SLAP APP™

TERMS OF SERVICE

Agreement with Respect to Terms of Use

This Website is owned and operated by Davis and Yeager Holdings, LLC, and SLAP APP is a product name of Davis and Yeager Holdings, LLC. In this Terms of Service, the user may be referred to as “you” or “your” or “user” or “end user” or “recipient” or “donor.” These Terms of Service is a legally binding agreement between Davis and Yeager Holdings, LLC, and you (the “Agreement”). You are responsible for regularly reviewing these Terms of Service. You can review the most current version of the Terms of Service at any time on the SLAP APP mobile APP or website. You acknowledge that you have read these Terms of Service, and you accept, understand, and will be bound by such terms and conditions. You further acknowledge that these Terms of Service, together with the Privacy Policy, supersede any proposal or prior agreement oral or written, and any other communications between Davis and Yeager Holdings, LLC relating to your access or use of the site and/or services (hereinafter referred to as "Service" or "Services").

The services provided by this application allow the users to pay off their student loans faster by having others contribute to their student loan balances. The person who has the student loan (Recipient) invites people (Donors) via SMS or Email to donate money towards their student loans. The Donors can also invite Recipients via SMS or Email to allow them to donate towards their student loans. The Recipient can also donate to their own student loans through use of the application.

The most common method is expected to be the Recipient will download the application and sign up to the application by giving their general data, loan servicer information and may or may not link their own bank account. The Recipient will use the application to invite Donor(s) via SMS or Email. The invitation to the Donor will include a link to the applications webpage which describes the application and its use. The Donor, while in the webpage can then decide whether they would like to participate. If the Donor decides they wish to participate then they can select to go to the correct application store based on their type phone to download the application. The Donor will download the application and sign up by giving their general data and linking their own bank account. The Donor can decide how they wish to donate to the recipient via fixed monthly donation or saving the change method or both. The donations will be transferred monthly via Plaid and North State Bank. The donation money will be held for thirty days by North State Bank and then sent out to the Recipients Student Loan Servicer.

THE SERVICES PROVIDED THROUGH THE SLAP APP ARE PROVIDED THROUGH A PAID MONTHLY SUBSCRIPTION THAT WILL AUTOMATICALLY RENEW EACH MONTH.

BY CHECKING THE CHECKBOX CONFIRMING THAT YOU HAVE READ THESE TERMS AND AGREE TO THEM OR BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR CONTINUE TO USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

Registration

To participate in SLAP APP’s Services, you must register with SLAP APP for the appropriate account. There are two different accounts for end users (hereinafter referred to as “End User” or “End Users”): Recipient account and Donor account (each account referred to hereinafter as an “Account” or Accounts”). By registering to participate in the Services, you represent and warrant that you have the right to enter and perform this Agreement with SLAP APP. Participation in the Services is subject to SLAP APP’s prior approval. SLAP APP reserves the right to refuse participation to any individual at any time in its sole discretion. To participate, you must be an individual over 18 years of age and with the right to work in the United States. As a condition of registration, you agree to provide accurate information and update or maintain your Account to keep the information for the Account accurate. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your access to and use of the Service. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.

Username and Password

As part of the Account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by ™ or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD FOR ANY AND ALL ACCOUNTS.

Right to Change Website Content

The Website will be updated as product offerings change or as the communication needs or desires of SLAP APP develop. SLAP APP makes no guarantees that content provided throughout the Website will remain available to the public through the Website. SLAP APP may also update or alter the layout, designs, or links within the Website.

License Grant

Subject to the terms of this Agreement, SLAP APP grants you a limited, non-exclusive, and nontransferable license to:

download, install and use the application (the Application”) for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation and as permitted by the usage rules (“Usage Rules”) set forth in the App Store Terms of Service; and

access, stream, download and use on such Mobile Device the content and services (“Content and Services”) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Service applicable to such Content and Services.

You acknowledge that this Agreement is concluded between SLAP APP and you only, and not with Apple and/or Android, and that SLAP APP, not Apple and/or Android, is solely responsible for the Application and the content thereof.

