THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES PROVIDED BY DigiMac™ Marketing. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DigiMac™ Marketing, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT.

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (WHEREVER APPLICABLE) (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND GOODBYE 9-5 LLC, THE LEGAL ENTITY THAT OPERATES DigiMac™ Marketing, AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “DigiMac™ Marketing,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH US RELATED TO THE PLATFORM.

DigiMac™ Marketing reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms. DigiMac™
Marketing is only providing the Platform for your business use without any promise of exclusivity. DigiMac™ Marketing’s customers, users, entrepreneurs, affiliate marketers, experts, and partners are not DigiMac™ Marketing’s employees, contractors, or representatives. DigiMac™ Marketing is not responsible for any interactions between you and your customers, other than providing access to the
Platform. DigiMac™ Marketing is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your
customers.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of Platform

1.1. Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of
our Competitors or intend to gain access to the Platform in order to compete with the Platform.

1.2 Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account used to access the DigiMac™ Marketing Platform (available at app.digimacpro.com). The Platform is intended for
business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. If multiple parties claim to be the “owner” of a particular Platform account, DigiMac™ Marketing will deem the owner to be the person who can demonstrate their ownership (in whole or in part) of the underlying business entity for which the Platform Account was created by providing government-issued documentation of such ownership. If DigiMac™ Marketing is unable to determine the rightful owner of the Platform Account, DigiMac™ Marketing reserves the right to suspend or terminate the Platform Account until the disputing parties have mutually agreed on ownership or until a court has ordered DigiMac™ Marketing to grant access to a specific individual.

1.3 Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited
Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees,
agents, and customers who use the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as
restrictive as these Terms; (vi) You own or control all rights in and to all content you provide to DigiMac™ Marketing, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication
provider; and (viii) You will not give access to the Platform or Services to a direct Competitor of DigiMac™ Marketing, (ix) You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure,
ideas, know-how or algorithms; (x) You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us); and (xi) You will not remove any proprietary notices or labels.

DigiMac™ Marketing is a provider of a white-labeled communication platform (app.digimacpro.com) and does not originate or send messages on behalf of its clients’ end users. Clients control the content, timing, and recipients of all automated communications sent via their Platform accounts (e.g., SMS, MMS, email, or voice messages). DigiMac™ Marketing may
communicate directly with its own customers regarding account access, service updates, or support issues. Clients are responsible for ensuring their own compliance with all laws governing their communications, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and Do Not Call regulations.

1.5 Privacy. By using the Platform and providing Information on or through the Platform, you consent to DigiMac™ Marketing’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that DigiMac™ Marketing Has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by DigiMac™ Marketing. You must obtain consent from your customers, affirmatively acknowledging that your
customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

1.6 Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account (accessible via app.digimacpro.com) and Login Credentials, whether or not authorized by you. You agree to notify DigiMac™ Marketing immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. DigiMac™ Marketing reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in DigiMac™ Marketing’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials. You give consent to DigiMac™ Marketing to access and monitor your Platform Account and your customer’s accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce
these Terms.

1.7 Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If You use these
features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to the Telephone Consumer Protection Act (“TCPA”), the Do Not Call Registry Rules and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. DigiMac™ Marketing is not responsible for your compliance with laws and does not
represent that your use of the Platform will comply with any laws. App.digimacpro.com is a technology platform communication service application provider ONLY. DigiMac™ Marketing and app.digimacpro.com do not originate, send, or deliver any communications on behalf of clients’ customers or end users. Clients are fully responsible for the content and legal compliance of
messages they send via the Platform. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction. Communication Surcharges are subject to the Leadconnector Terms of
Service.

