BETAFISH, INC.
END USER LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE ADBLOCK BROWSER EXTENSION (THE “EXTENSION”) AND THE AD BLOCKING SERVICES PROVIDED THROUGH THE EXTENSION (THE “SERVICES”).

THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES UNLESS YOU AND BETAFISH, INC. (“ADBLOCK”) HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE SERVICES.

AdBlock is willing to provide the Services to you only upon the condition that you accept all the terms contained in this Agreement. By downloading and installing the Extension and using the Services, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then AdBlock is unwilling to provide the Services to you and you must stop using the Services immediately. If you pay for the Services, your right to cancel your purchase for a refund expires 10 days after the date of purchase, as further described below.

IMPORTANT: WHEN YOU AGREE TO THIS AGREEMENT, YOU AGREE TO RESOLVE YOUR DISPUTES WITH ADBLOCK ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.

  1. Services. Conditioned upon your compliance with this Agreement, including, without limitation, Sections 3 and 4, AdBlock grants you a non-exclusive and non-transferable right for a single user to access and use the Services solely through the Extension on any computer you own, solely for your personal, non-commercial use, in accordance with the terms of this Agreement. Use of the Services is not permitted in an enterprise environment, including, but not limited to, use on multiple computers owned or operated by a company or other legal entity.
  2. Restrictions. Except as expressly stated in this Agreement, you may not: (a) attempt to interfere with or disrupt the Services or attempt to gain access to any of AdBlock’s systems or networks that connect thereto (except as required to access and use the Services); or (b) make the functionality of the Services available to multiple users through any means, including but not limited to through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of service.
  3. Free Trial Period. AdBlock will make the Services available to you on a trial basis, free of charge for a period of seven (7) days after your download of the Extension (the “Free Trial Period”). If you do not purchase a license through a one-time payment or subscription, as applicable, prior to the end of the Free Trial, your right to access and use the Services will terminate immediately and AdBlock may disable any or all features of the Services immediately.
  4. One-Time Payments and Subscriptions. If you wish to use the Services after the Free Trial period, you must purchase access to the Services through a one-time payment (the “One-Time Payment”), if offered to you by AdBlock, or through a recurring subscription (“Subscription”).

    General

    When you purchase access to the Services through a One-Time Payment or a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

    Subscriptions

    If you purchase a Subscription, you will be charged the annual Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each year thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. AdBlock will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee.

    By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or AdBlock. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with this Agreement.

    Cancelling One-Time Payment or Subscription

    If you make a One-Time Payment or purchase a Subscription, you may cancel your purchase for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.

    Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to help-premium@getadblock.com or submit a ticket at help.getadblock.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period. If you cancel, your right to access and use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

    Upon termination of your right to access and use the Services, AdBlock may disable any or all features of the Extension immediately

  5. License to the Extension. The copy of the Extension is licensed to you under the GNU General Public License, Version 3, available at https://www.gnu.org/licenses/gpl-3.0.en.html. AdBlock retains ownership of the copy of the Extension, including all intellectual property rights therein. The Extension is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Extension as delivered to you.
  6. Termination. AdBlock may terminate your right to access and use the Services, at its sole discretion, at any time and without notice or liability to you. You may terminate this Agreement and your right to access and use the Services at any time by sending an email to us at help-premium@getadblock.com or submitting a ticket at help.getadblock.com with your termination request. Upon any termination, discontinuation or cancellation of Services, the following provisions of this Agreement will survive: Section 5, Section 6, Section 8, Section 9, Section 10, Section 12, Section 13, Section 14, Section 15, Section 16 and Section 17.
  7. Updates and Upgrades; No Obligation. AdBlock is not obligated to maintain or support the Extension or Services, or to provide you with updates, upgrades or services related to the Extension or the Services. You acknowledge that AdBlock may from time to time, in its sole discretion, issue updates or upgrades to the Extension or the Services. You consent to such updating or upgrading on your computer, and agree that this Agreement will apply to all such updates or upgrades. Because the Extension and the Services are evolving over time AdBlock may change or discontinue all or any part of the Extension or Services, at any time and without notice.
  8. No Warranty. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. ADBLOCK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ADBLOCK OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. ADBLOCK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BLOCK ALL ADVERTISEMENTS, THAT THE SERVICES WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED.
  9. Limitation of Liability. ADBLOCK’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO ADBLOCK BY YOU FOR THE SERVICES OR, IN THE EVENT THAT ADBLOCK HAS MADE THE SERVICES AVAILABLE TO YOU WITHOUT CHARGE, ADBLOCK’S TOTAL LIABILITY WILL BE LIMITED TO $50. IN NO EVENT WILL ADBLOCK BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, DAMAGES ARISING OUT OF LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE, OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ADBLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  10. Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Extension nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  11. Third Party Hardware and Software. You acknowledge and agree that AdBlock is not responsible for any hardware or other software required to access and use the Services, including, without limitation, any loss or corruption of data or any other loss or damage of any kind arising from your use of such hardware or software.
  12. Changes to Agreement Terms. We may modify this Agreement at any time. If we do so, we’ll let you know either by providing you a notification of the modified terms of the Agreement through the Extension or through other communications. It’s important that you review the terms of this Agreement whenever we modify them because if you continue to use the Services after we have notified you of such modified terms, you are indicating to us that you agree to be bound by the modified terms. If you don’t agree to be bound by the modified terms, then you may not use the Services anymore.
  13. Dispute Resolution.

    Our goal is to provide you with a great product, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and AdBlock both agree to resolve disputes related to your use of the Services or this Agreement (each, a “Claim”) in binding arbitration instead of court, except that a Claim may be brought in small claims court if it qualifies for it. You and AdBlock also agree that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.

    • What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
    • Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
    • What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
    • How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
    • How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to info@getadblock.com. If we request arbitration against you, we will give you notice at the email address or street address you provided.
    • INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at info@getadblock.com. You must opt-out within 30 days of the date you first agree to this Agreement or any updates to this Agreement.

    This Dispute Resolution section only applies to Claims between AdBlock and individual consumers, and is governed by The Federal Arbitration Act.

  14. General. This Agreement will be governed by California law. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement without AdBlock’s prior written consent. AdBlock may freely assign this Agreement. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and AdBlock have executed a separate agreement.
  15. Notice. All notices or approvals given by AdBlock under this Agreement will be communicated to you via notification through the Extension or through other communications. All notices or approvals given by you under this Agreement will be communicated to AdBlock by email at info@getadblock.com.
  16. Feedback. Your feedback and comments and suggestions for improvements to the Extension or Services (collectively, “Feedback”) are welcome. You acknowledge and agree that all Feedback will be the sole and exclusive property of AdBlock. You hereby assign to AdBlock, and agree to assign to AdBlock, all of your right, title and interest in and to all Feedback, including all intellectual property rights therein. At AdBlock’s request and expense, you will execute documents and take such further acts as AdBlock may reasonably request to assist AdBlock to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
  17. Contact Information. If you have any questions regarding this Agreement, you may contact AdBlock at info@getadblock.com