BOTTLEBANK APPLICATIONTERMS AND CONDITIONS OF USE

This Term and Conditions of Use applies to the BottleBank® mobile application (the “App”), owned andoperated by Innovabin Inc. (“Innovabin,” “we,” “us,” or “our”) and is effective as of RELEASE DATEOF MOBILE APP.

Innovabin collects, processes and manages beverage container redemptions through the App (the“Redemption Services”). Innovabin is committed to using modern technology, commercially reasonablestandards, and accurate scales to determine the redemption value of qualifying beverage containers, and tocredit CRV refund values to customers. Innovabin uses a partially automated system to provide theRedemption Services and App. Innovabin will process BottleBank® bags and credit user accounts withinseventy-two (72) hours of placement in an appropriate bin. Innovabin works with third-party serviceproviders to provide recycling services.

The App is maintained as a service to our customers (“you”, “your”, “customer” or “user”) to facilitate theRedemption Services. By using this App, you agree to comply with and be bound by the following termsand conditions of use. Please review these terms and conditions carefully.

1. Agreement. This Term and Conditions of Use Agreement (this “Agreement”) specifies the terms andconditions for access to and use of the App for the Redemption Services. This Agreement may bemodified unilaterally at any time by Innovabin upon publication of a modified Agreement. Any suchmodifications will be effective immediately. The most recent version of this Agreement will bepublished in both the Apple and Google Play stores. Each use by you shall constitute and be deemedyour unconditional acceptance of this Agreement. This Agreement was last modified on RELEASEDATE OF MOBILE APP.

2. Privacy. Users’ use of the App and the Redemption Services is also governed by our Privacy Policy.The Privacy Policy is incorporated by this reference into this Agreement.

3. Ownership. All content included on this App is and shall continue to be the property of Innovabin or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or anypart of the App is strictly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the App.

4. Intended Audience. This App is intended for adults only. This App is not intended for any childrenunder the age of 13.

5. Trademarks. BottleBank® and others are either trademarks or registered trademarks of Innovabin and/or its affiliates Our Planet Recycling SF LLC and QuickDrop Systems LLC. Other product and company names mentioned on the App, in this Agreement or in the Privacy Policy may be trademarks of their respective owners.

6. App Use.

(a)  Limited License. Innovabin grants you a limited, revocable, nonexclusive license to use the Appsolely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the App, access files not owned by you, reverse engineer or break into the App, modify, tamper with oruse materials, products or services in violation of any law. You agree not to attempt hamper with the security or functionality of the App and Services, and to refrain from examination offiles that contain sensitive information (including as specifically defined in the Privacy Policy as“Information”) not normally viewed by any end-users, and/or containing Information that doesnot belong to you. You are strictly prohibited from providing false information to Innovabin or its third-party vendors. Knowingly providing false, fictitious, or misleading information (i.e.,false name or false bank account credentials), or otherwise intentionally misrepresenting oneself is not permitted by this Agreement. Utilizing the App, Redemption Services, or any BottleBankuser account in any way which is not consistent with this Agreement and the intended use of theApp, including making two or more user accounts, or engaging in illegal, unethical or malicious activity, is prohibited.


