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TERMS OF USE / END USER LICENSE AGREEMENT

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Keep Tossing Lab., Inc.

Effective date: September 10, 2026

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Please read these Terms of Use and End User License Agreement ("Agreement") carefully before downloading or using the b4 software application ("App") or its related services. This Agreement is between you and Keep Tossing Lab., Inc. ("KTL," "we," "us," or "our"). The App, related website, content, and services that KTL makes available in connection with the App are collectively referred to as the "Services."

By downloading, accessing, or using the App or Services, you agree to be bound by this Agreement. If you do not agree, do not access or use the Services, and delete any installed copy of the App. If this Agreement is considered an offer, acceptance is limited to its terms.

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1. ACCESS TO THE SERVICES AND LICENSE

1.1 Services and license. KTL owns and operates the Services. Subject to your compliance with this Agreement, KTL grants you a limited, non-exclusive, non-transferable license to use the App and Services for personal training, parental support of an athlete's training, or coaching and athlete development by coaches, teams, academies, and other organizations, including paid coaching. This permission includes analyzing athletes' videos and performance and sharing results with those athletes or other authorized recipients, subject to Section 1.7 and the features and access rights included in your account or subscription. For an App obtained through Apple's App Store, this license is also subject to Section 16. The App and its software components are licensed, not sold. KTL reserves all rights not expressly granted to you.

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1.2 Changes to the Services. KTL may change, suspend, or discontinue the Services, including any feature, database, or content, and may limit features or restrict access to some or all of the Services. Subject to applicable law, KTL may do so without notice or liability. These rights do not override any mandatory notice, refund, or other consumer rights.

 

1.3 Changes to this Agreement. KTL may update this Agreement by notifying you through the App, by email, or by postal mail. The notice will identify when the changes take effect. You are responsible for reviewing the updated terms. Continuing to use the Services after the changes take effect constitutes acceptance of the updated Agreement, except where applicable law requires additional notice or consent. If you do not agree to an update, stop using the Services.

 

1.4 Eligibility and organizational authority. Each individual who creates an account or accesses the Services must be at least 13 years old and legally able to enter into this Agreement. If you have not reached the legal age to enter into a binding contract where you live, your parent or legal guardian must review and agree to this Agreement on your behalf and permit your use of the Services. You must also satisfy any additional age or consent requirements imposed by applicable law.

If you accept this Agreement on behalf of a team, academy, company, or other organization, you represent that you have authority to bind that organization. In that case, references to "you" include the organization, which is responsible for ensuring that people using the Services under its account comply with this Agreement. Organizational access remains subject to the applicable account or subscription permissions; this provision does not grant unlimited users or permission to share login credentials.

You represent that all registration information you provide is accurate and complete and that you will keep it current. Outdated account information may prevent the App from functioning properly. You are responsible for ensuring that your access to and use of the Services are lawful. You may not use the Services where doing so is prohibited by law.

 

1.5 Children under 13. The Services are not available to children under 13. KTL does not knowingly allow children under 13 to register or knowingly collect or solicit personal information from them. If you are under 13, do not register or send us personal information, including your name, address, telephone number, or email address. If we learn that we have collected personal information from a child under 13 without legally required parental consent, we will delete it as soon as reasonably practicable. If you believe we hold information about a child under 13, contact contact@b4-app.com.

 

1.6 Equipment and connectivity. You are responsible for obtaining and maintaining the devices, software, internet access, and other equipment or services needed to use the Services, including any associated charges. You are also responsible for ensuring their compatibility with the App.

 

1.7 Coaching and participant permissions. When recording another person, uploading their footage or information, analyzing their performance, or sharing their results, you must have the rights and permissions required for each activity. For a minor, this includes permission from a parent or legal guardian where required by applicable law. A coaching or team relationship alone does not establish that you have those permissions. Share footage and results only with the athlete, their authorized parent or guardian, or other recipients authorized to receive them, using the Services' sharing or export features where available. These permissions do not authorize accounts for children under 13 or expand KTL's child-data practices under Section 1.5 and the Privacy Policy.

You may charge for your coaching services, but you may not resell access to the App or Services, sublicense them, or offer them under your own branding or as a white-label service without KTL's prior written approval. Your coaching services and related promises are your responsibility; you may not represent that KTL endorses them or guarantees an athlete's results.

