AQUA SCANNER TERMS OF USE

1. General

These Terms of Use (these "Terms") govern the access or use by you, an individual, of applications, websites, content, products, and services (the "Services") by Valvis Holding S.A. (the "Company"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Company. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. In these Terms, the words "including" and "include" mean "including, but not limited to." Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Company may amend the Terms related to the Services from time to time. Amendments will be effective upon Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

2. The Services

The Services constitute a technology platform that enables users of Company’s mobile applications or websites provided as part of the Services (each, an "Application") to identify and ascertain certain information on various water products. Unless otherwise agreed by Company in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.  Company reserves the right to modify the content or features of the Services and the Applications, at any time for any reason, without notice to you.  Your continued use of the Services and/or the Applications following such changes will be deemed acceptance of such changes.

License Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Company and Company’s licensors, as applicable.

Restrictions You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Company in writing; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content The Services may be made available or accessed in connection with third party services and content (including advertising) that Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Company does not endorse such third party services and content and in no event shall Company be responsible or liable for any products or services of such third party providers.

Ownership The Services and all rights therein are and shall remain Company’s property or the property of Company’s licensors, as applicable. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors. YOU ACKNOWLEDGE THAT COMPANY IS NOT AN AGENT OF, NOR DOES IT HAVE A LICENSE FROM, ANY COMPANY MANUFACTURING OR OTHERWISE ADVERTISING ANY OF THE WATER PRODUCTS CONTAINED IN THE APPLICATION, EXCEPT FOR AQUA CARPATICA. ALL TRADEMARKS, SERVICE MARKS, LOGOS, PRODUCT NAMES AND OTHER MARKS OR DESCRIPTIONS REGARDING ANY PRODUCTS IN THE APPLICATIONS ARE THE INTELLECTUAL PROPERTY OF THEIR RESPECTIVE OWNERS.

3. Your Use of the Services

User Accounts The Company may require you, in order to access certain aspects of the Services, to register for and maintain an active user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Company certain personal information, such as your name, mobile phone number, date of birth, and gender. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Company’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account.

User Requirements and Conduct The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to access the Services on your behalf. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

User Provided Content Company may, in Company’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company through the Services textual, audio, and/or visual content and information, including but not limited commentary and feedback related to the Services, user profiles, and initiation of support requests ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Company the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor Company’s use of the User Content as permitted herein, will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Company in its sole discretion, whether or not such material may be protected by law. Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without notice to you. Network Access and Devices You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. By using this application, you agree to receive notifications from the Company. You can stop the receipt of notifications using the applicable settings of your mobile device.

4. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR SAFETY OF ANY PRODUCT OR SERVICE OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT COMPANY IS LIMITED TO A TECHNOLOGY PLATFORM THAT FACILITATES CERTAIN THIRD PARTY INFORMATION ON VARIOUS WATER PRODUCTS. ALL TESTING WAS CONDUCTED BY SUCH THIRD PARTY VENDOR. COMPANY SHALL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE TRANSMITTED THROUGH THE APPLICATIONS. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100). THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 4 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity You agree to indemnify and hold Company and its officers, directors, employees, shareholders, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Company’s use of your User Content; or (iv) your violation of the rights of any third party.

5. Other Provisions

These Terms constitute the entire and exclusive and final statement of the agreement between you and Company with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and Company, written or oral, with respect to the subject matter hereof. The Terms and the relationship between you and Company shall be governed by the laws of the State of New York, USA, without giving effect to any choice of laws or principles that would require the application of the laws of a different country. Any legal action, suit or proceeding arising out of or relating to the Terms, or your use of the Services, must be instituted exclusively in the state and federal courts located in the State of New York, USA, and in no other jurisdiction. You further consent to personal jurisdiction and exclusive venue in, and agree to service of process issued or authorized by, any such court. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms cannot be transferred or assigned by you without Company’s prior written consent. We may change the Terms or the Company Privacy Policy, from time to time. These Terms can only be modified upon Company’s written agreement.

Effective Date: January 30, 2018