STARS BY PATHMAZING

TERMS OF USE

GENERAL CONDITIONS

These Terms of Use affect your legal rights and obligations and govern your use of the STARS by Pathmazing (“App”) and provide information about the STARS Service as outlined below. When you (“You” or “Customer”) create an APP account or you download, access or use the App or the Pathmazing website at https://www.pathmazing.com/ and/or any other related services or applications made available by Pathmazing (collectively, "Service"), you agree to be bound by these Terms of Use which also incorporate the Pathmazing privacy policy and all other operating rules, policies and procedures that may be published from time to time on the Pathmazing website, each of which is incorporated by reference and each of which may be updated by Pathmazing from time to time without notice to you. The Service is owned or controlled by Pathmazing Inc. (“Pathmazing”). In addition, some services offered through the Service may be subject to additional terms and conditions specified by Pathmazing from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference.

These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information and other materials or services on the Pathmazing website, individual users of the Service, venues that access the Service and users that have a page on the Service. You represent that you have the authority to enter into these terms. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

We reserve the right at any time to change these Terms of Use without any prior notice. Please carefully review the Terms of Use below.

OVERVIEW OF THE STARS SERVICE

The APP is an innovative HR tool and workplace gamification App available for download on the App Store and Google Play that aims to increase employee engagement and productivity with a rewards and loyalty program. The incentives will be awarded by managers but ultimately controlled by the employees/users with the ability to provide feedback. The App will include a rewards program, auction gamification, Attendance Management and Calendar Management.

LICENSE TO USE AND SUBSCRIPTION

STARS hereby grants you a non-exclusive, non-transferable, revocable license to use the Service solely for your personal, non-commercial use only on your smartphones as allowed by and in compliance with the applicable platform terms. If you are subscribing and/or using the Service on behalf of a legal entity, you represent that you are authorized to do so.

In the event of a breach of these Terms of Use, Pathmazing will be entitled to terminate your subscription and revoke all access to the Service immediately. At our sole discretion, we reserve the right to refuse access to the Service to any user for any cause, including for any violation of these Terms of Use.

You hereby agree that Pathmazing may include any advertising and promotions on the Service in our sole discretion. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

RULES GOVERNING USE OF THE SERVICE

You must be at least 18 (Eighteen) years old to register, access and use the Service. If you sign up for the Service, you must create a personalized account that requires a unique username and password to access the Service. You represent that all of the information you provide to Pathmazing upon creation of your account is true and accurate, and that you will update such information as necessary to maintain its truth and accuracy. You are responsible for keeping your login credentials secret and secure. You are responsible for your account and any activity that occur through your account. You agree not to sell, license, assign or transfer your account. You consent to immediately inform us of any unauthorized use of your password and/or account.

We do not promise that the Service will be fault-free and we take no responsibility for any such defects, mistakes or omissions made at your end and/or by you. Amendments and modifications addressing new functions for the Service or changes made for legal reasons shall take effect immediately when posted on the website or App. By continuing to access or use the Service after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Use. We reserve the right to change, alter, substitute, suspend or terminate any App or Service feature at any time without notice and without liability to you.

SUBSCRIPTION FEES

We reserve the right to increase the subscription fee for the Service upon 30 (Thirty) days’ notice to you via an amendment to these Terms of Use on the App Store or Google Play or upon notification on the App, our preferred communication channels, with any such increase to then take effect on the first Renewal Date following the end date of such notice period.

POSTING AND CONDUCT RESTRICTIONS

All data, text, files, location information, comments, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content”) that are transmitted via the Service are the responsibility of the originator of such Content and Pathmazing has no capability or obligation whatsoever to ensure the accuracy or authenticity of any such Content or to monitor, edit or remove any Content. Pathmazing does not claim ownership of any Content.

For any Content that you post, share or publish via the Service, you hereby grant Pathmazing a non-exclusive, transferable, sub-licensable, fully paid and royalty-free, worldwide license to use, reproduce, modify, publish, translate, sell, transmit, distribute, prepare derivative works of or display such Content. You hereby represent and warrant that you own or have the appropriate license for all of the Content you post, distribute or publish on the Service, and that such Content does not infringe on the intellectual property or other rights of any third parties. You will not post content to the App or the Pathmazing website that is discriminatory, hateful or threatening; that contains graphic or gratuitous violence or incites violence; or that is pornographic or sexually suggestive or contains nudity of any kind. You agree to indemnify Pathmazing for any losses, claims or damages that result from your unauthorized use of third party Content.

You acknowledge and agree that you access any Content at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We authorize you to use the Service, subject to the following Terms of Use relating to the Content. You accept that failure to comply with any of the above constitutes a substantive violation of these Terms of Use.

You acknowledge and understand that any liability, loss or harm arising from the use of any Content you provide or access by your use of the Service is your sole responsibility.

PROHIBITED USES AND USER OBLIGATIONS

You agree not to use the App in any manner that:

Is unconstitutional, illegal or unauthorized;
Promotes discrimination on grounds of race, sex, faith, nationality, disability, sexual orientation or age; or
Disrupts our Service in any way.

Furthermore, you will not:

Solicit other users’ login information or attempt to access an account belonging to someone else;
Collect other users' content or information, or access the Service using automated means (such as harvesting bots, robots, spiders or scrapers);
Defame, bully, intimidate, harass, threaten or impersonate any user, and you will not display your or any other user’s confidential or private information using the Service;
Offer any contest, giveaway or sweepstakes using the Service without our prior written consent;
Do anything that could disable, overburden or impair the proper working of the Service, such as a denial of service attack. You will not upload viruses or other malicious code;
Put yourself or anyone else in danger while using the Service (this includes, without limitation, during the completion of tasks within the App); and
Facilitate or encourage any violations of these Terms of Use.