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2. CONTENT AND USER SUBMISSIONS

2.1 KTL and third-party content. Text, graphics, articles, photographs, images, illustrations, software, and other materials available through the Services ("Content") are protected by copyright and other intellectual property laws. You must comply with all copyright notices, trademark rules, and other restrictions accompanying the Content.

Except as expressly permitted by this Agreement, the relevant rights holder, or applicable law, you may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform or display, license, sell, create derivative works from, or otherwise exploit Content or other proprietary material that you do not own. The App is also protected as a collective work or compilation under applicable copyright laws.

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2.2 Permitted downloads and sharing. You may download or copy Content made available for download for the personal training and coaching purposes permitted under Sections 1.1 and 1.7, provided you retain all copyright and other proprietary notices. You may share athlete-specific reports, clips, and results made available for sharing or export with the relevant athlete or other authorized recipients under Section 1.7. These permissions do not allow you to sell KTL's Content separately or distribute its general content library. Except for permitted athlete-specific downloads and exports, you may not store a substantial portion of the Content or copy or store Content for other purposes without prior written permission from KTL or the identified rights holder. These restrictions do not limit rights that applicable law does not permit us to restrict.

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2.3 User Submissions. Information, content, and materials that you upload, post, transmit, or otherwise provide to KTL through or in connection with the Services are referred to as "User Submissions."

By providing User Submissions, you grant KTL a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to use and otherwise exploit those User Submissions and the related intellectual property rights, and to authorize others to do so. This includes the right to reproduce, reformat, modify, translate, excerpt, distribute, display, perform, and create derivative works from the User Submissions. KTL's handling and sharing of personal information remain subject to applicable law and the Privacy Policy at Privacy Policy.

You also grant other users a non-exclusive license to access and use, modify, reproduce, distribute, display, perform, and create derivative works from your User Submissions, but only as permitted by the functionality of the Services and this Agreement. This provision does not make private submissions publicly accessible.

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2.4 Responsibility for content. You are responsible for your User Submissions and must have all rights and permissions needed to provide them and grant the licenses above. Each person who posts or transmits information through the Services is responsible for that information.

KTL does not guarantee the identity of other users or the accuracy or authenticity of information they provide. You access and rely on Content and User Submissions at your own risk. To the extent permitted by law, KTL is not liable for errors or omissions in Content or User Submissions, or for loss or damage resulting from their use or availability through the Services.

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3. YOUR RESPONSIBILITIES

You agree not to submit content or use the Services in a way that:

  • (a) infringes intellectual property, privacy, publicity, or other rights;

  • (b) violates any applicable law or regulation;

  • (c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;

  • (d) involves unauthorized commercial activities, including advertising, contests, sweepstakes, barter, or pyramid schemes; paid coaching expressly permitted under Sections 1.1 and 1.7 is not prohibited by this restriction;

  • (e) impersonates another person or entity, including a KTL employee or representative; or

  • (f) introduces viruses, malicious code, or other harmful files or programs.

KTL may remove Content or User Submissions at any time, including in response to complaints, legal requests, or suspected violations of this Agreement, subject to applicable law. You remain responsible for everything you upload, post, email, transmit, or otherwise make available through the Services.

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4. RESTRICTIONS

You are responsible for your activity in connection with the Services. Fraudulent, abusive, or unlawful activity may result in suspension or termination of access.

You may not:

  • (a) solicit passwords, account credentials, or private information from other users through deceptive or unauthorized means;

  • (b) compromise a network's security, crack passwords or encryption, or use the Services to transfer or store unlawful material;

  • (c) send spam, operate mailing lists or automated responders through the Services, or run unauthorized background processes;

  • (d) interfere with the Services or place an unreasonable load on their infrastructure;

  • (e) crawl, scrape, or extract information from the Services using manual or automated processes, except for downloads, exports, and sharing expressly permitted by this Agreement; or

  • (f) decompile, reverse engineer, or otherwise attempt to obtain the source code of the App or Services, except to the extent applicable law permits such activity notwithstanding this restriction.

You are responsible for taxes, duties, and governmental assessments arising from your activities through the Services, including any required withholding, filings, and reporting.

