PayMe Terms of Service

Welcome to Control. Alt. Delete. LLC ("PayMe"). These Terms of Use ("Terms") and our Privacy Policy ("Privacy Policy") govern your use of PayMe's web-based applications and software ("App"), so please read them carefully.

The App may provide you with one or more features or services in connection with identifying potential payments and money that may be owed to you from various sources, including class action settlements, subscriptions, refunds, and other payment opportunities, and facilitating the claiming or collection of such payments. Some opportunities displayed in the App may relate to pending litigation that has not yet resulted in a settlement; there is no guarantee that any pending case will result in a settlement or that you will receive any payment. You are never required to use PayMe or any claims filing service to submit a claim—you may always file claims directly with settlement administrators or claims administrators at no cost through their official websites. The App and the features and services provided through the App are collectively called the "Services" throughout these Terms.

Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.

Privacy Policy. Our Privacy Policy describes how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. By using the Services, you consent to receive communications from us, including via email, push notifications, text messages, and in-app messages, regarding the Services, your Account, claim opportunities, security updates, and other service-related announcements. You may opt out of promotional communications at any time through your Account settings, but you cannot opt out of receiving critical service-related communications.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PAYME THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

Information Sharing and Lead Generation; No Attorney-Client Relationship

By using the Services, you acknowledge and agree to the following:

(a) Information Sharing with Third Parties. PayMe may share your personal information, including your contact information and information about potential legal claims or settlements for which you may be eligible, with third parties including law firms, legal service providers, and lead generation companies ("Legal Partners"). PayMe may receive compensation from Legal Partners for providing your information. Legal Partners may contact you regarding legal services, class action lawsuits, or other legal matters.

(b) No Attorney-Client Relationship. PayMe is not a law firm and does not provide legal advice or legal representation. Providing information through the Services does not establish an attorney-client relationship between you and PayMe, or between you and any law firm or Legal Partner.

(c) No Expectation of Confidentiality. You should have no expectation that information you provide through the Services will be kept confidential. Information you provide may be shared with Legal Partners, settlement administrators, lead generation companies, and other third parties as described in these Terms and the Privacy Policy.

(d) Consent to Sharing. By using the Services, you consent to PayMe sharing your information with Legal Partners and other third parties as described herein. If you do not consent to such sharing, you should not use the Services.

Claims Filing; Optional Service; Direct Filing

You acknowledge and agree that:

(a) Optional Service. Using PayMe to identify or file claims is entirely optional. You are never required to use PayMe or any claims filing service.

(b) Free Direct Filing. You may always file claims directly with settlement administrators or claims administrators through their official websites at no cost. Settlement administrators are required to accept claims submitted directly by class members.

(c) No Advantage. Filing a claim through PayMe does not provide any advantage in the claims review process, does not increase your likelihood of receiving payment, and does not increase the amount you may receive compared to filing directly with the settlement administrator.

(d) Your Choice. By using PayMe's Services and paying any applicable fees, you are choosing to use PayMe's convenience services rather than filing claims directly. This choice is yours alone, and PayMe encourages you to consider whether the convenience of our Services is worth any applicable fees given that direct filing is available at no cost.

Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by notifying you through the App or other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services?

Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with PayMe and are not barred from using the Services under applicable law.

Registration and Your Information. In order to use the Services, you'll need an account ("Account"). You agree to keep your Account information accurate, complete and up-to-date at all times. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.

Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content Ownership, Responsibility and Removal

Our Content Ownership. PayMe does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, PayMe and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.

Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to PayMe a non-exclusive, transferable, worldwide, royalty-free license, with the right to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with operating and providing the Services.

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.

Rights and Terms for Apps

App License. If you comply with these Terms, PayMe grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal devices and to run the App solely for your own personal non-commercial purposes.

Additional Information: Apple App Store. Apple has no obligation to furnish any maintenance and support services with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof.

