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Privacy Policy

Last updated July 2023
Our mission is to make life simpler. We think privacy policies should be like that too.
1. About Us
Eggy  is an Australian software company based on the Gold Coast, Queensland. Eggy was founded in 2018 and the first version of the Eggy app was  released to the public in 2020.

This policy is designed to inform you about how we handle your personal  information and how we comply with our legal obligations.

In  this policy, when we refer to ‘Eggy', we're referring to all Eggy's  products. This includes the Eggy mobile app, web app and website. When  we refer to ‘Eggy Pty Ltd' (ACN 636 901 258) or ‘us' or ‘we' or ‘our',  we're referring to Eggy the company.

We refer to the Australian Privacy Principles (APPs) and the Privacy Act 1988  (The Act) in this policy. These govern our obligations around Eggy's  personal information handling practices in Australia. Where Eggy is  accessed outside of Australia, additional provisions may apply that are  outlined in the section “Specific Provisions for California Residents”.

Personal information,  as per The Act, includes a broad range of information that could  identify an individual. For example, an individual's name, address,  sensitive information, photographs, internet protocol (IP) addresses and  location information from a mobile device.
2. How we protect and handle your information
Our  intention is to build an app that helps busy people manage all their  life's info in the one place. We collect and use information from you so  that you can do that.
  1. Eggy Free: This is the base free tier of the Services designed for a single User. It enables the User to receive schedules, create up to five “Life Items” and store up to 100 attachments in the User’s account”. The User is required  to sign up to Eggy Free using their email address if they create more  than five “Life Items” via the Eggy App. Eggy Free is free to use.
  2. Eggy Pro: This is a tier of the Services designed for multiple Users with  administrative access (Admin Users). It allows Users to share schedules, coordinate plans with other Users and share files and checklists across a group of Users. Eggy Pro enables up to five Admin Users to edit content in unlimited shared spaces that can admit up to 15 Users. For an  annual subscription, Eggy Pro costs $3.50 per month at a $42 per year.  For a monthly subscription, Eggy Pro costs $5 per month at $60 per year.
As  Eggy users ourselves, we know that personal information, like your life  admin info, is so important to you. That's why we only collect the  information that's necessary to deliver on our intention to make life  simpler.

We're committed  to making sure your information is protected and handled appropriately.  So we've implemented technical, organisational and physical security  measures that are according to best practice standards.

We're  always trying to improve and optimise your experience with Eggy. And we  also want to promptly resolve any technical issues that you may  encounter when using Eggy. We need to collect information from you to do  these things too.

We  don't sell your information to third parties. Your information is always  yours. You can access, edit, or delete your information at any time.

We  take privacy seriously. And we are nothing without our users.  Protecting our users' information is ingrained in our culture, and our  privacy practices are in accordance with the Australian Privacy  Principles (APPs), under the Privacy Act 1988 (The Act).

We  want you to feel confident that we protect your information and handle  it appropriately. We also want to be clear about how we protect and  handle your information. Below are some specifics around that.
3. What information we collect and why we collect it
What information we collect Why we collect it
Contact information

e.g. your name and email address

• To create and maintain your account
• To verify your identity
• To personalise our communications with you
• To help you understand how to use Eggy
• To share relevant information with you like feature updates
Your content

e.g. your files, images and other content you add

• So you can digitally store and manage your life's information in one place
• So we can understand the types of information that Eggy is being used to manage
Your communications

e.g. your emails and messages to us

• To help resolve technical issues you might experience with Eggy
• To understand how Eggy is and isn't providing value to you
• To optimise your future experience with Eggy
• To share testimonials about Eggy with the Eggy community e.g. on social media
Usage data

e.g. device information, cookies and data analytics

• To understand how you interact with Eggy, and what is and isn't providing value to you
• To help resolve technical issues you might experience with Eggy
To optimise your future experience with Eggy
• To help us understand the general locations where
Approximate location information

e.g. Sydney, Santa Clara, Wellington
• To help us understand the general locations where Eggy is being used
• To help resolve technical issues you might experience with Eggy
Diagnostic data

e.g. crash logs, performance data

• To help resolve issues you might experience with Eggy
• To improve Eggy's performance for you in the future
Research data

e.g. user interviews and surveys
• To understand how we can optimise your experience with Eggy
• To understand how Eggy is and isn't providing value to you
Cookies and similar technologies e.g. web beacons, pixels, tags, and scripts
• To improve and personalise your experience, provide our services, analyse website performance and for marketing purposes.
• To learn more, please see our Cookie Policy.
In order to access and use the Services you must register a User Account.

