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BURBLE, INC.

MOBILE APPLICATION END USER LICENSE AGREEMENT

IMPORTANT NOTICE: THIS EULA CONTAINS BINDING ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED BELOW. PLEASE READ CAREFULLY.

Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the burble, Inc. (“burble”) mobile application (“Mobile App”), which allows You to access burble’s internet-delivered service from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and burble (each separately a “Party” and collectively the “Parties”) as of the date You download the Mobile App.

BY DOWNLOADING, INSTALLING, USING, ACCESSING AND/OR INTERACTING WITH THE MOBILE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, USE, ACCESS OR OTHERWISE INTERACT WITH THE MOBILE APP.

In addition, by downloading, installing, using and providing information to or through this Mobile App, You consent to use the Mobile App in accordance with this EULA and burble’s Acceptable Use Policy which can be accessed and downloaded at Myburble.com/terms (“Acceptable Use Policy”).

  1. License Restrictions. You shall not:

(a) copy the Mobile App, except as expressly permitted by this EULA;

(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Mobile App;

(c) reverse engineer, dissemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Mobile App or any part thereof;

(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Mobile App including, without limitation, any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Mobile App or any features or functionality of the Mobile App, to any third party for any reason, including by making the Mobile App available on a network where it is capable of being accessed by more than one device at any time; or

(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Mobile App.

  1. Intellectual Property of Mobile App; Reservation of Rights. The Mobile App and the materials contained therein including, without limitation, any content, photographs, text, software, pictures, images, graphics, articles, blogs, columns, postings, video clips, audio clips, digital downloads, data, messages, contents or other information posted through the Mobile App (collectively, the “burble Content”) are either the property of, or used with permission, by burble. Without limitation, the Mobile App and the burble Content are copyrighted by burble, its affiliates or its licensors. In addition, certain aspects of the burble Content including, without limitation, the trademarks, service marks, trade names and logos used and displayed on the Mobile App are registered and/or unregistered trademarks of burble and/or the Affiliates (as defined herein). You have no Intellectual property rights in, or to, the Mobile App and/or the burble Content other than the right to use it in accordance with this EULA. You acknowledge and agree that the Mobile App is provided under license, and not sold, to You. You do not acquire any ownership interest in the Mobile App under this EULA, or any other rights thereto other than to use the Mobile App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this EULA. burble and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Mobile App including, without limitation, all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to You in this EULA.
  2. Updates/Changes to this EULA. burble reserves the right to modify this EULA at any time and for any reason. burble will post the most current version of this EULA at Myburble.com/terms. If burble makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at burble’s website even if these updated terms appear online at burble’s website before being posted in the Mobile App. Your continued use of the Mobile App after burble publishes notice of changes to this EULA indicates Your consent and agreement to the updated terms.
  3. Collection of personal Information. You acknowledge that when you download, install or use the Mobile App, burble may use automatic means (including, for example, cookies and web beacons) to collect information about Your Mobile Device (as defined below) and about your use of the Mobile App. You also may be required to provide certain information about Yourself as a condition to downloading, installing or using the Mobile App or certain of its features or functionality, and the Mobile App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Mobile App is subject to our Privacy Policy at https://www.myburble.com/privacy. By downloading, installing, using and providing information to or through this Mobile App, You consent to all actions taken by burble with respect to Your information in compliance with the Privacy Policy.
  4. Updates to Mobile App. burble may from time to time, in its sole discretion, develop and provide updates to the Mobile App including, without limitation, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality of the Mobile App. You agree that burble has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Mobile Device settings, when Your Mobile Device is connected to the internet either:

(a) the Mobile App will automatically download and install all available Updates; or

(b) You may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Mobile App or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Mobile App and be subject to all terms and conditions of this EULA.