1.8 Third Party Services. You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant
permission to DigiMac™ Marketing to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through the Platform. You also represent and warrant that You have the appropriate consents for importing any data (including data of your customers) that you request DigiMac™ Marketing to import from other Third-Party
Services and/or are the rightful owner of such data. DigiMac™ Marketing is not responsible for, and DigiMac™ Marketing hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether DigiMac™ Marketing endorses, approves, promotes, or
supports any such ThirdParty Services. You hereby irrevocably waive any claim against DigiMac™ Marketing with respect to the content or operation of any Third-Party Services. Your use of the Third-Party Services is governed by Your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with
any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk. DigiMac™ Marketing disclaims all liability related to outages or downtime of Third Party Services. DigiMac™ Marketing does not guarantee the interoperation, integration, or support of any Third-Party Services nor give any representation, warranty or
endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services. DigiMac™ Marketing may, at any time, in its sole discretion, modify the Platform or Services, which may impact interoperation,
integration, or support of Third-Party Services.

If you elect to pause or delete some or all of your Platform Account, certain features, functionality, or Services, including Third Party Services (such as LeadConnector phone numbers or email services), may not be recoverable or retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and DigiMac™ Marketing is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), DigiMac™ Marketing reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability to you.

1.9 Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of DigiMac™ Marketing. DigiMac™ Marketing is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and
any applicable laws.

1.10 Excessive Use Restrictions; Trials. DigiMac™ Marketing provides access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in DigiMac™
Marketing’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if DigiMac™ Marketing’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

Trial periods are not intended to be used consecutively. If we discover that you are doing back-to-back trials to avoid paying a subscription fee, then, without prejudice to any other remedies available under law, DigiMac™ Marketing reserves the right to suspend or terminate your use of
the Platform or Services and further ban you from using the Platform or Services in DigiMac™ Marketing’s sole discretion.

1.11 Platform Updates. DigiMac™ Marketing reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on DigiMac™ Marketing’s future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.

1.12 International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. DigiMac™ Marketing makes no representation that materials on the Platform are appropriate or available for use in locations outside the United
States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic
sanctions and export control laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (collectively,“Export Control Laws”). By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Services, or any software or technology that supports the Platform or your content, or the Platform Content violating any such Export Control Laws. Specifically, and without limitation, the Platform, the Services, or any software or technology that supports the Platform, or your content, or Platform Content may not be exported, transferred, or released, or provide access (a) into any U.S. embargoed countries (including, without limitation Cuba, Iran, North Korea, Syria and the Crimea, Donetsk, and Luhansk regions, Russia and Belarus (a“Prohibited Jurisdiction”); or (b) to anyone included in the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable restricted party lists.

You represent, warrant and covenant that (i) You are not named on, or owned or controlled by any party named on, any U.S. government’s (or other government’s or international body’s) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person,
(ii) You are not a national of, located in, or an entity (or a director/employee/agent/representative of such entity) registered in, any Prohibited Jurisdiction, or an entity that is or has been greater than 50% owned or controlled by any person or persons described in Clause (i) or (ii) and are not Military End Users and will not put DigiMac™ Marketing or the Platform to a Military End Use, as defined in 15 C.F.R. 744.21, (iii) You will not permit your users to access or use the Platform and/or Service or provide any services to any person(s) in violation of any Export Control Laws, (iv) no user data created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws, and (v) You shall comply with all applicable laws regarding the
transmission of technical data exported from the United States and the country in which You and Your Users are located. You further agree that You will not use the Platform and/or Services to disclose, transfer, download, export or re-export, directly or indirectly, any of your user data or your content to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which You may be subject. You acknowledge that the Platform and/or Service and other software may not be available in all jurisdictions and that You are solely responsible for complying with the Export Control Laws. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited. We reserve the right to terminate access to any Platform Account that we determine to be a prohibited end-user or engaging in prohibited end-use, without any liability to such user.

1.13 Artificial Intelligence Acceptable Use policy: Before using Artificial Intelligence (“AI”) features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use policy which is attached hereto as Exhibit B.

1.14 Domain Names. If you use the Platform to purchase a domain name, DigiMac™ Marketing will purchase it on your behalf, and DigiMac™ Marketing will be the listed registrant. You must use the domain name in compliance with these Terms. If requested by You in writing, DigiMac™ Marketing
will transfer the domain name to you. A transfer fee may apply. You agree to indemnify and hold DigiMac™ Marketing harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of such domain, including any breach of these Terms and any violations of applicable laws as it pertains to use of the domain name.

