EULA

This EULA – which means “End User License Agreement”, is the legal agreement between You and Us, and together with all the related documentation sets forth the terms and conditions governing the use of any of Our Apps downloaded and installed by You or other related Services, such as Better Now or CHI Business Systems.

End User License Agreement
By registering, signing up for or using a Better Now membership, or otherwise accessing or using Better Now content, Better Now Web or Better Now Mobile (each, a “Software Application”) you are acknowledging that you are bound by the terms and conditions in this End User License Agreement (this “EULA”). Please review these carefully before accepting and utilizing your Better Now membership or a Software Application, or other products or services of One Item, Inc., d/b/a Better Now (“Developer”). Your use of the Software Applications is also subject to the Terms of Service applicable to the Better Now Websites (www.oneitem.com/terms-of-use/) and privacy policy (www.oneitem.com/privacy/) which are incorporated herein by reference.

Additional Software Applications
This EULA also applies to any additional widgets, add-ons or other applications provided by Developer for use with the Software Application(s) you are subscribing for, which shall also be considered Software Application(s) hereunder. Such additional Software Application(s) may also have additional terms and conditions set forth on the applicable webpage, order form or documentation.

User Account and Service Security
Use of Software Applications is available only to persons who can enter in to legally binding contracts under applicable law. If you are a minor, i.e. under the age of 18 years, not competent or otherwise do not have the capacity to enter into a legally binding contract without the consent or assistance of another person, you may use website only under the supervision of a parent or legal guardian, as applicable, who agrees to be bound by this EULA.

License to Use
Subject to compliance with this EULA (including payment of applicable fees), Developer grants you a limited, non-transferable, revocable, non-exclusive, non-sub-licenseable license to access the Software Application(s) for which you have subscribed and paid, through the provided user interfaces, to access your User Data and to utilize such Software Application(s) via the user interfaces provided by Developer to assist in your Better Now journey.

Account and Password
As a registered user of the Software Application(s), you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Developer of any unauthorized use of your Account or any other breach of security. Developer shall not be responsible for any losses arising out of unauthorized use of your Account.

Content and Certain Restrictions
In the event you are submitting, entering or linking to any information, data, text, software, music, sound, photographs, graphics, messages or other materials, you are representing to the “Developer”, One Item, Inc., that you have the right and authority to submit, enter or link to such content without violation of law or infringement of any third party’s intellectual property rights or privacy rights. Additionally, any such content submitted by you through the Software Application(s) constitutes a representation by you to Developer that you have the right to display, play back and/or perform such content publicly on your mobile application, your website and/or your Facebook fanpage, as applicable.

You may not send, submit, post, or otherwise transmit, messages or material that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Software Application(s).

You may not use the Software Application(s) for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. With respect to Better Now Social, you may not submit any content through the Software Application(s) or cause the Software Application(s) to display or link to any content in violation of the Facebook advertising guidelines (https://www.facebook.com/ad_guidelines.php), the Facebook Statement of Rights and Responsibilities (https://www.facebook.com/terms.php) and the policies and rules referred to therein.

Without limiting the foregoing, you may not use the Software Application(s) for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Website.
• Breaching any applicable laws;
• Interfering or disrupting networks or web sites connected to the Website
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. This includes using or providing music, video, images or text for which you do not own or have sufficient use rights to the copyright for such materials.

You agree to indemnify Developer and its licensors for any and all claims arising from any violation by you of the terms of this EULA.