Terms & Conditions

Terms of Use - effective date: September 15, 2021

Terms & Conditions last updated: November 8, 2021

These terms of use (“Terms of Use”) are a legal agreement between the user and PreTechnology, a company incorporated in Delaware, USA.

Office address:

609 Greenwich Street

Suite 5 -121

NY, N.Y. 10014

(hereafter referred to as “PreTechnology”) for the use of the MoviePass mobile application (“MoviePass App”) and any website operated by MoviePass including, but not limited to, https://iwantmoviepass.com

These Terms of Use set out important information regarding your rights and obligations in

connection with the MoviePass App and MoviePass website(s). Please read them carefully.

By downloading, installing or using the MoviePass App or accessing the MoviePass website(s), you agree to these Terms of Use.

MoviePass permits the user to use the MoviePass App and MoviePass website(s) solely in accordance with these Terms of Use. PreTechnology retains ownership of the MoviePass App and MoviePass website(s) at all times.

These Terms of Use continue to apply to the use of any updates or changes to the MoviePass App and MoviePass website(s) that may be issued.

**1. Licences granted **

MoviePass grants a non-exclusive, non-transferable, revocable licence to do the following within these Terms of Use (the “Licenses”):

(i) download, install and use the MoviePass App, and any updates to it provided by MoviePass, in object code form for personal use only on a compatible mobile device owned or controlled by the user; and (ii) access and browse the MoviePass website(s) for personal use only.

MoviePass may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice. If any provision of these Terms of Use is breached, such Licences shall automatically terminate. Where any of the Licences are terminated, the user agrees to immediately cease using and accessing the MoviePass website(s) and MoviePass App and to delete the MoviePass App.

2. User age restrictions

The MoviePass App and MoviePass website(s) are not intended for use by children under the age of 18. If discovered that any such use is taking place, immediate termination of relevant user account(s) will occur.

3. Rights to the MoviePass App, MoviePass website(s) and content

All intellectual property rights and other rights in or to the MoviePass App, MoviePass website(s), and any content of either, made available by or on behalf of MoviePass and its licensors, are the property of and remain at all times with MoviePass and its licensors. Save as expressly set out in these Terms of Use, user shall not obtain (i) any rights in or to intellectual property or those of brand affiliates, or (ii) any intellectual property rights and other rights in or to the MoviePass App or MoviePass website(s) or any contents of either. “MoviePass” is the trademark of PreTechnology and PreTechnology holds registered and unregistered trade mark rights in respect to this name.

The MoviePass App and MoviePass website(s) are licensed and not sold under these Terms of Use. The only rights granted to users in relation to the MoviePass App and MoviePass websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership, access to patented technology or right to access or use of any source code related to the MoviePass App or MoviePass website(s) is granted.

Where content is submitted, whatsoever (“Content”) to the MoviePass App or MoviePass website(s), including, but not limited to, any image, text, video or data, all intellectual property rights are retained by the creator that is held of said content. You grant to MoviePass a non-exclusive (unless expressly granted exclusive), worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content for any purpose relating to the MoviePass App, MoviePass website(s) and our business.

MoviePass welcomes any feedback or suggestions for improvements relating to the MoviePass App, MoviePass website(s) (“Feedback”). Where Feedback is provided, the provider agrees that MoviePass shall have a royalty free right to use such Feedback for such purposes as seen fit, including, but not limited to, creating new, or enhancing existing products or services, and for consumer communication or product promotion.

Save as expressly permitted in these Terms of Use, users may not use any content on the MoviePass App or MoviePass website(s) for any commercial purpose without requesting and obtaining written permission from MoviePass to do so first.

4. Use of the MoviePass App

In order to use the MoviePass App, users must create a user account (a “MoviePass Account”). User is responsible for all uses of the personal MoviePass Account whether by user or a third party. Users should ensure that verification of the MoviePass account is held through a strong password and that the details of said password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, MoviePass shall not be liable for any unauthorized use of MoviePass Account resulting from failure to maintain restricted access to a mobile device or a mobile SIM card, the confidentiality or security of user details or failure to use a strong password. Access to MoviePass Account may become restricted or impossible in case of a loss of control over the email and password to which account is registered.

Your MoviePass Account logs details and history of all credits (see section 5) generated by activity and any transfers of credits to or from MoviePass Account. Regularly review MoviePass Account and report any erroneous transaction or unexpected activity believed to be a compromise of the security of MoviePass Account.

