GroupMaps is a geo-relevant social mapping platform unlike any other!

GroupMaps Terms And Conditions

Effective Date: January 25th, 2021

Please read these Terms and Conditions ("Terms", or "Terms and Conditions") carefully before using the GroupMaps mobile application and website www.groupmaps.com (collectively, the "Service") operated by Mapmaker Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AS FURTHER DETAILED BELOW.

Communications

By creating an account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these marketing and promotional communications from us by following the unsubscribe link or instructions provided in any marketing or promotional email we send. Note that we may still send you emails regarding changes to our policies and/or the features and functionality of the Service, or in connection with a purchase via the Service, or other purposes specifically relating to your account and/or use of the Service.

Privacy

We respect your privacy and the use and protection of your personal information. In the course of your use of the Service, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of such personal information are set forth in the Privacy Policy, which is incorporated herein by reference for all purposes. Please review our Privacy Policy from within the GroupMaps mobile application or at www.groupmaps.com.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

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You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Mapmaker Inc. has the right but not the obligation to monitor, edit and remove any and all Content provided by users.

In addition, Content found on or through this Service are the property of Mapmaker Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you represent and warrant that you are above the age of 18, a resident of the United States, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

User Conduct

You are solely responsible for your conduct in connection with the Service. You represent, warrant and agree that, while using the Service, you will not:

  • engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, privacy, or other rights of ours or of any other person or entity;
  • submit, post, email, display, transmit or otherwise make available through or in connection with the Service any material or take any action that is or may be, unlawful, harmful, threatening, abusive, defamatory, libelous, deceptive, fraudulent, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery or content, contains a link to an adult website, or promotes bigotry, hatred or violence of any kind against any group or individual;
  • submit, post, email, display, transmit or otherwise make available on, through or in connection with the Service any material that you do not have a right to make available;

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  • submit, post, email, display, transmit or otherwise make available on, through or in connection with the Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use the Service for commercial or business purposes, including, without limitation, attempting to resell or transfer any of the products or services purchased via the Service, or exploiting information or material obtained on, through or in connection with the Service, whether or not for financial or any other form of compensation or through linking with another website or web page;
  • modify, disrupt, impair, alter or interfere with the Service or the use of the Service by any other user;
  • falsely state or otherwise represent your identity or your affiliation with any person or entity or transmit or otherwise make available on, through, or in connection with the Service any false or misleading information;
  • solicit passwords or personal identifying information for commercial or unlawful purposes from other users, or otherwise create a security or privacy risk for any other person or entity; solicit users for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “screen scraping,”, “phishing”, “database scraping,” or use or launch any automated systems that access the Service.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to help@groupmaps.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims of infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

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  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • 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;
  • 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.

You can contact our Copyright Agent Ori Barnik via email at help@groupmaps.com, by phone at 818 398 8573, or by mail at Ori Barnik, Copyright Agent, 180 Prospect St., Brooklyn, NY, 11201.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mapmaker Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mapmaker Inc..

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Mapmaker Inc.

Mapmaker Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Mapmaker Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

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GroupMaps Account Balance

Your GroupMaps Account Balance displays the total remaining balance available for the purchase of Gift Cards through our third party gift card partner, NeoCurrency, LLC.

To view your GroupMaps Account Balance, visit the Gift Card section via the Settings screen on the GroupMaps application. Gift Card purchases are deducted from your GroupMaps Balance.

Any unused GroupMaps Account Balance will remain associated with your GroupMaps account.

If a Gift Card purchase exceeds your GroupMaps Account Balance, you will be notified to add additional funds to your GroupMaps Account Balance in order to make the purchase.

Your GroupMaps Account Balance may only be redeemed toward the purchase of Gift Cards displayed in the GroupMaps Application, provided by NeoCurrency, LLC or other Third Party Gift Card Provider.

Stripe Inc. will be used to process the adding of funds to you GroupMaps Account Balance.

We reserve the right to require additional verification of your identity, account ownership, or provision of an additional payment instrument, before you are able to apply your GroupMaps Account Balance to purchase Gift Cards. When you use your GroupMaps Account Balance to purchase a Gift Card, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern (1) these terms and conditions and (2) any disputes that may arise between you and GroupMaps, NeoCurrency LLC, or any other Third Party Gift Card Provider, or our/their affiliates, related to the use of your GroupMaps Account Balance. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

GroupMaps reserves the right to charge a "Service Fee" when you add value to your GroupMaps Account Balance. This fee is charged in order to allow GroupMaps to provide users the ability to purchase gift cards from leading brands. GroupMaps may change the Service Fee any time or impose additional fees or charges.”

GroupMaps Account Balance Limitations.

Your GroupMaps Account Balance cannot be used to purchase other Gift Cards (outside the application), prepaid open loop cards, or certain third-party gift cards. Once purchased, Gift Cards cannot be reloaded; resold; used for payment outside of their respective label/brand.

No portion of your GroupMaps Account Balance may be transferred to another GroupMaps account. Your GroupMaps Account Balance may not be applied to the purchase of goods or services outside of the United States.

Your GroupMaps Account Balance cannot be redeemed for cash except where required by applicable law.

Mapmaker Inc. reserves the right to establish a daily, weekly, and/or monthly limit on the amount of funds that a user can add to their account balance.

