End-User License Agreement

Inventory Tracker App Customer Agreement

Please review the terms and conditions of the Flamingo Travels Inc. Agreement (the “Agreement”). By accessing and installing the Inventory Tracker App software application (the “Inventory Tracker App Software”), you acknowledge that you have read the Agreement set forth below and agree to abide by and be bound to this Agreement. As used in this Agreement, “Inventory Tracker App” means Flamingo Travels Inc., a C Corp Company.

For purposes of this Agreement, “you” means both you, as an individual and customer, and the company that you represent (the “Company”). You represent and warrant that you have the requisite authority to bind the Company to this Agreement. “We” or “Our” or “Us” means Inventory Tracker App. If you do not agree with the terms of this Agreement, then you will not be able to access the Inventory Tracker App Software and you should exit the application.

Inventory Tracker App Software

The Inventory Tracker App Software is an application that empowers your business with retail insights regarding inventory control. From time-to-time, Inventory Tracker App may add additional complementary features and functionality at its sole discretion. This Agreement governs your use of the Inventory Tracker App Software, as well as any content or applications that may be made available to you now or in the future through the Inventory Tracker App Software. The Inventory Tracker App Software is owned by Inventory Tracker App. Inventory Tracker App retains titles and all other ownership and intellectual property rights in and to the Inventory Tracker App Software, including but not limited to its source code, object code, application programming interfaces, documentation, data, information, trademarks, service marks, and trade secrets. You must only access to the Inventory Tracker App Software in accordance with this Agreement.

License Grant

Upon the payment of the applicable fees and subject to your compliance with all of the terms and conditions of this Agreement, Inventory Tracker App grants to you a limited, non-exclusive, non-transferable license to access and use the Inventory Tracker App Software during the term only for your internal business purposes (the “License”). The Inventory Tracker App Software is licensed and not sold to you by Inventory Tracker App. You will not acquire any ownership interest in the Inventory Tracker App Software under this Agreement.

Authorized Users

As an administrator of the Inventory Tracker App Software, you have the ability to add users to the Inventory Tracker App Software at your discretion. All users must accept the End-User License Agreement of use prior to accessing the Inventory Tracker App Software (the “EULA”). If a user does not agree with the EULA, then the user must exit and will not be permitted to use the Inventory Tracker App Software. If you set up a user to receive notifications from the Inventory Tracker App Software (and not to actually access the Inventory Tracker App Software), then you must provide the user with a hard copy of the EULA and you are responsible for ensuring that they agree to comply and maintain compliance with the terms of the EULA. Subject to the use restrictions contained in this Agreement and the EULA, for each authorized location, you may permit an unlimited number of users who have accepted the EULA to access and use the Inventory Tracker App Software (each, an “Authorized User”). The EULA is incorporated by reference into this Agreement. You and the Company that you represent are responsible for: (i) your own conduct when accessing the Inventory Tracker App Software; and (ii) actions of any person accessing the Inventory Tracker App Software or interacting with the Inventory Tracker App Software through a name, phone number, email address or username.

Use Restrictions

You must not and must not allow any other person to do or attempt to do any of the following: (a) use the Inventory Tracker App Software for any unlawful purpose; (b) make the Inventory Tracker App Software available to any unauthorized third party or use the Inventory Tracker App Software if you or any user is a competitor of Inventory Tracker App; (c) use the Inventory Tracker App Software to copy or create derivative works or competitive products to the Inventory Tracker App Software; (d) circumvent any technology measures that control access to or violate the security of the Inventory Tracker App Software; (e) post, transmit, distribute, or infect the Inventory Tracker App Software with viruses or other harmful code; (f) use the Inventory Tracker App Software in any manner that violates or diminishes the rights of Inventory Tracker App; and (g) use the Inventory Tracker App Software to benefit any party other than you and the Company you represent.

Term and Termination

The “Term” begins on the date you accept the EULA and ends on the Termination Date. You may choose to cancel your services at any time (the “Termination Date”). Inventory Tracker App may suspend your license or access to the Inventory Tracker App Software at any time if it determines that you are violating the Agreement or you are taking or facilitating any action that puts Inventory Tracker App, its customers, its systems, or its data at risk in any manner. Inventory Tracker App may provide you with a 10-day period to cure any alleged violations, but has no obligation to allow you to access to the Inventory Tracker App Software during this period. If you fail to cure any alleged violation within the cure period or if the violation is not capable of being cured, then Inventory Tracker App may terminate your access to the Inventory Tracker App Software. Inventory Tracker App may also terminate your License or access to the Inventory Tracker App Software at any time by providing you with written notice (which may be via email) if it determines in its sole discretion that it can no longer service your account for any reason. In the event of any termination (whether by you or by Inventory Tracker App), no refund of pre-paid fees will be provided.