Different levels may apply to the MoviePass Accounts of different users and, depending on the membership level, entitlement to generate credits and access to functionality of the MoviePassApp may vary.

Using the MoviePass App enables users to exchange attention for a set value which is added to a virtual Visa card and exchanged for goods and services.

When users redeem goods, services or other benefits, any such transaction is entered into directly between the user and the legal entity making available the relevant goods, services or other benefits.Without limiting the effect of these Terms of Use in any way, transactions taking place from earnings on the MoviePass App are subject to the legal terms of the party offering the relevant goods, services or other benefits. MoviePass is not party to any such transactions save to the extent that we engage in transactions directly.

The user agrees that MoviePass has no responsibility for any goods, services or other benefits offered by any third party. You agree that PreTechnology has no control over and does not guarantee the quality, safety or legality of any goods, services or other benefits outside of the MoviePass App. PreTechnology and our affiliates do not act as agent, contractor, partner or any form of representative for goods and services outside the MoviePass App.

PreTechnology has the right to limit and/or expand the possible redemptions for earnings from the MoviePass App. Offerings may be added or removed at the absolute discretion of PreTechnology. Users agree that PreTechnology has no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions made between MoviePass App users and third parties.

When using the MoviePass App on a mobile device, these Terms of Use serve as acknowledgement and agreement that PreTechnology operates in the background of said mobile device, which in turn may have an impact on the battery life of said device.

5. Credits

“Credits” are units of exchange that users of the MoviePass App may generate through payment of monthly fees or verified, complete viewing of the MoviePass. Credits may be used to enter MoviePass sweepstakes, redeem products, services and other benefits via the MoviePass App, to the extent that such sweepstakes, products, services and other benefits are offered. The user acknowledges and agrees that credits may not be redeemed for cash from MoviePass or any of its affiliates or partners, unless otherwise expressly agreed upon in writing.

All credits are generated through monthly fee payment or by the verified, complete viewing of content on the MoviePass App only. MoviePass reserves the right to destroy or remove credits which there is reason to believe have been created by any other means and to suspend or disable MoviePass Accounts used in violation of these Terms of Use.

MoviePass reserves the right and retains the absolute discretion to determine and alter the eligible ways of earning, verification algorithms and length of verified content that must be viewed by users in order to generate credits using the MoviePass App (for example, and not limited to, MoviePass may offer credits for verified friend invites or complete verified viewing of multiple MoviePasss in a certain time period). Details of eligibility required to generate credits are provided in the FAQ section of the MoviePass website(s).

MoviePass may cap the maximum number of credits that users of the MoviePass App may generate each day using the MoviePass App. The applicable cap may vary depending upon, but not limited to, the membership level and membership activity of the relevant users or other criteria that MoviePass choses to apply. MoviePass may alter such caps when and if established.

MoviePass reserves the right to change monthly fees, at any time in the future, in relation to the use of the MoviePass App. Fees may be applicable to all or specific categories of users or to the use of specific functionality or services accessed through the MoviePass App. The currency and amount of any such fee may be determined at the absolute discretion of MoviePass.

MoviePass reserves the right to apply technology, at any time in the future, that may allow users to send credits to third party users of the MoviePass App and/or charitable organizations.

<span style="text-decoration:underline;">Credits entry into MoviePass Sweepstakes</span>

MoviePass Sweepstakes Official Rules (“Official Rules)

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. BY ENTERING SWEEPSTAKES, USER AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM THE USER AND A LIMITATION OF USER RIGHTS AND REMEDIES

(a) Start/End Dates. Sweepstakes beginning and end dates will be identified in the applicable email outreach and social media post (the “Sweepstakes Period”)

(b). Sponsor. The sponsor of the Sweepstakes is PreTechnology.

(c) Eligibility. This sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia, and who are at least eighteen (18) years of age as of the date of entry. Employees of the Sponsor, and their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Sweepstakes if any, and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void where prohibited.

(d) How to Enter. During the Sweepstakes Period, you may enter the Sweepstakes by using the MoviePass App, earning credits and applying credits toward the sweepstakes. The number of credits needed to enter the weekly sweepstakes will be determined solely by the Sponsor. Upon completion of the necessary requirements, you will receive one (1) entry into the Sweepstakes. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes. There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Sweepstakes. A purchase does not improve your chance of winning.