License Restrictions

Licensee shall not:

copy the Application, except as expressly permitted by this license;

modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;

reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or

remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

Reservation of Rights

You acknowledge and agree that the Application is provided under license and not sold to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted and is subject to all terms, conditions and restrictions, under this Agreement. SLAP APP and its service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Collection and Use of Your Information

You acknowledge that when you download, install or use the Application, SLAP APP may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You will also be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application will provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy, available at http://theslapapp.com/support and in the SLAP APP under “Terms of Service”. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions

The Content and Services are based in the state of North Carolina in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

Maintenance and Updates

Apple and/or Android have no obligation to support: SLAP APP is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, or as required under applicable law. SLAP APP and End User acknowledge that Apple and/or Android has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Support. SLAP APP may, from time to time, in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that SLAP APP has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your Mobile Device settings when your Mobile Device is connected to the internet either:

the Application will automatically download and install all available Updates; or

you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

Third Parties

Third Party Beneficiary

SLAP APP and End User acknowledge and agree that Apple and/or Android and Apple’s and/or Android’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon End User’s acceptance of the terms and conditions of this Agreement, Apple and/or Android will have the right (and will be deemed to have accepted the right) to enforce the Agreement against End User as a third-party beneficiary thereof.

Third Party Materials

The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that SLAP APP is not responsible for Third Party Materials, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. SLAP APP does not assume and will not have any liability or responsibility to you or any other erson or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Term and Termination

The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or SLAP APP as set forth in this section.

You may terminate this Agreement by either (i) choosing “Close Account” from the Edit Account Information page, or (ii) contacting SLAP APP at www.theslapapp.com/support and working with our staff to cancel your account.

SLAP APP may terminate this Agreement at any time without notice if it ceases to support the Application, which SLAP APP may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination:

all rights granted to you under this Agreement will also terminate; and

you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account; and

termination will not limit any of SLAP APP’s rights or remedies at law or in equity.

Monthly Subscription

The services provided through this Application are purchased as a paid Monthly Subscription. Subscription fees will be deducted from your Slap App Account or the funding account you link with Slap App and transferred to Slap App. Through your acceptance of this Agreement, you authorize this deduction and transfer of funds. Your subscription will automatically renew each month if you do not cancel it in accordance with this Agreement at least three (3) Business Days in advance of the Renewal Date. For End Users who enter into this Agreement, the Renewal Date for your Monthly Subscription shall be the first business day of the month.

Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SLAP APP, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SLAP APP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SLAP APP OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES

DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SLAP APP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Limitations on Apple’s and/or Android’s Obligations

SLAP APP is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, End User may notify Apple and/or Android, and Apple and/or Android will refund the purchase price for the Application to that End User. To the maximum extent permitted by applicable law, Apple and/or Android will have no other warranty obligation whatsoever with respect to the licensed application (hereinafter referred to as the “Licensed Application”), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SLAP APP’s sole responsibility.

SLAP APP and End User acknowledge that SLAP APP, not Apple and/or Android, is responsible for addressing any claims of End User or any third party relating to the Licensed Application or End User’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

SLAP APP and End User acknowledge that, in the event of any third party claim that the Application or End User’s possession and use of that Application infringes on that third party’s intellectual property rights, Apple and/or Android will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Electronic Fund Transfers ("EFT") and Account Balances

By creating an account with SLAP APP and initiating bank deposits or withdrawals (i.e. ETF), you agree to the terms of service and privacy policy of our financial provider, North State Bank, Terms of Service and Privacy Policy https://www.northstatebank.com/about-us/terms-of-use (“North State Bank TOS”) which are incorporated herein by reference. Terms not defined in this section shall be defined in North State Bank TOS.

By using our services, you authorize SLAP APP to hold your deposits for your benefit at North State Bank, Member FDIC.

We have partnered with North State Bank to offer you SLAP APP’s Services to help you make payments toward your student loan debt. You authorize us to share your identity and banking information with North State Bank, as further details in our Privacy Policy, available within the SLAP APP or at http://theslapapp.com/support and North State Bank’s Privacy Policy at https://www.northstatebank.com/privacy-statement.

It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, you are responsible for complying with North State Bank TOS at https://www.northstatebank.com/about-us/terms-of-use. It is your responsibility to read and understand North State Bank TOS as it contains terms and conditions relating to the North State Bank holding account including, but not limited to, your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitrations provisions.

When you link a checking or savings account to perform ETF and, if applicable, deposit funds into a North State Bank holding account. Deposits are held by North State Bank as detailed in North State Bank TOS.

DEPOSITS HELD IN A HOLDING ACCOUNT MAY BE ELIGIBLE INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC.

All EFT transactions are performed by and deposits are held by North State Bank. SLAP APP only transmits transaction instructions to North State Bank.

You authorize SLAP APP to debit the account indicated for the recurring transactions according to the online form and your agreement with SLAP APP. You will not dispute SLAP APP so long as the transactions correspond to such terms. This payment authorization is valid and will remain effective unless you cancel this authorization by emailing SLAP APP at http://theslapapp.com/support at least three (3) business days in advance.

