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Terms And conditions

Last updated September 14, 2021


AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and Zophonos Inc.

("Company," “we," “us," or “our”), concerning your access to and use of the

Rooundu mobile application as well as any other media form, media channel,

website or software application related, linked, or otherwise connected

thereto (collectively, the “Site”). We are registered in Delaware, United States and

have our registered office at 503 N Tatnall St, Wilmington , DE 19801. You agree

that by completing the Rooundu registration form, you have read, understood, and agreed to be bound by

all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE

TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM REGISTERING

AND YOU MUST DISCONTINUE USE IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the RooundU website

from time to time are hereby expressly incorporated herein by reference. We

reserve the right, in our sole discretion, to make changes or modifications to these

Terms of Use at any time and for any reason. We will alert you about any changes

by updating the “Last updated” date of these Terms of Use, and you waive any

right to receive specific notice of each such change. Please ensure that you check

the applicable Terms of the Rooundu application so that you understand which

Terms apply. You will be subject to, and will be deemed to have been made aware

of and to have accepted, the changes in any revised Terms of Use by your

continued use of the Rooundu application after the date such revised Terms of Use are posted.


The information provided on the Rooundu website is not intended for distribution to or use by

any person or entity in any jurisdiction or country where such distribution or use

would be contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who

choose to access the website from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local laws are

applicable.


The Rooundu Website is not tailored to comply with industry-specific regulations (Health

Insurance Portability and Accountability Act (HIPAA), Federal Information Security

Management Act (FISMA), etc.), so if your interactions would be subjected to such

laws, you may not use the RooundU application . You may not use the Rooundu application nor any related media in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under

the age of 18) must have the permission of, and be directly supervised by, their

parent or guardian to use the RooundU application. If you are a minor, you must have your parent

or guardian read and agree to these Terms of Use prior to you using the Rooundu application.


INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Rooundu application is our proprietary property and all source

code, databases, functionality, software, website designs, audio, video, text,

photographs, and graphics on the Site (collectively, the “Content”) and the

trademarks, service marks, and logos contained therein (the “Marks”) are owned

or controlled by us or licensed to us, and are protected by copyright and trademark

laws and various other intellectual property rights and unfair competition laws of

the United States, international copyright laws, and international conventions. The

Content and the Marks are provided on the Site “AS IS” for your information and

personal use only. Except as expressly provided in these Terms of Use, no part of

the Site and no Content or Marks may be copied, reproduced, aggregated,

republished, uploaded, posted, publicly displayed, encoded, translated,

transmitted, distributed, sold, licensed, or otherwise exploited for any commercial

purpose whatsoever, without our express prior written permission.


Provided that you are eligible to use the Rooundu application, you are not granted a limited license to

access and use the RooundU content or underlying code or Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the RooundU application, the Content and the Marks.


USER REPRESENTATIONS

By using the RooundU application, you represent and warrant that: (1) all registration information

you submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these

Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a

minor, you have received parental permission to use the RooundU application; (5) you will not

access the RooundU application through automated or non-human means, whether through a bot,

script, or otherwise; (6) you will not use the RooundU application for any illegal or unauthorized

purpose; and (7) your use of the Rooundu application will not violate any applicable law or

regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the RooundU application (or any portion thereof).


USER REGISTRATION

You may be required to register in order to use the RooundU application. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or

otherwise objectionable.
 

PROHIBITED ACTIVITIES

You may not access or use the RooundU application for any purpose other than that for which we

make the application available. The RooundU application may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.


As a user of the RooundU application, you agree not to:

1. Systematically retrieve data or other content from the application to create or

compile, directly or indirectly, a collection, compilation, database, or directory

without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to

learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of

the RooundU application, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the application and/or the Content

contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the RooundU application.

5. Use any information obtained from the RooundU application in order to harass, abuse, or

harm another person.

6. Make improper use of our support services or submit false reports of abuse

or misconduct.

7. Use the Rooundu application in a manner inconsistent with any applicable laws or

regulations.

8. Engage in unauthorized framing of or linking to the RooundU application.

9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan

horses, or other material, including excessive use of capital letters and

spamming (continuous posting of repetitive text), that interferes with any party’s

uninterrupted use and enjoyment of the applicatipn or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Rooundu application. 

10. Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

11. Delete the copyright or other proprietary rights notice from any Content.

12. Attempt to impersonate another user or person or use the username of

another user.