Limit one (1) entry per person, per week. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes) and a valid email address. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupt or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

(e) Winner Selection. Winners will be selected by Sponsor or a third-party administrator in a random drawing from all eligible entries received by the end date of each Sweepstakes. Odds of winning depend on the number of eligible entries received for the drawing. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

(f) Prizes. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize of comparable value if any prizes listed is unavailable, in whole or in part, for any reason. All federal, state and local taxes are the sole responsibility of the winners.

(g) Notification. Winners will be notified via email and the appropriate social media channel from an official Sponsor account on or about a specific day of the week for weekly Sweepstakes (if offered) and on or near the end date of the Sweepstakes for a final prize (if offered). If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one weekly prize per person or household.

(h) Limitation of Liability; Disclaimer of Warranties. By participating, entrants and winners agree to release and hold harmless,MoviePass, social media channels and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.

IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

(i**) Force Majeure Event. **In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded.

(j)** Additional Conditions. **Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such a case, Sponsor will select the winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

Participation in Sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.

The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

(k) Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address and MoviePass App account submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.

(l)** Winners List **To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Sweepstakes Winners List”, to 609 Greenwich Street, Suite 5-121, New York, NY 10004. Vermont residents may omit return postage.

(m)** Use of Data**. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.MoviePass.co. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

**6. Acceptable Use **

Users agree to not:

(a) seek to generate credits by any means other than genuine, verifiable viewing of MoviePass content

(b) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the MoviePass App or MoviePass website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;

(c) operate more than one MoviePass Account;_ _

(d) use the MoviePass App or MoviePass website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, but not limited to, by hacking into or inserting malicious code, including viruses, or harmful data, into the MoviePass App or MoviePass website(s);

(e) reproduce, frame, display or mirror the MoviePass App or MoviePass website(s) other than as a necessary consequence of normal operation by user;

(f) infringe the intellectual property rights of MoviePass or those of any third party in relation to user use of the MoviePass App or MoviePass website(s);

(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the MoviePass App or MoviePass website(s);

(h) use the MoviePass App or MoviePass website(s) in a way that could damage, disable, overburden, impair or compromise the MoviePass systems or security or interfere with other users;

(i) employ any technology that interferes in any way with the proper operation of the MoviePass App or MoviePass website(s); or

(j) collect or harvest any information or data from the MoviePass App or MoviePass website(s) for any commercial purpose, save as otherwise requested and agreed to in writing.

If MoviePass discovers any breach of Section 6 by the user, MoviePass may immediately suspend or terminate access to the MoviePass App and remove and delete any violating content from the MoviePass App or MoviePass website(s).

7. Changes and updates to the MoviePass App and MoviePass website(s)

MoviePass reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable access to the MoviePass App and/or MoviePass Website(s), and/or (ii) alter the functionality or contents of the MoviePass App and/or MoviePass website(s) with or without notice to users.

MoviePass may issue updates to the MoviePass App from time to time. Depending upon the nature of the update, users may not be able to continue to use the MoviePass App until the latest version of the MoviePass App is downloaded.

**8. Contacting us **

In relation to any matters concerning the MoviePass App and MoviePass website(s), including any feedback, questions, complaints or claims, please contact us via our iPhone or Android application -> Profile -> Settings -> Help -> Contact us -> … or through hello@preshow.io. MoviePass welcomes any feedback on the MoviePass App.

9. No warranty

The MoviePass App and MoviePass website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the MoviePass App, MoviePass website(s) or the contents of any of them. PreTechnology does not warrant or undertake that use and availability of the MoviePass App and MoviePass website(s) will be uninterrupted or error-free.

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY IS MADE IN RELATION TO THE MoviePass APP OR MoviePass WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF PRETECHNOLOGY IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Third Party Content

For the convenience of users, PreTechnology may include links to sites on the internet that are owned or operated by third parties (“Third Party Websites”) in the MoviePass App or MoviePass website(s). Users must also agree that PreTechnology has no control over the material and content of Third Party Websites and does not have any responsibility for said material available on such Third-Party Websites nor for any use of, or reliance on, the contents of such Third Party Websites by any user.

The MoviePass App and MoviePass website(s) may include content submitted by other users of the MoviePass App and MoviePass website(s) (“Third Party Content”). The user acknowledges that any use of, or reliance on, such content by the user is entirely at the users own risk and PreTechnology is not responsible for such Third Party Content.

