does not identify you or any individual personally. You also grant STR Tracker permission to share or publish summary results relating to such research data and to distribute or license such data to third parties. 7.3 Communications choices. STR Tracker may be required by law to send you communications about the Services or Third-Party Products. You agree that STR Tracker may send these communications to you via email or by posting them on this website or one of our sponsored websites. We may also send business communications such as confirmations or notices that will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing. Please review the Privacy Statement or follow instructions on the communication. 7.4 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact STR Tracker as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.

8. DISCLAIMER OF WARRANTIES 9.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STR Tracker, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. STR Tracker AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 9.2 STR Tracker AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. 10. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF STR Tracker, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, STR Tracker AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET STR Tracker SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF STR Tracker AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF STR Tracker, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. You agree to indemnify and hold STR Tracker and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). STR Tracker reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by STR Tracker in the defense of any Claims.

11. CHANGES TO THIS AGREEMENT OR THE SERVICES. We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after STR Tracker posts or otherwise notifies you of any changes, indicates your agreement to the changes.

12. TERMINATION. STR Tracker may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect STR Tracker's rights to any payments due to it. STR Tracker may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you. Sections 1.2, 5, 8 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.

13. GOVERNING LAW AND JURISDICTION. Malaga province law governs this Agreement without regard to its conflicts of law’s provisions. To resolve any legal dispute arising from this Agreement, you and STR Tracker agree to the exclusive jurisdiction of state courts in Malaga, Spain. STR Tracker does not represent that information on the website for the Services is appropriate or available for use in all countries. STR Tracker prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.

15. LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.

16. GENERAL. This Agreement is the entire agreement between you and STR Tracker and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of STR Tracker. However, STR Tracker may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by STR Tracker or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact STR Tracker via email to: info@strtracker.com