Registering  a User Account with the Services is free. We want our Services to be open and inclusive, but we also need them to be safe, secure, and  compliant with the law.

Accordingly:
(a) you must be at least 18 years  of age or older and of legal age to form a binding contract. Minors under 18 and at least 13 years of age, are only permitted to use Eggy through an account owned by a parent or legal guardian with their appropriate permission;
(b) you must not be prohibited from receiving  any aspect of our Services under applicable laws or engaging in payments related to Services if you are on an applicable denied party listing;  
and
(c) we must not have previously disabled your account for violation of law, our Terms or any of our policies.

At its sole and absolute discretion, Eggy may refuse to allow any User to register or create a User Account, or may cancel or suspend any existing User Account.

You may not have more than one (1) User Account.

You may not sell, rent, lease, share or provide access to your User Account  (including any username) to anyone else, including without limitation charging anyone for access to administrative rights on your User Account. Eggy reserves all available legal rights and remedies to  prevent unauthorised use of the Services, including, but not limited to,  technological barriers, IP mapping, and, in serious cases, directly  contacting your Internet Service Provider (ISP) regarding such unauthorised use.

In registering for a User Account you agree to: (a) provide true, accurate, current and complete information about yourself (‘User Account Data’);  and (b) maintain and promptly update the User Account Data. By  registering a User Account you represent that you are not a person  barred from receiving the Services by Eggy or under the laws of any  applicable jurisdiction.

You agree that Eggy may use your User Account Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Account Data that is inaccurate or not current, or Eggy has reasonable  grounds to suspect that such User Account Data is inaccurate or not current, Eggy has the right to suspend or terminate your User Account  and refuse current or future use of the Services.

You agree that Eggy may use your User Account Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Account Data that is inaccurate or not current, or Eggy has reasonable grounds to suspect that such User Account Data is inaccurate or not current, Eggy has the right to suspend or terminate your User  Account and refuse current or future use of the Services.

You are solely responsible for maintaining the confidentiality of your User Account password and for restricting access to your password, your computer and mobile device while logged into the Services. Although we endeavour to use reasonable security measures to protect against  unauthorised access to your User Account. We cannot, however, guarantee  absolute security of your User Account, User Account Data, your User Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party ‘hackers’ from illegally accessing the Services or its contents.

You agree to immediately notify Eggy of any unauthorised use of your User Account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to User Account Data and any other information or User Content you provide to Eggy.

You further agree that Eggy may contact you:
(a) via telephone, text  messages, email or through the Services in the provision of access to  the Services; and
(b) by email, text messages or in connection with a  User Account, including for marketing purposes.

4. How we collect and handle your information
We  collect information from you when you access or use Eggy. This may be  when you use the Eggy mobile app or web app, or when you visit the Eggy website.

Your  information collected through Eggy may be stored, transferred and processed in Australia, New Zealand, the United States, Ukraine and any other country in which Eggy or its subsidiaries, affiliates or service  providers maintain facilities or employ staff or contractors.

Eggy  may transfer information that we collect about you, including personal information, to affiliated entities, and to other third parties across  borders and from your country or jurisdiction to other countries or  jurisdictions around the world.

As  a result, we may transfer information, including personal information,  to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. However, we always take steps to ensure that your information remains protected wherever it is stored and  processed in accordance with applicable laws.

Where  required under applicable laws, you consent to the transfer of information to Australia or any other country in which Eggy or its  parent, subsidiaries, affiliates or service providers maintain  facilities and the use and disclosure of information about you as  described in this Privacy Policy.

In  the event that you contact us to ask for help with using Eggy or to  share feedback about Eggy, we collect that information too.

We  may also collect information from you when you interact with us on  publicly available platforms e.g. if you send us a message or leave a  comment on an Eggy social media post.In  certain circumstances, we may collect personal information about you  from third parties. This includes service providers who we use to  deliver on our intention, to communicate with our users' and to help us  optimise your experience of Eggy.