Configuration and Setup

Inventory Tracker App is not responsible for configuring or setting up your Inventory Tracker App Software. Upon first login as the administrator (the “Administrator”), you will have Administrator rights which will allow you to configure and setup the Inventory Tracker App Software to meet your specifications. Inventory Tracker App will provide general online training and content online to address setup and day-to-day operational use of the Inventory Tracker App Software. You are solely responsible for ensuring that your Authorized Users are set up correctly in the Inventory Tracker App Software to only allow them to view and access pertinent information. If you have additional questions concerning your configuration and set up, please contact your Inventory Tracker App customer service center, at invtrackerfcg@gmail.com.

Text and Email Messaging

As an optional feature, you can configure the Inventory Tracker App Software to alert you or your Authorized Users via email messages. You or your Authorized Users are responsible for any text messaging fees or data fees assessed through your communications provider. The subscription fees do not include text messaging fees or data fees that may be assessed through your communications provider.

Third-Party Content

The Inventory Tracker App Software may contain components or content or links to information (collectively, “Third Party Content”) owned by other third parties (each, a “Third Party Provider”). Third Party Providers retain rights, title, and interest in and to their Third-Party Content. Use of any Third-Party Content provided through or embedded in the Inventory Tracker App Software may be subject to additional terms and conditions provided by each Third-Party Provider. These additional terms and conditions will be passed through to you via the EULA or provided to you directly by the Third-Party Provider.

User Content

You own any data or information you submit through the Inventory Tracker App Software, including any data submitted through the Inventory Tracker App Software by your Authorized Users (collectively, the “User Content”). You are responsible for determining the accuracy of any User Content. By using the Inventory Tracker App Software, you are granting Inventory Tracker App a worldwide, perpetual, irrevocable license to use, disclose, store, host, modify, access, publish, and distribute the User Content (the “Content License”), for Inventory Tracker App’s business purposes. The Content License may be used for operating, promoting, and improving the Inventory Tracker App Software and developing new products in the future. From time-to-time, Inventory Tracker App may disclose User Content to third parties. This may be in response to an inquiry by a government or regulatory body or in response to request from a current or former Authorized User. Inventory Tracker App may disclose User Content upon request to third parties in its sole discretion, with or without notice to you.

Navigational Data

From time-to-time, Inventory Tracker App may also use technical methods to track and analyze traffic patterns inside the Inventory Tracker App Software, such as the frequency with which you and Authorized Users are visiting various parts of the Inventory Tracker App Software. Inventory Tracker App may also use tools to measure and collect session information, including page response time, download errors, length of visits, etc. (collectively, “Navigational Data”). Inventory Tracker App may use this information or employ a third party to help Inventory Tracker App analyze this information to measure site activity, develop new ideas for improving the Inventory Tracker App Software or for other business purposes. Inventory Tracker App solely owns any and all Navigational Data.

Data Storage and Security

The Inventory Tracker App Software accesses and transfers information over the internet and other third party networks. Inventory Tracker App does not control or operate the internet or third party networks and as such, the Inventory Tracker App Software from time-to-time may be subject to viruses, worms, or other undesirable data or software or unauthorized access by hackers or other unauthorized users. In addition, the Inventory Tracker App Software may contain errors that cause it to inadvertently disclose User Content to unintended parties. Inventory Tracker App will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid any such events, but Inventory Tracker App does not warrant or guarantee that data breaches will not occur. Inventory Tracker App recommends that you back up and store any and all User Content. Inventory Tracker App is not liable to you in the event of any data breach or data loss.

Feedback

From time-to-time, Inventory Tracker App may seek or you may offer comments, input, or ideas regarding your use of the Inventory Tracker App Software or the Inventory Tracker App Software’s features and functionality generally (collectively, “Feedback”). Inventory Tracker App welcomes your Feedback regarding the Inventory Tracker App Software. Any Feedback that you give to us (either oral or written) is Inventory Tracker App’s exclusive property. You hereby assign and your submission of any Feedback constitutes an assignment to Inventory Tracker App of all rights, title, and interest in all copyrights or intellectual property rights in the Feedback. Inventory Tracker App may use, distribute, manipulate, disclose, publish, or reproduce any Feedback related to you use of the Inventory Tracker App Software without notice or compensation to you.

Confidentiality

“Confidential Information” means all information and data regarding Inventory Tracker App or the Inventory Tracker App Software that is identified as confidential or proprietary or that you should reasonably know is confidential. You must not disclose Confidential Information to third parties and you must protect any Confidential Information with the same degree of care as you use to protect your own Confidential Information, but in no event less than a reasonable degree of care.

Limited Warranties and Disclaimers

The Inventory Tracker App Software is provided to you “as-is” and “as available”. Inventory Tracker App specifically does not represent and warrant that the Inventory Tracker App Software is error-free or that there will not be any disruption of your use of the Inventory Tracker App Software during the term. Inventory Tracker App does not make any specific representations or warranties related to the security, availability, accuracy, reliability, completeness, or suitability of the Inventory Tracker App Software for your specific needs. You are solely and fully responsible for your reliance on and use of any data or information provided to you through the Inventory Tracker App software, including ensuring that you and the company you represent are compliant with any federal, state, or local laws or regulations. To the maximum extent permitted by law, Inventory Tracker App disclaims all express, statutory, or implied warranties, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, non-infringement, and warranties arising from a course of dealing, usage or trade practice.