The fact that MoviePass may link to a Third Party Website, or display Third Party Content, does not imply that MoviePass endorses the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

11. Changes and updates to the Terms of Use

PreTechnology may change or update these Terms of Use from time to time. PreTechnology will post such changes or updates on website https://iwantmoviepass.com and on the MoviePass App, ensuring that users are aware of the terms and conditions for the use of the MoviePass App and MoviePass website(s). If PreTechnology makes a significant change to these Terms of Use, PreTechnology may elect to inform registered users by email, however it does not undertake to do so. Therefore, users undertake to review these Terms of Use on the MoviePass App or MoviePass website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use, by continuing to use the MoviePass App or any MoviePass website(s) users agree to be bound by such change or update.

From time to time PreTechnology may make available additional terms or guidance in relation to the usage of the MoviePass App or MoviePass website(s), and where PreTechnology does this, user agree to comply with such additional terms or guidance that is made available by continuing to use the MoviePass App or any MoviePass website(s).

12. Limitation of liability

The user acknowledges that the MoviePass App has not been developed to meet the users individual requirements, and that it is therefore the users responsibility to ensure that the facilities and functions of the MoviePass App meet the users requirements. To the maximum extent permitted under applicable law PreTechnology has no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the MoviePass App, MoviePass website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the MoviePass App or MoviePass website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of credits by PreTechnology.

MoviePass is only responsible for loss or damage the user suffers that is a foreseeable and direct result of a breach of these Terms of Use or MoviePass negligence up to the maximum aggregate limit specified in the following paragraph.

**13. Use of Data **

PreTechnology will be collecting personal data as part of registration on the MoviePass App, in accordance with its privacy policy. By registering for the MoviePass App the user agrees to PreTechnology’s collection and usage of their personal information and acknowledges that they have read and accepted the privacy policy.

14. Apple’s requirements

As users of the App Store operated by Apple Inc, MoviePass is required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use.

15. General

PreTechnology may assign or transfer our rights and obligations under these Terms of Use to a third party. The user is not entitled to assign or otherwise transfer these Terms of Use without the prior written consent of PreTechnology. Any attempt to do so without said consent will be void.

PreTechnology will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under these Terms of Use that is caused by any act or event beyond PreTechnolgy’s reasonable control

logy fail to insist that the user performs any user obligations under these Terms of Use, or if Pretechnology does not enforce rights against the user, or if PreTechnology delays in doing so, that will not mean that PreTechnology has waived rights against the user and will not mean that the user does not have to comply with those obligations. If PreTechnology does waive a default by the user, it will only do so in writing, and that will not mean that PreTechnology will automatically waive any later default by a user.

Each of the provisions of these Terms of Use operates separately. If a court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.


Attachment 1

App Store Terms

  1. The Terms of Use are concluded between user and PreTechnology, and not with Apple Inc (“Apple”). The MoviePass App and its contents are the responsibility of PreTechnology, its licensors and users of the MoviePass App (to the extent that such users create, submit or distribute any content via the MoviePass App) and not Apple.

  2. The licence to use the MoviePass App granted under these Terms of Use is a non-transferable license for you to use the MoviePass App on an Apple-branded product that the user owns or controls in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the MoviePass App may be accessed, acquired, and used by other accounts associated with the user via any family sharing or volume purchasing arrangements with Apple.

  3. PreTechnology and the user acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the MoviePass App. We do not offer maintenance or support services in connection with the MoviePass App.

  4. Apple will have no warranty obligation whatsoever with respect to the MoviePass App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the MoviePass App to conform to any applicable warranty set out in these Terms of Use will be solely the responsibility of PreTechnology.

  5. PreTechnology, not Apple, are responsible for addressing any claims by a user or any third party relating to the MoviePass App or your possession and/or use of the MoviePass App, including, but not limited to: (i) product liability claims; (ii) any claim that the MoviePass App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  6. In the event of any third party claim that the MoviePass App or use of the MoviePass App infringes that third party’s intellectual property rights, PreTechnology and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

  7. MoviePass represents and warrants that (i) it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) is not listed on any U.S. Government list of prohibited or restricted parties.

  8. The user must comply with any third party terms that are applicable to the use of the MoviePass App.

  9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon the users acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against the user as a third party beneficiary thereof.

  10. MoviePass may offer optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. The user account will be charged for renewal within 24 hours prior to the end of the current period. The user can manage and cancel subscriptions by going to the App Store account settings after purchase.