Where possible and appropriate, users' information is deidentified and aggregated to protect individuals' anonymity.
5. Who we may share your information with
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

Only  authorised Eggy team members can access your information. Everyone in the Eggy team, including employees, advisors and contractors, is given  access to only what they need to do their job, as per the principle of  least privilege.

We only work with service providers who we trust and we have agreements in place with them to protect your information.

We may share your personal information with third parties as detailed below.
  • With  service providers. We share personal information for business purposes with service providers that provide us with services for the purpose of  operating Eggy, opening and operating your account as well as providing  ancillary services and solutions. These include, among others, hosting  services, billing and payment processors and vendors, CRM systems, forum  hosting, community management services, data and cybersecurity  services, web analytics and performance tools, translation tools, IT  SaaS services, session recording, communication systems, mailing  systems, data optimization and marketing services, data enrichment  services, legal and financial advisors or technical consultants. Consistent with applicable legal requirements, we take appropriate  technical and organisational measures to require third parties to  adequately safeguard your personal information and only process it in  accordance with our instructions.
  • For legal reasons. We share  personal information with law enforcement agencies, public authorities  or other parties in order to respond to a subpoena or court order,  judicial process or to regulatory authorities, if we believe we are  required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate  to disclose personal information to law enforcement authorities, such  as to investigate actual or suspected fraud or violations of law,  breaches of security, or breaches of this Policy; to respond to claims  against us; and to protect the rights, property, or personal safety of Eggy, our customers, or the public.
  • For payments and fraud  detection. We share personal information with payment processors, fraud  detection agencies and similar third parties for the purpose of  facilitating payments done via Eggy and securing Eggy and protecting it  against fraud, unauthorised transactions (such as money laundering), claims or other liabilities.
  • With social media partners. Eggy  includes certain social media features, including single sign on  features. We also share limited personal information with such social  media platforms and marketing partners, such as Facebook and Google, to  promote our services or Eggy shared spaces. Such features and third  party services collect certain information about you and may set a cookie to enable their functionality. Such third parties’ features are  governed by their policies.
All of our infrastructure is hosted in Amazon Web Services (AWS) data centres and we generally don't disclose your personal  information to entities outside of Australia. Sometimes however, subject  to relevant law, we may disclose your information to individuals or  organisations that are overseas. This is only done when we've taken  steps to ensure that your information will be treated as favourably as  it is under The Act.

If required to do so by law or court orders, we may also share your information with government and law enforcement agencies.

In  the event that other entities acquire ownership or operation of Eggy,  your information will be transferred to those entities. But we'd inform  you prior if that were to happen.

You may share the information in your Eggy app with other holders of an  Eggy account. Similarly, you can disable the other account holder's  access to the shared information within the app.
6. How we keep your information safe
Protecting  our users' information is ingrained in our culture. We use secure systems and processes to help protect your information. All files  uploaded by Eggy users' are stored in Australian AWS cloud-based data centres.

We've  implemented technical, organisational and physical security measures  that are according to best practice standards. We use a combination of  encryption, secure storage, and human controls to keep your information  safe.

As part of our  commitment to privacy, we'll routinely review these security procedures  and consider other new technologies and methods as they evolve.You can read more about how we keep your information safe in our Security Centre.
7. How long we keep your information for
We  apply a general rule of keeping personal information only for as long  as is required to fulfil the purpose for which it was collected.  However, in some circumstances, we will retain your personal information  for longer periods of time. In particular, for the following purposes:
  • as  long as it is necessary and relevant for our operations, e.g. so that  we have an accurate record of your dealings with us in the event of any  complaints or challenges; and
  • in relation to personal  information from closed accounts to comply with applicable laws, prevent  fraud, collect any fees owed, resolve disputes, troubleshoot problems,  assist with any investigation, enforce  Eggy’s Terms of Service and take other actions as permitted by law.
8. How we protect children's privacy
Eggy is offered and available to users who are at least 18 years of age or older and of legal age to form a binding contract. Minors under 18 and at least 13 years of age, are only permitted to use Eggy through an account owned by a parent or legal guardian with their appropriate  permission.