13. Upload or transmit (or attempt to upload or to transmit) any material that

acts as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats (“gifs”), 

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

“spyware” or “passive collection mechanisms” or “pcms”).

14. Interfere with, disrupt, or create an undue burden on the Rooundu application or the

networks or services connected to the application.

15. Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the RooundU application to you.

16. Attempt to bypass any measures of the Rooundu application designed to prevent or restrict

access to the application, or any portion of the application.

17. Copy or adapt RooundU’s software, including but not limited to XML, PHP,

HTML, Java, or other code.

18. Except as permitted by applicable law, decipher, decompile, disassemble,

or reverse engineer any of the software comprising or in any way making up a

part of the RooundU application.

19. Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the application, or using or launching any unauthorized script or other

software.

20. Make any unauthorized use of the RooundU application, including collecting usernames

and/or email addresses of users by electronic or other means for the purpose

of sending unsolicited email, or creating user accounts by automated means or

under false pretenses.

21. Use the Rooundu application as part of any effort to compete with us or otherwise use the

application and/or the Content for any revenue-generating endeavor or commercial

enterprise.

22. Sell or otherwise transfer your profile.


USER GENERATED CONTRIBUTIONS

Currently, the Rooundu application does not offer users to submit or post content. In the future, we 

may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,

distribute, or broadcast content and materials to us or within the application, including but not

limited to text, writings, video, audio, photographs, graphics, comments,

suggestions, or personal information or other material (collectively,

"Contributions"). Contributions may be viewable by other users of the RooundU application and

through third-party websites. As such, any Contributions you transmit may be

treated in accordance with the RooundU application Privacy Policy. When you create or make

available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and

the accessing, downloading, or copying of your Contributions do not and will

not infringe the proprietary rights, including but not limited to the copyright,

patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the RooundU application, and

other users of the Rooundu application to use your Contributions in any manner contemplated by the Rooundu application and these 

Terms of Use.

3. You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness

of each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the RooundU application and these

Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising,

promotional materials, pyramid schemes, chain letters, spam, mass mailings,

or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,

harassing, libelous, slanderous, or otherwise objectionable (as determined by

us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third

party.

11. Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors.

12. Your Contributions do not include any offensive comments that are

connected to race, national origin, gender, sexual preference, or physical

handicap.

13. Your Contributions do not otherwise violate, or link to material that violates,

any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Rooundu application in violation of the foregoing violates these Terms of Use and

may result in, among other things, termination or suspension of your rights to use

the RooundU application.


CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any

information and personal data that you provide following the terms of the Privacy

Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the RooundU application, you agree that we

can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership

of all of your Contributions and any intellectual property rights or other proprietary

rights associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the RooundU application. You

are solely responsible for your Contributions to the Rooundu application and you expressly agree

to exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.


MOBILE APPLICATION LICENSE

Use License

The RooundU application is accessed via a mobile device, therefore, we grant you a revocable,

non-exclusive, non-transferable, limited right to install and use the mobile

application on wireless electronic devices owned or controlled by you, and to

access and use the mobile application on such devices strictly in accordance with

the terms and conditions of this mobile application license contained in these

Terms of Use. You shall not: (1) except as permitted by applicable law, decompile,

reverse engineer, disassemble, attempt to derive the source code of, or decrypt

the application; (2) make any modification, adaptation, improvement,

enhancement, translation, or derivative work from the application; (3) violate any

applicable laws, rules, or regulations in connection with your access or use of the

application; (4) remove, alter, or obscure any proprietary notice (including any

notice of copyright or trademark) posted by us or the licensors of the application;

(5) use the application for any revenue generating endeavor, commercial

enterprise, or other purpose for which it is not designed or intended; (6) make the

application available over a network or other environment permitting access or use

by multiple devices or users at the same time; (7) use the application for creating a

product, service, or software that is, directly or indirectly, competitive with or in any

way a substitute for the application; (8) use the application to send automated

queries to any website or to send any unsolicited commercial e-mail; or (9) use

any proprietary information or any of our interfaces or our other intellectual

property in the design, development, manufacture, licensing, or distribution of any

applications, accessories, or devices for use with the application.