BottleBank® Bags Required. (i)  Users must use BottleBank® bags containing RFID tags to use the Redemption Services and the App. (ii)  Innovabin will refuse to provide the Redemption Services and services via the App for any beverage containers provided in any bag that is not a BottleBank® bag containing RFID purchased from Innovabin. (iii)  Users will be charged a twenty-five cent USD ($0.25) fee by Innovabin for eachBottleBank® bag that is processed. If the bag value is less than or equal to the processing fee, Innovabin will not charge a processing fee. (iv)  Plastic, metal and class beverage containers with a CRV label must be collected separately,in different BottleBank® bags containing RFID tags. Innovabin reserves the right to charge an additional processing fee to perform the Redemption Services for any bag that contains mixed materials.
(v)  BottleBank® bags filled with glass beverage containers above the limit marker displayedon the bags can be rejected on-site. Glass containers must not be crushed. (vi)  The maximum number of bags that can be dropped off depends on the specific load limitsapplicable to the respective material type (referenced below at (e)(ii-iv)). (vii)  Users may not put anything into BottleBank® bags or attempt to use the RedemptionServices and App with any product that is not a beverage container meeting therequirements of CalRecycle or Innovabin as stated in this Agreement. Any attempt to usethe Redemption Services or App for any biohazardous materials (such as dirty diapers, petwaste, syringes, spit, chewing tobacco or related products, or other biological materials orsubstances), or unclean beverage containers (such as containers carrying excessiveamounts of liquid, trash, or sticky residues) will result in the immediate termination of theuser account and forfeiture of funds therein. (viii)Users may not attempt to use the Redemption Services or App with a ripped, cut, untied orunclosed BottleBank® bag. (ix) Previously bailed, non-eligible, or containers that are not whole nor free of contaminantssuch as dirt, excessive liquid or other foreign substances will be rejected. (c) One User Account Per Person. Each person, whether natural or juristic, may create only one (1)BottleBank user account. (d)  No Third-Party Redemption Services Permitted. Innovabin prohibits the use of third parties touse the App or Redemption Services on behalf of any user.
(e)  CalRecycle’s Limitations on the Use of the Redemption Services and App. (i)  Innovabin is prohibited by CalRecycle from remitting to any user, and will not remit to anyuser, any funds in excess of these daily weight limitations.
(ii)  Users are limited to bringing up to 50 CRV Beverage containers of the following material types in a single visit and request to be paid 5 or 10 cents per count.
(A) Aluminum(B) Glass
(C) Plastic
(D) Bi-metal

(iii)  Users are limited to bringing up to 25 CRV Beverage containers of the following material types in a single visit and request to be paid 25 cents per count. (A)  wine and distilled spirit bag-in-box (B)  wine and distilled spirit multilayer pouch (C)  wine and distilled spirit paperboard carton
(iv)  Users are subject to the daily load limits of empty CRV beverage containers as follows. For any material received from the consumer in excess of these weight limits, Innovabin will not pay in excess of the scrap value for the additional material. (A)  25 pounds each for aluminum and plastic; (B)  250 pounds for glass; (C)  50 pounds for bag-in-box; (D)  25 pounds each for multilayer pouches and paperboard cartons.
(v)  Innovabin will not buy any previously cancelled or bailed material for which redemptionvalue was already claimed. (vi)  Innovabin will not buy or redeem any beverage containers that have never been filled orsold in the State of California. (vii)  Innovabin will not buy or redeem any beverage container unless it contains a visible CRVlabel, or is under an exemption provided by SB1013, as may be authenticated by Innovabinupon inspection. Users may redeem crushed beverage containers if the CRV label qualifiesand is fully visible on the container. Glass containers cannot be crushed.

(f) Sales Final. ALL SALES ARE FINAL.
(g)  Termination. The use of this App and the Redemption Services is at the sole discretion ofInnovabin, and Innovabin may terminate your use of the App at any time.
(h)  California Purchased Beverage Containers Only. You will refrain from attempting to redeem any beverage container through the App or Redemption Services that was not purchased in theState of California. Innovabin only provides the Redemption Services and services via the Appat locations within the State of California.

7. Forfeiture of Funds Due to User Error. In order to accurately measure the weight of any bag and remit beverage container redemption funds to the correct user account, Innovabin relies on users of theApp and Redemption Services to follow the prescribed check-in and drop-off procedures. Failure to correctly utilize the Redemption Services and App may result in the forfeiture of funds. It is each user’s responsibility to verify that the relevant BottleBank® bag is accounted for in that user’s account in the App.

