Terms of Service

Acceptance of Terms

The Affinity NXT mobile application (the "App") is provided by Mascari NXT as a sales enablement platform for Affinity Group. By accessing or using the App, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute an agreement between you, Mascari NXT (the technology platform provider), and Affinity Group (your organization).

Account Registration and Access

Access to the App is restricted to authorized users whose accounts are provisioned by Affinity Group. By using the App, you represent that:

• You are an authorized employee or representative of Affinity Group
• All information you provide is accurate and current
• You will maintain the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You will comply with all policies and guidelines established by both Mascari NXT and Affinity Group

Acceptable Use

You agree to use the App only for its intended business purposes. You will not:

• Use the App for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the App or related systems
• Interfere with or disrupt the App's functionality
• Upload or transmit malicious code, viruses, or harmful content
• Impersonate another user or provide false information
• Use the App to harass, abuse, or harm others
• Extract data through automated means (scraping, bots, etc.)
• Reverse engineer, decompile, or attempt to derive source code

Content Ownership and Rights

Your Content: You retain ownership of content you create or upload through the App. By submitting content, you grant both Affinity Group and Mascari NXT a non-exclusive, worldwide license to use, store, process, and display that content as necessary to provide the App's services and fulfill business purposes within Affinity Group.

Platform Ownership: The App, including its design, functionality, features, and underlying technology, is owned by Mascari NXT and protected by intellectual property laws. The Affinity NXT branding and associated marks are owned by Affinity Group. You may not copy, modify, reverse engineer, or create derivative works based on the App.

License to Use: Subject to these Terms, Mascari NXT grants you a limited, non-exclusive, non-transferable license to use the App solely for authorized business purposes within Affinity Group.

Organization Control and Platform Management

Affinity Group's Control: Affinity Group controls user accounts and access to the App. Affinity Group may:

• Access, monitor, and review your use of the App
• Manage your account settings and permissions
• Suspend or terminate your access at any time
• Export, review, or delete your data
• Set policies governing App usage within the organization
• Determine data retention and deletion schedules

Mascari NXT's Role: Mascari NXT operates and maintains the App platform, provides technical support, and may suspend access to protect the security and integrity of the App or to comply with legal requirements.

Termination

Your access to the App may be suspended or terminated at any time, with or without notice, by either Mascari NXT or Affinity Group for reasons including:

• Violation of these Terms
• Request by Affinity Group (e.g., end of employment)
• Discontinuation of the App or Affinity Group's subscription to the platform
• Suspected fraud, security threats, or illegal activity
• Technical or business reasons determined by Mascari NXT

Upon termination, your right to use the App immediately ceases. Mascari NXT and Affinity Group may retain your data as required by law, contractual obligations, or legitimate business purposes.

Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the App will be uninterrupted, secure, or error-free

Your use of the App is at your sole risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MASCARI NXT, AFFINITY GROUP, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Actions taken based on App content or recommendations
• Unauthorized access to or use of your data
• Errors or inaccuracies in App content

IN NO EVENT SHALL MASCARI NXT'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY AFFINITY GROUP FOR THE APP SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow limitation of implied warranties or liability for incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless Mascari NXT, Affinity Group, and their respective affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of others
• Content you submit through the App
• Your violation of applicable laws or regulations

Changes to Terms

Mascari NXT reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date and, where appropriate, through in-app notifications or email. Affinity Group will be notified of changes that materially affect the service. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

Governing Law and Disputes

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App shall be resolved in accordance with the dispute resolution procedures established between Mascari NXT and Affinity Group, or through binding arbitration where permitted by law.

You and Mascari NXT agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mascari NXT regarding the App and supersede all prior agreements.

Contact Information

For questions about these Terms, please contact:

For account-related or employment questions, please contact your Affinity Group administrator or human resources department.