Minors under 13 are not permitted to use Eggy. We do not knowingly collect personal information from children under 13 years of age. Parents and guardians should at all times supervise their children's activities.

If we learn we have collected or received personal information from a child under 13, we will delete that personal information. If you believe  we might have any information from or about a child under 13, please  contact us at info@eggy.as
  • Is false, inaccurate or misleading or deceptive;
  • Is fraudulent or involves the sale of counterfeit or stolen items;
  • Infringes any third-party’s intellectual property rights;
  • Violates any applicable law, statute, ordinance or regulation;
  • Is defamatory, libellous, threatening or harassing;
  • Is  obscene or contains any material that, in Eggy’s sole and absolute  discretion, is in any way inappropriate or unlawful, including, but not  limited to obscene, inappropriate or unlawful images;
  • intentionally or unintentionally causes harm or subverts the intended function of the Services;
  • surreptitiously and/or without authority intercepts, accesses or expropriates any  system, data or personal information from the Services.
You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
  • Accessing the Services by any means other than through the interfaces that are provided by Eggy.
  • Using,  copying, modifying, creating a derivative work of, reverse engineering,  decompiling or otherwise attempting to extract the source code of the  software underlying the Services or any part thereof, unless expressly  permitted or required by law, and in any case, without providing prior  written notice to Eggy;
  • Attempting to disrupt, degrade, impair  or violate the integrity or security of the Services or the computers,  services, User Accounts or networks of any other party (including,  without limitation, ‘hacking,’ ‘denial of service’ attacks, etc.),  including any activity that typically precedes attempts to breach  security such as scanning, probing or other testing or vulnerability  assessment activity, or engaging in or permitting any network or hosting  activity that results in the blacklisting or other blockage of Eggy  internet protocol space;
  • Avoiding payment of charges or fees payable by you with respect to the Services;
  • Distributing,  or disclosing any part of the Services in any medium, including without  limitation by any automated or non-automated ‘scraping’;
  • Using any automated system, including, without limitation, ‘robots,’ ‘spiders,’ ‘offline readers,’ etc., to access the Services;
  • Taking  any action that imposes, or may impose, at our sole discretion, an  unreasonable or disproportionately large load on our infrastructure;
  • Collecting  or harvesting any information relating to an identified or identifiable  individual, including User Account names and information about users of  the Services, from the Service;
  • Using the Services for any commercial solicitation purposes;
  • Submitting  to the Services or to Eggy any personally identifiable information,  except as necessary for the establishment and operation of your User  Account;
  • Submitting to the Services or to Eggy any information that may be protected from disclosure by applicable law;
  • Bypassing  the measures we may use to prevent or restrict access to the Services,  including, without limitation, features that prevent or restrict use or  copying of any content or enforce limitations on use of the Services or  the content therein;
  • Violating any applicable law, statute,  ordinance or regulation, or encouraging any conduct that could  constitute a criminal offense or give rise to civil liability;
  • Removing any copyright, trade mark or other proprietary rights notices contained in or on the Services;
  • Violating any applicable law, statute,  ordinance or regulation, or encouraging any conduct that could  constitute a criminal offense or give rise to civil liability;
  • Executing  any form of network monitoring or running a network analyser or packet  sniffer or other technology to intercept, decode, mine or display any  packets used to communicate between Eggy’s servers, the Services or any  data not intended for you; or
  • Using any communication methods  available on the Services for improper purpose, including but not  limited to sending communications and materials that are related to the  subject matter for which Eggy provides the communication method.
You  are granted a limited, non-exclusive right to create a text hyperlink  to the Services for non- commercial use only, provided such link does  not portray Eggy or any of its products or services in a false,  misleading, derogatory or otherwise defamatory manner, and provided  further that the linking site does not contain any pornographic,  illegal, offensive, harassing or otherwise objectionable material. You  are further granted a right to implement any RSS feeds located on the  Services for your personal, non-commercial use, solely as described on  the Services. We reserve the right to revoke these licenses generally,  or your right to use specific links or RSS feeds, at any time, with or  without cause.