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5. WARRANTY DISCLAIMER

KTL does not have a fiduciary relationship with you. KTL does not guarantee which users will access the Services, what Content you will encounter, how you will interpret it, or the effects of actions you take in reliance on it. The Services may contain or link to material that some users find offensive or inappropriate. KTL does not warrant the accuracy, legality, copyright compliance, or suitability of third-party material.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP, SERVICES, WEBSITE, CONTENT, AND RELATED SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KTL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

NOTHING IN THIS AGREEMENT EXCLUDES A WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED. SOME JURISDICTIONS RESTRICT WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE TERMS MAY NOT APPLY TO YOU.

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6. PRIVACY

Our Privacy Policy at Privacy Policy explains how KTL collects, uses, and shares personal information in connection with the Services and is incorporated into this Agreement by reference. Please review it before using the Services. Acceptance of this Agreement does not replace any separate consent required by applicable privacy law.

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7. REGISTRATION AND SECURITY

Certain features may require an account and a username and password (your "KTL User ID"). You must provide accurate, complete, and current registration information. Failure to do so may result in suspension or termination of your account.

You may not choose a username to impersonate another person or use a name that infringes another person's rights. KTL may refuse registration or cancel a KTL User ID in its discretion, subject to applicable law. You are responsible for keeping your password confidential.

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8. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless KTL and its parents, subsidiaries, affiliates, officers, and employees from third-party claims, demands, damages, liabilities, settlements, costs, and attorneys' fees arising from your access to or use of the Services, your violation of this Agreement, or infringement of another person's rights by you or anyone using your account. This obligation does not apply to the extent applicable law prohibits it.

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9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KTL, ITS SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE, UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR:

  • (a) AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE APP, WEBSITE, SERVICES, OR THIS AGREEMENT EXCEEDING THE GREATER OF THE TOTAL FEES YOU PAID FOR THE SERVICES OR US$200;

  • (b) INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES;

  • (c) DATA LOSS OR THE COST OF SUBSTITUTE GOODS OR SERVICES; OR

  • (d) MATTERS BEYOND KTL'S REASONABLE CONTROL.

THESE LIMITATIONS DO NOT EXCLUDE OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE TERMS MAY NOT APPLY TO YOU.

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10. THIRD-PARTY WEBSITES AND DEALINGS

The Services may link to websites or services that KTL does not own or control. Your use of those third-party offerings is at your own risk and is subject to their applicable terms and privacy policies. KTL does not control or assume responsibility for their content, accuracy, practices, or availability and has no obligation to monitor or edit them.

Transactions or other dealings with third parties you encounter through the Services, including payments, delivery, warranties, and other terms, are solely between you and the relevant third party. You are responsible for evaluating those dealings before proceeding. To the extent permitted by law, KTL is not liable for resulting loss or damage.

KTL is not required to intervene in disputes between users or between a user and a third party. To the extent permitted by applicable law, you release KTL and its officers, employees, agents, and successors from claims, demands, and damages arising from such disputes, whether known or unknown.

If you are a California resident, to the extent permitted by law, you expressly waive the protections of California Civil Code Section 1542 with respect to that release. Section 1542 generally protects a releasing party from releasing claims that the party does not know or suspect exist and that would have materially affected the settlement if known. This explanation is a summary, not a quotation of the statute. Nothing in this paragraph waives rights that cannot lawfully be waived.

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11. TERMINATION

This Agreement applies while you use the Services. You may stop using the Services or terminate your account at any time by following the instructions in the App.

Subject to applicable law, KTL may suspend or terminate the Services, your account, or your access at any time, with or without notice, including if you breach this Agreement. Termination may result in loss of access to, or deletion of, information associated with your account, subject to the Privacy Policy and applicable law. Any mandatory notice or refund rights remain unaffected.

When your access is terminated, your license to use the App and Services ends, and you must stop using them. Provisions that by their nature should survive will remain effective, including provisions concerning intellectual property, licenses intended to survive, indemnification, warranty disclaimers, liability limitations, and dispute resolution.

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12. GENERAL TERMS

12.1 No waiver. A party's failure to enforce a provision does not waive its right to enforce that or any other provision later.

 

12.2 Events beyond KTL's control. To the extent permitted by law, KTL is not responsible for a failure to perform caused by circumstances beyond its reasonable control, including equipment, electronic, or communications failures.

 

12.3 Severability. If a provision is invalid or unenforceable, it will be limited or removed only to the extent necessary, and the remainder of this Agreement will remain effective.