Transactions History and Disputes

All questions regarding ETF transactions or the North State Bank Holding Account must be directed to http://theslapapp.com/support within sixty (60) days and not to North State Bank. SLAP APP is responsible for resolving issues and errors relating to transactions and account balances. If you wish to make a financial service complaint against SLAP APP, you may email https://www.northstatebank.com/about/contact-us.

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.

Definitions:

Electronic Fund Transfer (ETF): Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct SLAP APP to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website, or mobile application.

Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.

Your Liability:

Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.

Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than Fifty Dollars and No/100 Dollars ($50.00) if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT inform us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had informed us in a timely manner, you could lose as much as Five Hundred and No/100 Dollars ($500.00). Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not be refunded money you lost after the sixty (60) day period if we can establish unauthorized transfer(s) could have been prevented had you informed us in a timely manner. If an extenuating circumstance (such as extended hospitalization which must be documented) prevents you from promptly notifying SLAP APP of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this section may be extended for a reasonable period at our sole discretion.

Errors or Questions about Transactions: Please contact us by emailing us at http://theslapapp.com/support if you (1) believe a transaction receipt or a statement is incorrect, or (2) need more information about a transaction on a receipt or statement.

For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared.

For business accounts, we must hear from you within one (1) business day of us sending you a receipt.

Your inquiry must include: (x) your name, email associated with your Account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.

Time Periods

Ten-Day Time Period – SLAP APP will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within ten (10) business days of receiving a notice of error. SLAP APP shall report the results to the consumer in writing within three (3) business days after completing its investigation. SLAP APP shall correct the error within one (1) business day after determining that an error occurred.

Forty-Five (45) Day Time Period - If SLAP APP is unable to complete its investigation within ten (10) business days, SLAP APP may take up to forty-five (45) days from receipt of a notice of error to investigate and determine whether an error occurred, provided SLAP APP does the following: Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within ten (10) business days of receiving the error notice. SLAP APP need not provisionally credit the consumer's account if:

SLAP APP does not receive written confirmation within ten (10) business days of an oral notice of error; or

The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220).

Informs the consumer, within two (2) business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;

Corrects the error, if any, within one (1) business day after determining that an error occurred; and

Reports the results to the consumer within three (3) business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).

Extension of Time Periods. The time periods described above may be extended as follows:

Extension of Ten (10) Day Time Period - The time limit for resolution is extended to twenty (20) business days in place of ten (10) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made; or

Extension of Forty-Five (45) Day Time Period - The time limit for resolution is extended to ninety (90) days in place of forty-five (45) days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the Account was made.

General Provisions

Terms of Plaid Services

The SLAP APP uses Plaid Technologies, Inc. (“Plaid”) to gather End User’s data from financial institutions. By using our service, you grant SLAP APP and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy https://plaid.com/legal/

Indemnification

You agree to indemnify, defend and hold harmless SLAP APP and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that SLAP APP assumes no responsibility for the content you submit or make available through this Application.

Export Regulation

The Application may be subject to United States of America export control laws, including the Export Administration Act of 1979, as may be amended (“EAA”), and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the United States of America.

Notice

SLAP APP may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received all notices that would have been delivered had you accessed the Service in an authorized manner.

Developer Contact Information

End User may direct questions, complaints or claims with respect to the Application to SLAP APP at:

Davis and Yeager Holdings LLC

Operating Account

1319 Military Cutoff Road STE CC131

Wilmington, NC 28405

http://theslapapp.com/support

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Arbitration and Governing Law

Except for where prohibited by applicable law:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against SLAP APP in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against SLAP APP any class action, class arbitration, or other representative action or proceeding.

By using the Application in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and SLAP APP (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against SLAP APP (except for small-claims court actions) may be commenced only in the federal or state courts located in New Hanover County, North Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and SLAP APP, shall be governed by the laws of the state of North Carolina without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

For users residing in the European Union, Norway or elsewhere where this arbitration agreement is prohibited by law, the laws of North Carolina, U.S.A., excluding North Carolina conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Application. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of New Hanover County, North Carolina, USA, and you and SLAP APP consent to personal jurisdiction in those courts.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and SLAP APP with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Non-transferable Account

You agree that your Application account is non-transferable and all your rights to your profile or contents within your Application account terminate upon your death. No agency, partnership, joint venture, or employment is created because of this Agreement and you may not make any representations or bind SLAP APP in any manner.