Contents

Terms of Service

Agreement between User and Awayster App and Awayster.com

Welcome to the Awayster App and Awayster.com. The Awayster mobile application and Awayster.com website ("Awayster," "we," or "us") are owned and operated by Awayster, LLC.

Awayster is a digital engagement platform designed to support neurodivergent individuals, caregivers, families, educators, clinicians, and other authorized users by providing tools that promote planning, organization, regulation, communication, community engagement, progress tracking, and independence.

Depending on your subscription level and available features, Awayster may provide personalized activity planning, digital profiles, accommodations management, quests and goal tracking, community features, scheduling tools, progress reporting, wearable integrations, artificial intelligence features, provider collaboration tools, and integrations with third-party services.

Awayster does not provide medical, behavioral, psychological, educational, or legal advice and should not be relied upon as a substitute for licensed professional services.

Some features may connect with third-party applications or services. Awayster does not process transactions performed by third-party providers unless explicitly stated within the applicable feature.

Privacy

Your use of Awayster is subject to our Privacy Policy. Please review our Privacy Policy for more information regarding your data, which also governs the website and App, and informs users of our data collection practices.

Electronic Communications

Using Awayster or sending emails to Awayster constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website and mobile application, satisfy any legal requirement that such communications be in writing.

Your Account

Your Awayster account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an Awayster account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to Awayster with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account without permission.

When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Awayster immediately of any breach of security or unauthorized use of your account.

Awayster will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Awayster your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Children Under Sixteen

Awayster does not knowingly collect, either online or offline, personal information (as defined by the Children Online Privacy Protection Act) from persons under the age of sixteen. If the user is younger than sixteen, they are not permitted to create an Awayster account and use paid features or subscription services. By signing up and creating an account, the user confirms that they are at least sixteen years of age.

Links to Third Party Sites/Third Party Services

Awayster contains links to other websites and online platforms ("Partner Sites"). The Partner Sites are not under the control of Awayster and Awayster is not responsible for the contents of any Partner Site, including without limitation any link contained in a Partner Site, or any changes or updates to a Partner Site. Awayster is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Awayster of the site or any association with its operators. Certain services made available using Awayster are delivered by third party sites and organizations. By using any product, service or functionality originating from the Awayster mobile application and Awayster.com domain, you hereby acknowledge and consent that Awayster may share such information and data with any third party with whom Awayster has a contractual relationship to provide the requested product, service or functionality on behalf of Awayster mobile application and Awayster.com users and customers.

Cancellation/Refund Policy

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds. For bookings made via a provided portal on Awayster App, such as Booking.com or Expedia, you must refer to that providers documentation for their applicable policies and terms and conditions.

No Unlawful or Prohibited Use/Intellectual Property

Awayster is protected under trademark laws of the United States. You are granted a non-exclusive, non-transferable, revocable license to access and use Awayster strictly in accordance with these terms of use. As a condition of your use of the App, you warrant to Awayster that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the App or website, or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App and website, is the property of Awayster or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You agree, by using the App, to not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Awayster content is not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you agree to not delete or alter any proprietary rights or attribution notices in any content. You are to use protected content solely for your personal use, and will make no other use of the content without the express written permission of Awayster and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Awayster or our licensors except as expressly authorized by these Terms, unless Awayster provides you with an authorized exception.

Use of Communication Services

The App may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Awayster has no obligation to monitor the Communication Services. However, Awayster reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Awayster reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Awayster reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Awayster's sole discretion. Always use caution when giving out any personally identifying information about yourself or your family in any Communication Service. Awayster may endorse the content, messages or information found in any Communication Service and, however, unless endorsed, Awayster specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Awayster spokespersons, unless explicitly specified, and their views do not necessarily reflect those of Awayster. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Awayster App and Awayster.com or Posted on Any Awayster Web Page and Mobile Application

Awayster does not claim ownership of the materials you provide to Awayster App mobile application and Awayster.com website (including feedback and suggestions) or post, upload, input or submit to any Awayster Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Awayster, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Awayster is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Awayster's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

Awayster may contain links to third-party websites, applications, devices, providers, or online services ("Third-Party Services"). These Third-Party Services are not owned or controlled by Awayster. We are not responsible for their content, privacy practices, availability, products, or services. Your use of any Third-Party Service is governed solely by that provider's terms and policies.

International Users

The Service is controlled, operated and administered by Awayster from our offices within the United States of America ("USA"). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Awayster Content accessed through Awayster.com and mobile application in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Awayster, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Awayster reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Awayster in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Awayster agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AWAYSTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. AWAYSTER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AWAYSTER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AWAYSTER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AWAYSTER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND MOBILE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND MOBILE APPLICATION.

Termination/Access Restriction

Awayster reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Awayster as a result of this agreement or use of the App. Awayster's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Awayster's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Awayster with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Awayster with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Awayster with respect to the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Awayster reserves the right, in its sole discretion, to change the Terms under which Awayster App and Awayster.com is offered. The most current version of the Terms will supersede all previous versions. Awayster encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Awayster welcomes your questions or comments regarding the Terms of Service: support@Awayster.com