 

12.4 Assignment. You may not assign, transfer, or sublicense this Agreement or your rights under it without KTL's prior written consent, except as expressly permitted in Section 16. KTL may assign or delegate this Agreement and its rights and obligations without your consent, subject to applicable law.

 

12.5 Entire agreement. This Agreement, together with the policies incorporated by reference, is the complete agreement concerning its subject matter and supersedes prior written and oral communications or agreements concerning that subject matter. Changes must be made under Section 1.3 or in a writing signed by both parties.

 

12.6 Independent parties. This Agreement does not create an agency, partnership, joint venture, or employment relationship. You have no authority to bind KTL.

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13. MANDATORY RIGHTS

Nothing in this Agreement limits rights or remedies that applicable law does not allow the parties to waive, including mandatory consumer protections. If a provision conflicts with such a requirement, the requirement prevails to the extent of the conflict.

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14. GOVERNING LAW AND COURT JURISDICTION

14.1 Governing law. California law governs this Agreement, without regard to its conflict-of-laws rules, except that you retain any mandatory protections that apply under the laws of your place of residence.

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14.2 Court jurisdiction. Subject to Section 14.3, disputes arising from or relating to this Agreement or the Services will be brought in the state courts located in Santa Clara County, California, or, if federal subject-matter jurisdiction exists, the United States District Court for the Northern District of California. The parties consent to the jurisdiction of those courts.

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14.3 Mandatory consumer rights and small claims. Nothing in this Section limits your right to bring an eligible claim in a small claims court with jurisdiction or to bring proceedings in another court where applicable mandatory law gives you that right. Any mandatory restrictions on where KTL may bring proceedings against a consumer also remain applicable.

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15. COPYRIGHT COMPLAINTS

KTL respects intellectual property rights and expects users to do the same. KTL may remove infringing material and terminate repeat infringers' accounts in appropriate circumstances.

If you believe material available through the Services infringes your copyright, send a written notice to the copyright contact below containing:

  • (a) your physical or electronic signature;

  • (b) identification of the copyrighted work, or a representative list of works if applicable;

  • (c) identification of the allegedly infringing material and enough information for us to locate it;

  • (d) your address, telephone number, and email address;

  • (e) a statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • (f) a statement that the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed exclusive right.

Under 17 U.S.C. Section 512(f), a person who knowingly makes a material misrepresentation that material or activity is infringing, or was removed by mistake or misidentification, may be liable for resulting damages, costs, and attorneys' fees as provided by that statute.

Copyright contact:
Keep Tossing Lab., Inc.
Rm. 604-3, 6F., No. 6, Sec. 1, Guiren 13th Rd.,
Guiren Dist., Tainan,
Taiwan
Email: contact@b4-app.com

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16. APPLE APP STORE TERMS AND IN-APP PURCHASES

16.1 Apple terms. This Section applies to the App obtained through Apple's App Store and used on Apple-branded products.

  • (a) Parties and responsibility. This Agreement is between you and KTL, not Apple Inc. ("Apple"). KTL, not Apple, is responsible for the App and its content. Your information is handled under KTL's Privacy Policy.

  • (b) License scope. The App license is non-transferable and applies to Apple-branded products you own or control, consistent with the Usage Rules in the Apple Media Services Terms and Conditions. Access by other accounts through Family Sharing or volume purchasing is permitted as those rules allow. This Agreement does not override Apple's applicable Usage Rules.

  • (c) Maintenance and support. KTL is responsible for maintenance and support promised under this Agreement or required by law. Apple has no obligation to provide maintenance or support for the App.

  • (d) Warranties. KTL is responsible for applicable warranties that have not been validly disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the App's purchase price. To the fullest extent permitted by law, Apple has no other warranty obligation for the App; KTL is responsible for other warranty-related claims, losses, liabilities, damages, costs, or expenses.

  • (e) Claims. KTL, not Apple, is responsible for addressing claims relating to the App or your possession or use of it, including product liability, legal or regulatory compliance, consumer protection, and privacy claims, subject to applicable law. KTL, not Apple, is responsible for investigating, defending, settling, and resolving third-party claims that the App or your possession or use of it infringes intellectual property rights.

  • (f) Third-party terms. You must comply with applicable third-party agreements when using the App, including your wireless service agreement.