Users who inadvertently fail to follow the correct procedures, or who wish to seek credit for a bag thatwas not credited within the appropriate processing period, may contact Innovabin’s customer support, as described below, to inquire about receiving credit.

8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the App.You further agree that information provided by you to Innovabin or its third-party payment or technology vendors is truthful and accurate to the best of your knowledge.

9. Indemnification. You agree to indemnify, defend and hold Innovabin and our partners, employees,and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’sfees, related to your violation of this Agreement, the Privacy Policy or use of the App or RedemptionServices.

10. Disclaimer. THE INFORMATION ON THE APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. INNOVABIN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP MUST BETO DISCONTINUE USING THE APP.

11. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL INNOVABIN BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL(INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE,THE REDEMPTION SERVICES, THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPAND/OR CONTENT IS TO CEASE ALL OF YOUR APP USE. INNOVABIN IS NOT RESPONSIBLE FOR ANY ERRORS IN MEASURING THE WEIGHT OF A BAG OR DELAY IN MEASURING THE WEIGHT OF A BAG CREATED BY YOUR VIOLATION OF THIS AGREEMENT.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

12. Use of Information. Innovabin reserves the right, and you authorize us, to use and assign all information regarding App uses by you and all information provided by you in any manner consistent with our Privacy Policy.

13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a)  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b)  A description of the copyrighted work that you claim has been infringed; (c)  A description of where the material that you claim is infringing is located on the App; (d)  Your address, telephone number, and e-mail address; (e)  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f)  A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the App is Attorney Hannah Stitt with Tectonic Law PC who can be reached as follows:

By Mail: 3929 24th Street, Suite 5, San Francisco, CA 94114
By Phone: (628) 203 - 8479
By E-mail: epicenter@tectoniclaw.com
Subject Line: Bottle Bank Application – Notice of Copyright Infringement

14. Applicable Law; Venue; Consent to Jurisdiction. You agree that the laws of the State of California(both substantive and remedial), without regard to conflicts of laws principles, will govern thisAgreement, and any dispute that may arise between you and Innovabin or its affiliates. Any matter based upon or arising out of this Agreement, the matters contemplated herein, or a dispute between the parties of any kind must be initiated and prosecuted exclusively in the courts in the City and County ofSan Francisco, California. You expressly consent and submit to the personal jurisdiction and venue oft he courts located within the City and County of San Francisco, California. You consent to personal service at the address provided by you in your user account (if any).

15. Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision must be limited, or eliminated to the minimum extent necessary, so that this Agreement will otherwise remain in full force and effect.

16. Waiver. The failure of any provision of this Agreement will in no manner affect the right to enforce the entire Agreement, and the waiver by Innovabin of any breach of any provision of this Agreement must not be construed to be a waiver by Innovabin of any succeeding breach of such provision or a waiver by Innovabin of any breach of any other provision. Any waiver by Innovabin must be in writing and signed by an authorized representative of Innovabin.

17. Termination. Innovabin may terminate this Agreement, the Redemption Services and as availability and functionally of the App at any time, with or without notice, for any reason.

18. Relationship of the Parties. Nothing contained in this Agreement or your use of the App will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each must remain independent contractors responsible for its own actions.

19. Entire Agreement. This Agreement constitutes the entire agreement between you and Innovabin and governs the terms and conditions of your use of the App and Redemption Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Innovabin with respect to the App and Redemption Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the App or RedemptionServices. Innovabin may revise this Agreement at any time by updating this Agreement and posting it on the App. Your continued use of the App and Redemption Services after any changes have been made to this Agreement signifies and confirms your acceptance of any such changes or amendments.

20. Contact Information. Innovabin may be contacted via e-mail at info@bottlebankca.com, with“BottleBank Application Terms and Conditions of Use” in the subject line, or via phone at +1 415 9603222.

21.
PayPal/Hyperwallet. Payees are subject to terms and conditions as set forth on the Hyperwallet legal agreements available on their website.