Disclaimers Related to Notification Delays

Inventory Tracker App is not liable to you for any email or text messaging delays or errors. By using the Inventory Tracker App Software, you acknowledge that email communications and other notifications may from time-to-time be delayed or intercepted by third parties. It is ultimately your responsibility to ensure that you and your Authorized Users are receiving all of the necessary notifications and that notifications are accurate. Inventory Tracker App will not be liable for any events or circumstances outside of Inventory Tracker App’s commercially reasonable control, including any malfunctions, errors, or defects.

Limitation of Liability

The total liability of Inventory Tracker App and our respective employees, contractors, officers, directors, and agents, for any and all claims arising under this agreement or the Inventory Tracker App software, is limited in the aggregate to the amount actually paid by you and received by Inventory Tracker App for the Inventory Tracker App software in the month immediately preceding the claim. The existence of more than one claim will not expand this amount. Inventory Tracker App disclaims all liability for any consequential, indirect, exemplary, punitive, or special damages. Under no circumstance will Inventory Tracker App be liable for any delays in service, loss or disclosure of user content, lost profits, or the like. All claims must be brought within 60 days after the claim arises or the claim will be barred.

Indemnification

You and the Company you represent will defend, indemnify, and hold harmless Inventory Tracker App and its respective employees, contractors, officers, directors, and agents from and against all liabilities, claims, and expenses, including attorney’s fees, that arise from or are related to: (a) your or your Authorized User’s use or misuse of the Inventory Tracker App Software; (b) any User Content; (c) any violation of this Agreement; and (d) any dispute related to your Authorized Users. Inventory Tracker App reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Inventory Tracker App in asserting any available defenses.

Infringement

If the Inventory Tracker App Software or any portion of the Inventory Tracker App Software becomes, or in Inventory Tracker App’s opinion is likely to become, subject to an infringement claim, then Inventory Tracker App may, at its sole option and expense, take any of the following steps to avoid or mitigate any potential losses: (a) procure a license for you to continue using the Inventory Tracker App Software; (b) modify or replace the Inventory Tracker App Software with functionally equivalent software; or (c) notify you in writing to cease using the Inventory Tracker App Software (the “Notification Date”). Upon notification, Inventory Tracker App will also provide you with a refund of any prepaid Subscription Fees for services not provided after the Notification Date. This section sets forth Inventory Tracker App’s sole liability and entire obligation and your exclusive remedy for any action related to the Inventory Tracker App Software and any allegation of infringement.

Publicity

You grant to Inventory Tracker App the right and license to use your name and logo for the limited purpose of identifying you as a customer of the Inventory Tracker App Software on its Website and in its promotional materials, such as press releases. You may provide Inventory Tracker App with written notification at any time if you would like to remove your name and logo from our materials. Inventory Tracker App will complete such removal within 15 business days after request.

Compliance with Laws

In using the Inventory Tracker App Software, you must comply at all times with all applicable laws, rules, and regulations. You agree that you will not transfer or export the Inventory Tracker App Software into any country or use the Inventory Tracker App Software in any manner prohibited by the U.S. Export Administration Regulations or any other applicable export control law, restriction, or regulation.

No Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Inventory Tracker App as a result of this Agreement or your use of or access to the Inventory Tracker App Software.

Assignment

You may not assign, sublicense or otherwise transfer any of your rights hereunder, nor delegate any of your duties hereunder. Inventory Tracker App may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to you.

Enforceability

If any provisions of this Agreement are found to be invalid or unenforceable for any reason, such provision must be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability, and the remainder will continue in full force and effect.

No Waiver

No waiver by Inventory Tracker App under this Agreement will be valid or binding unless set forth in writing and duly executed by Inventory Tracker App. Any such waiver constitutes a waiver only with respect to the specific matter described therein and in no way impairs the rights of Inventory Tracker App in any other respect or at any other time.

Notices

The legal representative of Inventory Tracker App is Flamingo Travels Inc. invtrackerfcg@gmail.com.

Any questions, comments, or legal notices regarding this Agreement or the Inventory Tracker App Software must be sent by a mail delivery system that can be tracked to the above address. You authorize Inventory Tracker App to notify you via email to the email and physical address associated with your user name and password or Authorized Locations.

Governing Law and Jurisdiction

The laws of the State of Washington govern this Agreement. You agree that any legal action relating to these Terms of Use may take place only in Seattle, Washington and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with Inventory Tracker App and waive trial by jury in any such action.

Headings

The headings in this Agreement are inserted merely for the purpose of convenience and will not affect the meaning or interpretation of this Agreement.

Entire Agreement

This Agreement (including the EULA) constitutes the entire agreement between Inventory Tracker App and you (including the Company you represent) with respect to your rights to access and use the Inventory Tracker App Software.