Apple and Android Devices

The following terms apply when you use a mobile application obtained from the 

Google Play Store (an “App Distributor”) to access the RooundU application: (1)

the license granted to you for our mobile application is limited to a nontransferable

license to use the application on a device that utilizes the Android operating system, as applicable,

and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

(2) in the event of any failure of the mobile

application to conform to any applicable warranty, you may notify the applicable

App Distributor, and the App Distributor, in accordance with its terms and policies,

may refund the purchase price, if any, paid for the mobile application, and to the

maximum extent permitted by applicable law, the App Distributor will have no other

warranty obligation whatsoever with respect to the mobile application; (3) you

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; (4) you must comply with

applicable third-party terms of agreement when using the mobile application, e.g.,

if you have a VoIP application, then you must not be in violation of their wireless

data service agreement when using the mobile application; and (5) you

acknowledge and agree that the App Distributor is a third-party beneficiary of

the terms and conditions in this mobile application license contained in these

Terms of Use, and that each App Distributor will have the right (and will be

deemed to have accepted the right) to enforce the terms and conditions in this

mobile application license contained in these Terms of Use against you as a third party

beneficiary thereof.


SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,

feedback, or other information regarding the Rooundu application ("Submissions") provided by you

to us are non-confidential and shall become our sole property. We shall own

exclusive rights, including all intellectual property rights, and shall be entitled to the

unrestricted use and dissemination of these Submissions for any lawful purpose,

commercial or otherwise, without acknowledgment or compensation to you. You

hereby waive all moral rights to any such Submissions, and you hereby warrant

that any such Submissions are original with you or that you have the right to

submit such Submissions. You agree there shall be no recourse against us for any

alleged or actual infringement or misappropriation of any proprietary right in your

Submissions.


APPLICATION MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the RooundU application for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in our

sole discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to

the extent technologically feasible) any of your Contributions or any portion

thereof; (4) in our sole discretion and without limitation, notice, or liability, to

remove from the Rooundu application or otherwise disable all files and content that are excessive

in size or are in any way burdensome to our systems; and (5) otherwise manage

the Rooundu application in a manner designed to protect our rights and property and to facilitate

the proper functioning of the RooundU application.


PRIVACY POLICY

We care about data privacy and security. By using the RooundU application, you agree to be bound

by our Privacy Policy posted on the RooundU website, which is incorporated into these Terms of

Use. Please be advised the RooundU website is hosted in the United States. If you access the

The website from any other region of the world with laws or other requirements governing

personal data collection, use, or disclosure that differ from applicable laws in the

United States, then through your continued use of the RooundU application, you are transferring

your data to the United States, and you agree to have your data transferred to and

processed in the United States.


TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the RooundU application.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT

NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE ROOUNDU APPLICATION 

(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR

ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR

BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT

CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR DELETE YOUR ACCOUNT 

AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, 

WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed

name, or the name of any third party, even if you may be acting on behalf of the

third party. In addition to terminating or suspending your account, we reserve the

right to take appropriate legal action, including without limitation pursuing civil,

criminal, and injunctive redress.


MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the RooundU application

at any time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our website. We also reserve the right to

modify or discontinue all or part of the website or application without notice at any time. We will not

be liable to you or any third party for any modification, price change, suspension,

or discontinuance of the Rooundu application and related media.

We cannot guarantee the Rooundu application or website will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to

the Rooundu application or website, resulting in interruptions, delays, or errors. We reserve the right to

change, revise, update, suspend, discontinue, or otherwise modify the RooundU application or website

at any time or for any reason without notice to you. You agree that we have no liability

whatsoever for any loss, damage, or inconvenience caused by your inability to

access or use the RooundU application during any downtime or discontinuance of the application. Nothing

in these Terms of Use will be construed to obligate us to maintain and support the

Rooundu application or website or to supply any corrections, updates, or releases in connection therewith.


GOVERNING LAW

These Terms of Use and your use of the RooundU application are governed by and construed in

accordance with the laws of the State of Delaware applicable to agreements made

and to be entirely performed within the State of Delaware, without regard to its

conflict of law principles.


DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the

“Parties” and individually, a “Party”) shall be commenced or prosecuted in the state

and federal courts located in United States , Delaware, and the Parties hereby

consent to, and waive all defenses of lack of personal jurisdiction and forum non

conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International

Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are

excluded from these Terms of Use. In no event shall any claim, action, or

proceeding brought by either Party related in any way to the Rooundu application be commenced

more than six (6) months after the cause of action arose.