Access to the Services may require the use of  your personal computer or mobile device, as well as communications with  or use of space on such devices. You understand that you are responsible  for any Internet connection or mobile fees and charges including  without limitation any charges associated with sending communications  via your device that you incur when accessing the Services.

You hereby acknowledge that you have the right to communicate with your contacts via the Services.
9. How we would manage a data breach
If Eggy suffers a data breach, we will take all necessary steps to comply with the Notifiable Data Breaches scheme as per The Act. This means we would enact our Data Breach Response Plan  and notify affected individuals and the Australian Information Commissioner if the data breach is likely to result in serious harm.

If  you believe that your personal information has been accessed or disclosed without authorisation or has been lost, please email  info@eggy.as with details of the incident so that we can investigate it.
10. Accessing and deleting your information
You can access, edit or delete your information at any time by logging into your Eggy account.

You can also delete your account and its contents in the Account section of your Eggy app.

When  you delete your personal information, we take reasonable steps to ensure that it is removed from our systems and permanently destroyed within 7 days.

If you're unable to delete your account and its contents by yourself, you can ask us to do it by sending an email to info@eggy.as

Eggy  may retain personal information in circumstances where we have legal  and regulatory obligations to do so. We may also retain anonymised  information for analytic and service development purposes.
11. Do Not Track
Do  Not Track (DNT) is a privacy preference that users can set in some web  browsers, allowing users to opt out of tracking by websites and online  services.

We do not honour browser requests not to be tracked online (known as “Do Not Track”), but our  Cookie Policy describes how you can opt out of cookies.
12. External Links
Please  note that Eggy may contain links to third party sites. If you navigate  to a third party site from Eggy, any data you provide to that site and  any use of that data by the third party are not under the control of  Eggy and are not subject to this Policy. You should consult the privacy  policies of each site you visit.

This  Policy applies solely to personal information collected by Eggy. If you  upload content, including personal information, to a social network and then tag Eggy, your submission will be subject to that social network's  terms of use and privacy policy, even where you post on an official  Eggy page on the social network.

We do not have control over these terms  of use and privacy policies and have not reviewed their adequacy. You  should therefore review these before submitting any personal  information.
13. Specific Provisions for California Residents
This  section contains information relevant to residents of California, including the rights that California residents have under California law. In particular, it references the California Consumer Privacy Act of 2018 (CCPA).

We  use the personal information that we collect or receive for business  purposes as described above under the section titled “What information  we collect and why we collect it”.We  may disclose the above listed categories of personal information to  third parties for business purposes as described above under the section  titled “Who we may share your information with”. In the preceding  twelve (12) months, we have disclosed all the categories of personal  information detailed above for business purposes.

As previously mentioned in this Policy, we do not “sell” (as such term is defined in the CCPA) your personal information.

You  are entitled to the following specific rights under the CCPA, subject  to certain exceptions, in relation to personal information related to  you:
  • You have a  right to request access to the personal information we have collected about you over the past 12 months, including: (i) the categories of  personal information we collect about you; (ii) the categories of  sources from which the personal information is collected; (iii) the business or commercial purpose for collecting your personal information;  (iv) the categories of third parties with whom we have shared your  personal information; (v) the specific pieces of personal information  that we have collected about you.
  • You have a right to request  that we delete personal information related to you that we collected  from you under certain circumstances and exceptions.
  • You also have a right not to be discriminated against for exercising your rights under the CCPA.
  • You  also have a right to submit your request via an authorised agent. If  you use an authorised agent to submit a request to access or delete your  personal information on your behalf, the authorised agent must: (1) be a  person or business entity registered with the California Secretary of  State to conduct business in California; (2) provide proof of such  registration; and (3) provide documentation or other proof indicating that they are authorised to act on your behalf. We may also require you  to verify your identity directly with us, and directly confirm with us  that you provided the authorised agent permission to submit the request.
To  make such requests, we kindly ask that you send a request using Eggy’s  in-app customer support portal. If you do not have an active Eggy  account, please contact us at info@eggy.asWe will verify your request using the information associated with your account, including email address.