INTELLECTUAL PROPERTY

The Service contains documents, photos, illustrations, artwork and other graphic materials, titles, logos and trademarks on the App, web admin and other Content specifically provided by Pathmazing or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. Such Content may not be copied, replicated, retransmitted, distributed, disseminated, sold, printed, broadcast or circulated, in whole or in part, unless we and/or our proprietary licensors, approve the use. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Service. You accept and consent that all intellectual property rights of any kind relating to the Service, including relevant copyrights, trademarks and other exclusive rights, are held by us and other proprietary licensors.

PRIVACY POLICY

Providing our Service requires collecting and using your information, by accessing and continuing to use the Service provided, you are deemed to have accepted this privacy policy and, in particular, to have consented to our use and disclosure of your personal and company information. We reserve the right to periodically change this privacy policy. If you disagree with any aspect of this privacy policy, you must cancel your subscription and discontinue use of the Service immediately. We have created this privacy policy to help you understand how we collect, use, communicate and reveal your personal information when you use the Services:

We will only collect and use personal information to serve those purposes defined by us and for other appropriate purposes, unless we obtain the consent of the individual concerned or as permitted by law.
Personal information should be appropriate to the purposes for which it is to be used and should be reliable, full and up-to-date to the degree required for such purposes.
We will protect personal information against loss or misuse through fair security protections, as well as unauthorized access, posting, copying, reuse or alteration.
We will retain personal information only for as long as it is necessary to serve those purposes.

CUSTOMER DATA AND SECURITY POLICY

Pathmazing agrees to maintain reasonable technical and organizational measures to secure its systems from unauthorized disclosures or modifications. Pathmazing’s security measures include:

Backend API Security
Backend Cloud server security
Database access security
Data Security
Authentication Security
Web Application Security
Database Backup
Mobile Application Security

Notwithstanding the foregoing, to the fullest extent permitted by applicable law, Pathmazing offers no guarantee the security of your information at any time and Pathmazing excludes all liability to you for any damages or loss from any data loss, damage or misappropriation under any circumstances. We recommend that you maintain backups of all data inputted on the platform. Furthermore, Pathmazing is not responsible for the actions, content, information or data of third parties, and you hereby release us, our members, officers, employees and agents from any potential claims or damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

THIRD PARTY PRODUCTS AND INTEGRATIONS

If you use third-party products in connection with the App or the Service, those products may make third-party content available to you and may access your credentials on the Service, including your data. Pathmazing does not warrant or support third-party products and disclaims all responsibility and liability for these items and their access to the STARS or the Service, including their modification, deletion, disclosure or collection of your data. Pathmazing is not responsible in any way for your data once it is transmitted, copied or removed from the Service by you or under your direction.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER PATHMAZING NOR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND/OR CONTENT PROVIDERS WILL BE LIABLE TO YOU UNDER TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), AS A RESULT OF YOUR USE OF THE SERVICE.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PATHMAZING'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY PATHMAZING, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY PATHMAZING.

SUSPENSION AND TERMINATION

We can suspend your use of the Service if you use the Service in contravention of these Terms of Use. We may refuse to restore the Service for your use until we obtain assurance from you, in a form we find appropriate, that the provisions of these Terms of Use will not be infringed any further.

INDEMNIFICATION AND WARRANTIES

You warrant and represent that you are eligible for subscription of the App and you agree to defend and indemnify Pathmazing from and against any and all third-party claims and liabilities resulting from misappropriation, loss of or damage to your data. You agree not to settle any claim without Pathmazing’s prior written consent if the settlement would require Pathmazing to admit fault, pay amounts that you must pay under these Terms of Use, or that requires Pathmazing to take or refrain from taking any action. Pathmazing may participate in a claim through counsel of its own choosing at its own expense and you and Pathmazing will reasonably cooperate on the defense.

DISCLAIMERS

The App and the Service are provided on “as is” and on an “as available” basis. Pathmazing makes no warranties, express or implied, statutory or otherwise, that the Services will meet your requirements or expectations, that your data will be accurate, complete or preserved without loss, or that the Services will be error-free. You acknowledge and agree that Pathmazing has no control over third-party content and the data and information you provide is at your own risk.

Pathmazing will use reasonable skill and care in providing our Service to you, but we cannot guarantee that our Service will always function without disruptions, delays or imperfections. Provided that the Service is provided with reasonable skill and care, Pathmazing does not accept responsibility for: losses not caused by our breach of these Terms of Use; losses which are not reasonably foreseeable by the Customer and us at the time of entering into these Terms of Use; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond reasonable control.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Pathmazing and governs your use of the Service, superseding any prior agreements between you and Pathmazing. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Pathmazing. Any purported assignment or delegation by you without the appropriate prior written consent of Pathmazing will be null and void. Pathmazing may assign these Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

GOVERNING LAW

These Terms of Use shall be governed in accordance with the laws of the Kingdom of Cambodia. Both the Customer and Pathmazing agree that all disputes, claims or proceedings arising in relation to these Terms of Use shall be submitted to arbitration at the National Commercial Arbitration Centre of Cambodia for a final and binding arbitral award.

GENERAL TERMS

The Customer may not transfer or assign rights or obligations under these Terms of Use without Pathmazing’s consent. If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable during arbitration or by a court of competent jurisdiction, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use shall remain in full force and effect. Any failure on our part to enforce any of these Terms of Use will not be considered a waiver of our right to enforce it. Our rights under these Terms of Use shall survive any transition or termination thereof.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.

STARS, Inc. All other brand and product names are trademarks or registered

trademarks of their respective holders.