General Prohibitions

You agree not to do any of the following:

• Make changes to the App without PayMe's express written consent;
• Reverse engineer, rent, lease, loan, resell, copy, replicate, distribute, modify or recreate the App;
• Attempt to interfere with or disrupt the Services;
• Allow access to or use of the Services by anyone other than authorized personnel;
• Permit any third party to do any of the foregoing.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources. You are never required to use PayMe to file a claim. You may always file claims directly with settlement administrators or claims administrators through their official websites at no cost.

Fees and Payment

(a) Fees and Payment. Certain features of the Services may be provided for a fee or other charge ("Fees"). You agree to pay all applicable Fees in connection with your use of such Services. PayMe reserves the right to change its pricing at any time, provided that we will give you advance notice of any such pricing changes.

(b) Subscriptions. Some features of the Services may be offered on a subscription basis. Subscription Fees will be charged on a recurring basis and will be billed in advance on each billing cycle date. You may cancel your subscription at any time through your Account settings or by contacting us at help@kineticapps.io.

(c) Service Fees. In addition to any Subscription Fees, PayMe may charge service fees in connection with facilitating your submission and collection of claims. The applicable Service Fees will be disclosed to you before you authorize PayMe to facilitate any claim submission or payment collection on your behalf.

(d) Free Trials and Promotions. PayMe may offer free trials or promotional pricing for certain Services from time to time. At the end of the free trial period, you will automatically be charged the then-current subscription price unless you cancel before the end of the trial period.

(e) Refunds. Except as required by applicable law, all Fees paid to PayMe are non-refundable. However, if you purchased a subscription directly from PayMe, cancel within thirty (30) days of your initial purchase, and request a refund by emailing us at help@kineticapps.io within five (5) days of cancelling, PayMe will provide you with a full refund of your initial subscription payment.

(f) Taxes. Unless otherwise stated, all Fees are exclusive of any applicable taxes. You are responsible for paying all Taxes associated with your use of the Services.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at help@kineticapps.io.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY OR REPRESENTATION REGARDING: (A) THE LIKELIHOOD THAT YOU WILL RECEIVE ANY PAYMENT FROM ANY SETTLEMENT OR CLAIM; (B) THE AMOUNT OF ANY PAYMENT YOU MAY RECEIVE; (C) THE TIMING OF ANY PAYMENT; (D) WHETHER ANY PENDING LITIGATION WILL RESULT IN A SETTLEMENT; OR (E) YOUR ELIGIBILITY FOR ANY PARTICULAR SETTLEMENT.

Not a Law Firm; No Attorney-Client Relationship; Important Disclaimers

Not a Law Firm. PayMe is not a law firm, does not provide legal advice or legal representation, and is not acting as your attorney. PayMe provides a technology platform that helps you identify potential class action settlements and facilitates the submission of claims.

No Guarantee of Recovery. PAYME DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ELIGIBLE FOR ANY PARTICULAR SETTLEMENT, THAT ANY CLAIM YOU SUBMIT WILL BE APPROVED, OR THAT YOU WILL RECEIVE ANY PARTICULAR PAYOUT AMOUNT.

Free Filing Option. You are never required to use PayMe or any third-party claims filing service to submit a claim for a class action settlement. You may always file claims directly with the settlement administrator at no cost.

Indemnity

You will indemnify and hold harmless PayMe and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER PAYME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.

IN NO EVENT WILL PAYME'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PAYME FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PAYME, AS APPLICABLE.

Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions.

Dispute Resolution

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the use of the Services ("Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and PayMe are each waiving the right to a trial by jury or to participate in a class action.

Exceptions and Opt-out. As limited exceptions: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent the infringement or misappropriation of our intellectual property rights. You may opt out of arbitration by providing written notice to help@kineticapps.io within thirty (30) days following the date you first agree to these Terms.

Class Action Waiver. YOU AND PAYME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

General Terms

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between PayMe and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PayMe and you regarding the Services and Content.

Notices. Any notices or other communications provided by PayMe under these Terms will be given: (i) via email; or (ii) by posting to the Services.

Waiver of Rights. PayMe's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Contact Information. If you have any questions about these Terms or the Services, please contact PayMe at help@kineticapps.io.