CORRECTIONS

There may be information on the website or within the RooundU application that contains typographical errors, inaccuracies, or omissions, including descriptions, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information within the Rooundu application or website at any time, without prior notice.


DISCLAIMER

THE ROUNDU APPLICATION AND RELATED MEDIA IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE

DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH

THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,

THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO

WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR

COMPLETENESS OF THE ROOUNDU APPLICATION’S CONTENT AND FEATURES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE ROOUNDU APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY

DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR

ACCESS TO AND USE OF THE ROOUNDU APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE

APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY

BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY,

AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND

MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A

RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT,

ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY

PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER

ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE

RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND

ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH

THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR

IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.


LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE ROOUNDU APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 


INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

use of the RooundU application and website ; (2) breach of these Terms of Use; (3) any breach of your

representations and warranties set forth in these Terms of Use; (4) your violation

of the rights of a third party, including but not limited to intellectual property rights;

or (5) any overt harmful act toward any other user of the Rooundu application. 

Notwithstanding the foregoing, we reserve 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, at your

expense, with our defense of such claims. We will use reasonable efforts to notify

you of any such claim, action, or proceeding which is subject to this

indemnification upon becoming aware of it.


USER DATA

We will maintain certain data that you transmit to the RooundU application for the purpose of

managing the performance of the application, as well as data relating to your use of the

website. Although we may perform regular routine backups of data, you are solely

responsible for all data that you transmit or that relates to any activity you have

undertaken using the RooundU application. You agree that we shall have no liability to you for any

loss or corruption of any such data, and you hereby waive any right of action

against us arising from any such loss or corruption of such data.


ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the RooundU website , sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications,

and you agree that all agreements, notices, disclosures, and other

communications we provide to you electronically, via email, website and within the application , satisfy

any legal requirement that such communication be in writing. YOU HEREBY

AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,

ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF

NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR

COMPLETED BY US OR VIA THE APLICATION. You hereby waive any rights or

requirements under any statutes, regulations, rules, ordinances, or other laws in

any jurisdiction which require an original signature or delivery or retention of nonelectronic

records, or to payments or the granting of credits by any means other

than electronic means.


CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the

Complaint Assistance Unit of the Division of Consumer Services of the California

Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N

112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)

445-1254.


MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the website 

or in respect to the RooundU application constitute the entire agreement and understanding

between you and us. Our failure to exercise or enforce any right or provision of

these Terms of Use shall not operate as a waiver of such right or provision. These

Terms of Use operate to the fullest extent permissible by law. We may assign any

or all of our rights and obligations to others at any time. We shall not be

responsible or liable for any loss, damage, delay, or failure to act caused by any

cause beyond our reasonable control. If any provision or part of a provision of

these Terms of Use is determined to be unlawful, void, or unenforceable, that

provision or part of the provision is deemed severable from these Terms of Use

and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created

between you and us as a result of these Terms of Use or use of the RooundU application. You

agree that these Terms of Use will not be construed against us by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the

electronic form of these Terms of Use and the lack of signing by the parties hereto

to execute these Terms of Use. This is an experimental app (i.e. Beta). By agreeing to these terms you are

enrolling into our Beta program which consists of features that may or may not be

included in subsequent releases. Features will be refined and/or changed in

subsequent releases. Also, we are noting that the Rooundu Beta application does not collect or store radio frequency or audio data on its servers. All environmental data is stored locally on a user's

device. In subsequent releases, data may or may not be stored remotely.
 

You should be aware that there are certain things that Zophonos Inc. will not take responsibility for. Certain functions of the app will require the app to have an active wireless connection. The connection can be Wi-Fi, bluetooth, or by other wireless means, but Zophonos Inc. cannot take responsibility for the app not working at full functionality if you don’t have access to wireless connection(s), and you don’t have any of your data allowance left.

Also, if you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the RooundU application, you are accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the application, please be aware that we assume that you have received permission from the bill payer for using the application. Along the same lines, Zophonos Inc. cannot take responsibility for the way you use the app i.e. You need to make sure that your device stays charged and that it has adequate storage – if it runs out of battery and you cannot turn it on to avail the service, Zophonos Inc. cannot accept responsibility. The same applies for device storage. 