  • (g) Legal compliance. You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a terrorist-supporting country, and that you are not on a U.S. government list of prohibited or restricted parties.

  • (h) Third-party beneficiaries. Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple has the right, and is deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary.

 

16.2 In-App Purchases. Certain features may be purchased through the App Store as one-time purchases or subscriptions ("In-App Purchases"). The price, subscription period, and any trial terms will be disclosed before purchase.

  • (a) Payment is charged to your Apple Account upon confirmation of purchase.

  • (b) If applicable, any unused portion of a free trial is forfeited when you purchase a subscription.

  • (c) Auto-renewable subscriptions renew automatically unless you turn off renewal at least 24 hours before the current subscription period ends. Your Apple Account will be charged for renewal within the 24 hours before the period ends, subject to Apple's applicable billing terms.

  • (d) You may manage or cancel your subscription through your Apple Account subscription settings. Purchases and refunds are subject to Apple's applicable terms and any mandatory rights under law.

 

16.3 Developer contact. Questions, complaints, or claims concerning the App may be directed to:

Keep Tossing Lab., Inc.
Rm. 604-3, 6F., No. 6, Sec. 1, Guiren 13th Rd.,
Guiren Dist., Tainan,
Taiwan
General support: contact@b4-app.com
In-App Purchase inquiries: contact@b4-app.com

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17. REEL SHARING AND OPTIONAL PROMOTIONAL USE

17.1 Ordinary sharing. Using a sharing feature, including a button labeled "Share this reel," allows you to share the selected reel through the destination and audience you choose, subject to Sections 1.7 and 2.2. Ordinary sharing does not, by itself, constitute permission for KTL to use the reel in its advertising or other promotional materials.

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17.2 Separate promotional permission. If KTL wishes to use your reel for promotional purposes, KTL will request a separate, optional permission that identifies the selected reel and the intended uses and channels. You may decline without losing access to the App or its ordinary sharing features. The promotional permission will take effect only when you affirmatively agree to it.

By giving that permission, you grant Keep Tossing Lab., Inc., operating b4-app, a non-exclusive, worldwide, royalty-free license to reproduce, distribute, display, and publicly perform the selected reel for the promotional uses and channels disclosed when permission is requested. Those uses may include KTL's website, official social media channels, in-app promotional placements, or paid advertisements, but only to the extent specifically disclosed and agreed to. KTL may make reasonable edits for format, length, subtitles, or presentation consistent with the agreed use, without materially misrepresenting the people or events depicted. KTL may authorize service providers to carry out these uses on its behalf, subject to the same restrictions.

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17.3 Ownership and participant permissions. You retain any ownership rights you hold in the selected reel. Unless separately agreed in writing, no compensation is payable for uses you authorize under Section 17.2. You must have the rights and permissions needed to authorize those uses, including rights in any music or other third-party content and permission to use the image, likeness, voice, and other personal information of people depicted. For minors, this includes permission from a parent or legal guardian where required by applicable law. Permission to record someone or analyze their performance does not, by itself, establish permission to use their footage for promotion. Nothing in this Section changes the age restrictions or child-data requirements in Sections 1.5 and 1.7.

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17.4 Withdrawal and removal requests. You may withdraw promotional permission or request removal of the selected reel from KTL-controlled promotional channels by emailing contact@b4-app.com and identifying the reel. KTL will stop new promotional uses and take reasonable steps to remove existing promotional copies from channels it controls as soon as reasonably practicable, subject to any applicable legal deadlines. Withdrawal does not invalidate uses lawfully made before withdrawal. KTL cannot guarantee removal of independent third-party reposts or copies outside its control, but will provide assistance where required by law. Any retention of copies must comply with the Privacy Policy and applicable law. Nothing in this Section limits mandatory deletion, privacy, or consent-withdrawal rights.

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17.5 Relationship to other terms and later changes. Section 2.3 continues to govern the general User Submissions license. For promotional uses of reels involving personal information, this Section additionally requires the separate permission described above; the general license does not replace that permission or override its scope or withdrawal. The Privacy Policy and applicable law continue to govern personal information. Changes to this Agreement do not automatically expand an existing promotional permission. KTL will obtain additional permission before using a reel for a materially different promotional purpose or channel not covered by the existing permission.

 

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