EULA

1. The Application

My Tipping App ("Licensed Application”) is a Services created to allow service providers to receive tips directly and customized for iOS and Android mobile devices ("devices).

The Licensed Application 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 this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Scope Of License

2.1 You are given a non-transferable, non-exclusive, non-sub-licensable license to install and use the Licensed Application on any devices that You own or control and as permitted by the usage rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You via family sharing or volume purchasing.

2.2 This license will also govern any updates of the Services provided by The Licensor that replace, repair, and/or supplement the first Services, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Services available to third parties (unless to the degree allowed by the usage rules, and with The Licensor's prior written consent), sell, rent, lend, lease or otherwise redistribute the Services.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Services, or any part thereof (except with The Licensor's prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the usage rules) or alter the Services or portions thereof. You may create and Store copies only on devices that You own or control for backup keeping under the terms of this license, the usage rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If You sell Your device(s) to a third party, You must remove the Services from the device(s) before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 The Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Services, You must ensure that You comply with applicable third-party terms and conditions.

3. Technical Requirements

3.1 The Licensor attempts to keep the Services updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 The Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Maintenance And Support

4.1 The Licensor is solely responsible for providing any maintenance and support Services for the Services. You can reach The Licensor at the email address listed in the App Store or Play Store Overview for these Services.

4.2 The Licensor and the User acknowledge that the Stores have no obligation whatsoever to furnish any maintenance and support with respect to the Services.

5. Use Of Data

You acknowledge that The Licensor will be able to access and adjust Your downloaded Services content and Your personal information, and that the Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy, which can be accessed by clicking on the menu.

You acknowledge that the Licensor may periodically collect and use technical data and related information about Your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other Services to You (if any) related to the Services. Licensor may also use this information to improve its products or to provide Services or technologies to You, as long as it is in a form that does not personally identify You.

6. User-Generated Contributions

The Services do not offer Users the opportunity to submit or post content. If at any time, Users are able to You create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "contributions"), then the terms of this License Agreement shall govern those contributions. Contributions may be viewable by other Users of the Services and through third-party websites or applications. As such, any contributions You transmit may be treated in accordance with the Services 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 Services, and other Users of the Services to use Your contributions in any manner contemplated by the Services and this License Agreement.

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 or each and every such identifiable individual person to enable inclusion and use of Your contributions in any manner contemplated by the Services and this License Agreement.

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 this License Agreement, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of Your rights to use the Services Licensed Application.

7. 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 of other feedback regarding the Services Licensed 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 in the Licensed Application. You are solely responsible for Your Contributions to the Licensed 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.

8. Liability

8.1 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, YOUR SOLE REMEDY IF THE LICENSOR BREACHES ANY DUTY ARISING FROM THIS LICENSE

AGREEMENT SHALL BE RECOVERY OF DIRECT DAMAGES, CAPPED AT A MAXIMUM VALUE OF EITHER (1) $5,000, OR (2) THE AMOUNT OF ALL PAYMENTS

YOU HAVE MADE TO LICENSOR, WHICHEVER IS GREATER. YOU MAY NOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION,

CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. These limitations apply regardless of the type or the amount of the alleged loss.

8.2 In no event shall Licensor be liable to You for any loss of User data. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use.YouYouYou

9. Warranty

9.1 Licensor warrants that the Services are free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the User documentation. TO THE EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES ON THE LICENSED APPLICATIONS, EXPRESS OR IMPLIED.

9.2 No warranty is provided for the Services that is not executable on the device, that has been unauthorized/modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of The Licensor's sphere of influence that affect the executability of the Services. You are aware that in case of alterations or manipulations of the Licensed Applications, You will not have access to the Licensed Applications.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify The Licensor about issues discovered without delay by email provided in contact information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.

9.4 If we confirm that the Services are defective, the Licensor reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Services to conform to any applicable warranty, You may notify the App Store Operator, and Your Services purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App Store Operator will have no other warranty obligation whatsoever with respect to the Services, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the User is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Services was made available to the User. The statutory periods of limitation given by law apply for Users who are consumers.

10. Product Claims

The Licensor and the User acknowledge that The Licensor, and not the Stores, is responsible for addressing any claims of the User or any third party relating to the Services or the User's possession and/or use of the Services, including, but not limited to:

(i) product liability claims.

(ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Services use of the HealthKit and HomeKit.

11. Legal Compliance

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. Contact Information

For general inquiries, complaints, questions or claims concerning the Services, please contact:

Baunkyle Applications
1424 North High Point Rd
Middleton, WI 53562
United States

info@mytippingapp.com

13. Termination

The License is valid until terminated by The Licensor or by You. Your rights under this license will terminate automatically and without notice from The Licensor if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Services, and destroy all copies, full or partial, of the Licensed Application.

14. Third-Party Terms of Agreements and Beneficiary

The LicensorUser represents and warrants that The Licensor the User will comply with applicable third-party terms of agreement when using Services.

In accordance with Section 10 of the "Instructions for Minimum Terms of Developer's User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. Intellectual Property Rights

The Licensor and the User acknowledge that, in the event of any third-party claim that the Licensed Application or the User's possession and use of the Services infringes on the third party's intellectual property rights, The Licensor, and not the Stores, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

16. Applicable Law

This License Agreement is governed by the laws of the State of Wisconsin excluding its conflicts of law rules. All legal disputes arising from or related to this License Agreement shall be brought exclusively in Dane County, Wisconsin or in the United States District Court of the Western District of Wisconsin.

17. Miscellaneous

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.