With respect to Zophonos Inc.’s responsibility for your use of the application, when you are using the application, it is important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Zophonos Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the application. The application is currently available on Android – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the application. Zophonos Inc. does not promise that it will always update the application so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.


CONTACT US

In order to resolve a complaint regarding the application, ask questions or provide suggestions about our Terms and Conditions, or to receive further information regarding use of the RooundU application, please contact us at:

Zophonos Inc.

503 N Tatnall St

Wilmington , DE 19801

United States

Phone: (302) 477-7330

Email: policy@rooundu.com


Privacy Policy

PRIVACY POLICY

Last updated September 15, 2021

Thank you for choosing to be part of our community at Zophonos Inc ("Company," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at policy@rooundu.com.

This privacy notice describes how we might use your information if you:

  • Download and use our mobile application — Rooundu
  • Engage with us in other related ways ― including any sales, marketing, or events In this privacy notice, if we refer to:
    • "App," we are referring to any application of ours that references or links to this policy, including any listed above
    • "Services," we are referring to our App, and other related services, including any sales, marketing, or events

The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.

1. WHAT INFORMATION DO WE COLLECT?

 Personal information you disclose to us

In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the App, express an interest in obtaining information about us or our products and Services, when you participate in activities on the App or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the App, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; email addresses; usernames; passwords; and other similar information.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

 Information collected through our App

In Short:  We collect information regarding your geolocation, mobile device, push notifications, when you use our App.

If you use our App, we may also collect the following information:

  • Geolocation Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's bluetooth, microphone, sensors, storage, and other features. If you wish to change our access or permissions, you may do so in your device's settings. Do keep in mind that these access permissions are required to operate the App.
  • Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our App, we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and information about the features of our App you accessed.
  • Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our App for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

  • To facilitate account creation and logon process. We use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
  • To post testimonials. We post testimonials on our App that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at policy@rooundu.com and be sure to include your name, testimonial location, and contact information.
  • Request feedback. We may use your information to request feedback and to contact you about your use of our App.
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. More specifically, we may need to process your data or share your personal information in the following situations:
    • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

5. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our App is at your own risk. You should only access the App within a secure environment.

6. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at noreply@rooundu.com.

 Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Change your password using the forgot password feature. 
  • Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

7. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. 

8. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the App, you have the right to request removal of unwanted data that you publicly post on the App. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the App, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

 CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

   

Category


Examples


Collected

 

A. Identifiers


Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name


YES

 

B. Personal information categories listed in the California Customer Records statute


Name, contact information, education, employment, employment history and financial information


YES

 

C. Protected classification characteristics under California or federal law


Gender and date of birth


YES

 

D. Commercial information


Transaction information, purchase history, financial details and payment information


NO

 

E. Biometric information


Fingerprints and voiceprints


NO

 

F. Internet or other similar network activity


Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements


NO

 

G. Geolocation data


Device location


YES

 

H. Audio, electronic, visual, thermal, olfactory, or similar information


Images and audio, video or call recordings created in connection with our business activities


NO (BETA)

 

I. Professional or employment-related information


Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us


NO

 

J. Education Information


Student records and directory information


NO

 

K. Inferences drawn from other personal information


Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics


NO

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at accountmanagement@roundu.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

Zophonos Inc has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Zophonos Inc will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data - Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed - Request to know

Depending on the circumstances, you have a right to know:

  • whether we collect and use your personal information;
  • the categories of personal information that we collect;
  • the purposes for which the collected personal information is used;
  • whether we sell your personal information to third parties;
  • the categories of personal information that we sold or disclosed for a business purpose;
  • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
  • the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

  • you may object to the processing of your personal data
  • you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
  • you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
  • you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at policy@roundu.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.  

9. DO WE MAKE UPDATES TO THIS NOTICE? 

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting 

your information.

10. CHILDREN’S PRIVACY 

In Short:  No, we do not knowingly collect a child’s personal information.

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? 

If you have questions or comments about this notice, you may email us at policy@rooundu.com or by post to:

Zophonos Inc.

503 N Tatnall St

Wilmington , DE 19801

United States

Phone: (302) 477-7330

Email: policy@rooundu.com

12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU? 

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please email us: accountmanagement@rooundu.com


This Terms and Conditions page was created with the help of  App Privacy Policy Generator

This privacy policy page was created at privacypolicytemplate.net and modified/generated by App Privacy Policy Generator


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