Where permitted by applicable law, Mapmaker Inc. reserves the right to apply inactivity fees to users’ GroupMaps Account Balances after 36 months of inactivity at a rate of 2% of the total re-

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maining inactive funds per month until either (1) the account becomes active again or (2) no funds remain in the user's GroupMaps Account Balance; whichever occurs sooner.

Risk of Loss.

You are responsible for safeguarding your GroupMaps Account Balance from unauthorized use. We are not responsible for any amount of your GroupMaps Account Balance used without your permission.

Use of GroupMaps Account Balance in Violation of these Terms and Conditions.

By adding funds to your GroupMaps Account Balance you agree to comply with these terms and conditions, and not to use your GroupMaps Account Balance in any manner that is misleading, deceptive, unfair, or otherwise harmful to GroupMaps (Mapmaker Inc.), NeoCurrency LLC, any other Third Party Gift Card Provider, their affiliates, or their customers. We reserve the right, without notice to you, to void your GroupMaps Balance without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that funds were added to your GroupMaps Account Balance in fraudulently, unlawfully, or otherwise in violation of these terms and conditions. Furthermore, Mapmaker Inc. will report all suspected fraudulent, unlawful activity to the proper authorities.

Disputes.

Any dispute or claim relating in any way to your GroupMaps Account Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Attn: Adam Shipley, Sheppard Mullin, 30 Rockefeller Plaza New York, NY 10112. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.

We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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Gift Cards

GroupMaps Gift Cards are issued by NeoCurrency, LLC, a California limited liability company, or other Third Party Gift Card Providers.

Eligible Gift Cards are subject to change at Mapmaker Inc.’s sole discretion.

Gift Cards purchases may take time to process and may not be made immediately available. For any questions regarding a Gift Card that is being processed, please email help@groupmaps.com with your name, phone number, the brand and amount of the processing gift card, and the date the gift card was purchased. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply your GroupMaps Account Balance to purchase Gift Cards and/or receive a Gift Card from another user. When you purchase, send, and/or receive a Gift Card you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern (1) these terms and conditions and (2) any disputes that may arise between you and GroupMaps, NeoCurrency LLC, any other Third Party Gift Card Provider, or our/their affiliates related to your use of a Gift Cards. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

Gift Card Limitations.

Gift Cards may not be used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, redeemed for more than face value; transferred for value; redeemed for cash; or returned for a cash refund (except to the extent required by law).

Mapmaker Inc. reserves the right to establish a daily, weekly, and/or monthly limit on the amount of gift cards a user can purchase, and/or the amount of gift cards a user can redeem.

Once purchased, gift cards are also subject to the terms and conditions of any third party gift card supplier(s) including the respective gift card brands.

Users acknowledge that they waive all rights to Gift Cards purchased once those Gift Cards have been transferred (in the form of an opened Gift Egg) to another user in the application.

Gift card purchases are non-refundable however users will be able to reclaim any gift cards which have not been opened/redeemed by either an intended (i.e. private egg) or general public (i.e. public egg) recipient(s) after thirty (30) days from the date the gift card was placed on the map in the form of a gift egg. To reclaim an unredeemed gift card, please email help@groupmaps.com and include your name, phone number, the brand and amount of the unclaimed gift card, and the date the gift card was purchased. Mapmaker Inc. will process unclaimed gift card requests in a commercially reasonably effort.

Risk of Loss.

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The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Gift Cards must be obtained from GroupMaps in partnership with NeoCurrency LLC or another Third Party Gift Card Provider and you are responsible for safeguarding your GroupMaps Gift Cards from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Neither GroupMaps (Mapmaker Inc.) nor NeoCurrency LLC nor any other Third Party Gift Card Provider are responsible for, nor assume any liability for any unlawful conduct or fraud by any third party associated with any Gift Card.

Use of Gift Card in Violation of these Terms and Conditions.

You agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to GroupMaps (Mapmaker Inc.), NeoCurrency LLC, any other Third Party Gift Card Provider, their affiliates, or their customers. We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that Gift Cards were purchased fraudulently, unlawfully, or otherwise in violation of these terms and conditions. Furthermore, Mapmaker Inc. will report all suspected fraudulent, unlawful activity to the proper authorities.

Limitation of Liability.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

Gift Card Disputes.

Any dispute or claim relating in any way to Gift Cards will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Attn: Adam Shipley, Sheppard Mullin, 30 Rockefeller Plaza New York, NY 10112. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment

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of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.

We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Promotions

From time to time, we may conduct promotions on, through or in connection with the Service, including, without limitation, contests and sweepstakes. Each such promotion may have additional terms and conditions which shall be posted or otherwise made available to you and, for purposes of each such promotion, shall be deemed incorporated into and form a part of these Terms.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Mapmaker Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Mapmaker Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the

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possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, Mapmaker Inc. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

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

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER HAVE TO A TRIAL BY JURY. YOU AGREE THAT THE RESOLUTION OF ANY DISPUTES, CLAIMS OR ACTIONS ARISING HEREUNDER, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USE OF THE SERVICE, SHALL BE CONDUCTED IN THE PARTY’S INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

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Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us by email at help@groupmaps.- com.

These Terms were last modified on the date indicated above and are effective as of such date.

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