  1. Term and Termination. The term of this EULA commences when You download and/or install the Mobile App on Your Mobile Device and will continue in effect until terminated by You or burble as set forth in this Section. You may terminate this Agreement at any time by deleting the Mobile App and all copies thereof from Your Mobile Device. burble may terminate this Agreement at any time without notices if it ceases to support the Mobile App, which burble may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms of this EULA and/or the Acceptable Use Policy. Upon termination, (a) all rights granted to You under this EULA will also terminate; and (b) You must immediately cease all use of the Mobile App and delete all copies of the Mobile App from your Mobile Device and account. Without limitation, termination will not limit any of burble’s rights or remedies at law or in equity. Termination shall not entitle You to any refund, credit or other compensation from burble under this EULA or any other agreement or from any third party.
  2. DISCLAIMER OF WARRANTIES. THE MOBILE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BURBLE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE MOBILE APP, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BURBLE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE MOBILE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

In addition, the Mobile App is only available for supported devices and might not work on every device. Determining whether Your Mobile Device is a supported or compatibility device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at your own risk. burble does not represent or warrant that the Mobile App and Your Mobile Device are compatible or that the Mobile App will work on Your Mobile Device.

  1. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BURBLE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOST SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MOBILE APP, EVEN IF BURBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
  2. Indemnification. You agree to release, indemnify, defend and hold harmless burble and the Affiliates from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Mobile App or Your breach of this EULA or any other policies implemented by burble including, without limitation, the Acceptable Use Policy. Furthermore, You agree that burble assumes no responsibility for the Content You submit or make available through this Mobile App. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this EULA.
  3. Copyright Infringement/DMCA Notice. If You believe that any aspect of the Mobile App violates Your or a third party’s copyright, please provide written notice (“DMCA Notice”) to burble as set forth herein or otherwise provided by the Digital Millennium Copyright Act (“DMCA”), as it may be amended from time to time. The DMCA Notice must include (a) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (b) a description of the copyrighted work that is believed to have been infringed upon; (c) a description of precisely where the alleged infringing work is located on Mobile App; (d) the Copyright Owner’s mailing address, telephone number and email address; (e) a statement by the Copyright Owner that they have a good-faith belief that the disputed use is not authorized by the Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (f) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that they are the Copyright Owner or are authorized to act on the Copyright Owner's behalf. The DMCA Notice should be immediately delivered to burble at the address set forth below and directed to the attention of the “Copyright Agent.” You acknowledge and agree that Your failure to properly comply with the requirements of the law and/or this provision may make Your DMCA Notice invalid.
  4. Export Regulation. The Mobile App may be subject to U.S. export control laws including, without limitation, the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
  5. Governing Law; Dispute Resolution. This EULA and Your use of the Mobile App shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict or choice of laws provisions of the State of Pennsylvania or any other State. ANY DISPUTE WITH BURBLE OR THE AFFILIATES, ARISING UNDER OR IN RELATION TO THIS EULA SHALL BE RESOLVED EXCLUSIVELY THROUGH NON-APPEALABLE ARBITRATION WITH ONE ARBITRATOR IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN PHILADELPHIA, PENNSYLVANIA. If traveling to Philadelphia is a burden, You may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration.
  6. CLASS ACTION WAIVER. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST BURBLE AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST BURBLE, YOU AGREE THAT: (A) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (B) IF YOU INITIATE OR PARTICIPATE AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
  7. WAIVER OF JURY TRIAL. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE MOBILE APP AND/OR THIS EULA, OTHER BURBLE POLICIES INCLUDING THE ACCEPTABLE USE POLICY AND/OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
  8. No Assignment. You may not assign or otherwise transfer, by operation of law or otherwise, any of its rights under this EULA without burble’s prior written consent, and any attempted assignment without such consent will be null and of no effect.
  9. Entire Agreement. This EULA, together with the Privacy Policy and Acceptable Use Policy, constitutes the entire agreement between You and burble and supersedes any and all prior agreements, communications and understandings with respect to the use of the Mobile App.
  10. Severability. If any provision of this EULA is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be construed, limited or altered, as necessary, to eliminate the invalidity or enforceability, and the remaining provisions of this EULA will remain in full force and effect.
  11. No Waiver. burble’s failure to assert any right or provision under this EULA shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
  12. Contact Information. If you have any questions regarding this EULA, please contact burble by email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by mail at Attn: Legal, burble, Inc., 1420 Walmart Street, Suite 1212, Philadelphia, Pennsylvania 19102.

22. California Residents. Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) burble is located at 1420 Walmart Street, Suite 1212, Philadelphia, Pennsylvania; (b) this EULA have provided you with advance notice of any applicable charges resulting from or related to Your use of the Mobile App; (c) You may contact burble at the address or email address indicated above to resolve a complaint or receive further information regarding any aspect of the Mobile App; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or via telephone at 800-952-5210.