A  request for access can be made by you only twice within a 12-months period. Any disclosures that we provide will only cover the 12-months  period preceding receipt of your request

We do not charge a fee to  process or respond to your verifiable User request unless it is  excessive, repetitive, or manifestly unfounded. If we determine that the  request warrants a fee, we will inform you of the reasons for such a decision and provide you with a cost estimate before processing further  your request.
14. Policy changes
To make sure that our privacy practices are up-to-date, this Privacy Policy will change from time to time.

In  the event that our Privacy Policy does change, we'll update it on our  website and we'll email all Eggy users to let them know.
Contacting us
If you've got any questions or concerns about how your information is being handled or protected, please email info@eggy.as. We'll respond as quickly as possible.

In  the event that you're not satisfied with our response, or you'd like to  make a formal complaint, you can also contact the Office of the  Australian Information Commissioner (OAIC) by phoning 1300 363 992 or  email enquiries@oaic.gov.au

We  hope this Privacy Policy has helped you understand how we protect and handle your information so that you can get on with making life  unscrambled.
16. Choice of Law and Forum
These  Terms are governed by the laws of New South Wales, Australia. You and  Eggy submit to the exclusive jurisdiction of the courts of New South  Wales, Australia.
17. Termination
You  agree that Eggy may, under certain serious circumstances and without  prior notice, immediately terminate your User Account and/or access to  the Services. Cause for such termination shall include, but not be  limited to:
  • breaches or violations of the Terms or other incorporated agreements, policies or guidelines;
  • requests by law enforcement or other government agencies;
  • a request by you (e.g. a request to have your User Account deleted);
  • discontinuance or material modification to the Services (or any portion thereof);
  • unexpected technical or security issues or problems;
  • extended periods of inactivity; and/or
  • non-payment of any fees owed by you in connection with the Services.
You  agree that all terminations for cause shall be made in Eggy’s sole  discretion and that Eggy shall not be liable to you or any third-party  for any termination of your User Account or access to the Services.

Termination of your User Account may result in:
  • removal of access to all offerings within the Services;
  • deletion of personal information, files and Content associated with your User Account; and
  • barring of further use of the Services.
Notwithstanding  any other provision of these Terms, the parties agree that the  following clauses will survive termination of your User Account and/or  the Terms as will any other provision that expressly claims such  survival:
  • Clause 4 – User Content;
  • Clause 7 – Your Feedback;
  • Clause 8 – Intellectual Property;
  • Clause 9 – Disclaimer;
  • Clause 10 – Liability;
  • Clause 11 – Indemnity;
  • Clause 12 – Class Action Waiver;
  • Clause 13 – Choice of law and Forum; and
  • Clause 15 – General.
18. General
These Terms constitute the entire agreement between you and Eggy with respect to your use of the Services.

You  agree that no joint venture, partnership, joint controllership,  employment or agency relationship exists between you or your  organisation and Eggy as a result of the Terms or your use of the  Services.

A failure by Eggy to enforce any one of these terms  and conditions in any instance(s) will not give rise to any claim or  right of action by any other person or you.

If any provision of  the Terms is found by a court of competent jurisdiction to be invalid,  the parties nevertheless agree that the court should endeavour to give  effect to the parties’ intentions as reflected in the provision, and the  other provisions of the Terms remain in full force and effect.

You  may not assign, delegate or otherwise transfer your User Account or  your obligations under these Terms without the prior written consent of  Eggy. Eggy has the right, in its sole discretion, to transfer or assign  all or any part of its rights under these Terms and will have the right  to delegate or use third-party contractors to fulfil its duties and  obligations under these Terms and in connection with the Services.

Sections, titles and headings in the Terms are for convenience only and have no legal or contractual effect.

Any rights not expressly granted herein are reserved.
19. Modification of the Terms and Services
Certain  provisions of the Terms may be supplemented or superseded by expressly  designated legal notices or terms made available the Services. Eggy  reserves the right to update the Terms at any time and for any reason in  its sole discretion.

Eggy will notify you of any material changes to  the Terms or to any service or other features of the Services. By  continuing to access or use the Services, you are agreeing to be bound  by the modified Terms. If the modified Terms are not acceptable to you,  your only recourse is to cease using the Services.
20. Support and Questions
We will respond to any questions regarding the Services and these Terms via info@eggy.as.

We generally respond support requests within 2 days after the request is placed.

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