1.15 Customer Account Transfer Requests. DigiMac™ Marketing will not fulfill SubAccount transfer requests made by your customers unless you have approved the transfer through our in-app transfer request process. DigiMac™ Marketing will only fulfill transfers of Sub-Accounts without Your
approval if: (i) the Sub-Account has attempted to seek your approval through the in-app transfer request process, (ii) you have failed to respond to the Customer for at least 30 days, and (iv) either (a) your Platform Account has been canceled by you or force-canceled for non-payment and not reactivated within 30 days, or (b) your Platform Account has been suspended or terminated
due to your breach of these Terms.

1.16 Bug Bounty Program. DigiMac™ Marketing does not have a bug bounty program and does not pay bug bounties. DigiMac™ Marketing prohibits any thirdparty access to the Platform or any DigiMac™ Marketing systems or networks, including any network penetration testing, security assessment or probing, except as expressly permitted by these Terms or as agreed to by
DigiMac™ Marketing in a separate written agreement.

1.17 Ecommerce Products and Services. You are solely responsible for the Materials that you may sell through the Platform and/or Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations. You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfillment timelines on Your store using the Platform. DigiMac™ Marketing does not provide refunds to your customers. DigiMac™ Marketing does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from any part of the Platform, including if DigiMac™ Marketing determines in its sole discretion that the Materials that you offer through the Platform, or the Materials uploaded or posted to the Platform, violate our Code of Conduct or these Terms. You agree that DigiMac™ Marketing can, at any time,
review and delete any or all of the Materials submitted to the Platform and/or Services, although DigiMac™ Marketing is not obligated to do so. You acknowledge and agree that the Platform and/or Services are not a marketplace, and any contract of sale made through the Platform and/or Services is directly between You and the customer. You are the seller of record for all items you sell through the Platform and/or Services. You are responsible for the creation and operation of Your store, Your Materials, the goods and services that you may sell through the Platform and/or Services, and all aspects of the transactions between You and Your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or Your breach of these Terms. You represent and warrant that Your store, Your Materials and the goods and services you sell through the Platform and/or Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, DigiMac™ Marketing will not be the seller or merchant of record and will have no responsibility for Your store or items sold to customers through the Platform and/or Services. DigiMac™ Marketing reserves the right to provide our Services and/or Platform to Your competitors and make no promise of exclusivity. You further acknowledge and agree that DigiMac™ Marketing employees and contractors may also be DigiMac™ Marketing customers or merchants and that they may compete with You. DigiMac™ Marketing is not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. You need to ensure that the terms & conditions applicable to your transactions with your customers do not conflict with these Terms.

2. Code of Conduct

You represent and warrant that, when using the Platform, you will comply with the Code of Conduct set forth in Exhibit A. DigiMac™ Marketing reserves the right to seek all remedies available to it in the event that You violate this Agreement, including the Code of Conduct, up to and including
termination of your Platform Account.

3. Payment

3.1 Fees and Auto-Renewal. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of the Platform is subject to the timely payment of your and your customers’ Fees. Fees may include, but are not limited to: subscription fees, Communication Surcharges, add-on service fees, or other usage-based or subscription-based Fees offered by DigiMac™ Marketing as incurred by you and your customers. Fee rates and amounts may change from time to time. Fees for subscription services will be billed in advance of Services on a monthly or annual basis, depending on your subscription plan. Usagebased fees, including but not limited to Communications Surcharges, are calculated based on usage and will be billed monthly as separate line items on your invoice. We will automatically charge the card on file when your Fees become
due.

3.2 Late Payments and Payment Disputes. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your
card, we are still unable to process the transaction, your Platform Account may be force-canceled for nonpayment in DigiMac™ Marketing’s sole discretion. Additionally, we may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. In the event that you dispute any charges on your invoice, You must notify us in writing within thirty (30) days of the invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All DigiMac™ Marketing determinations regarding your obligation to pay invoiced Fees and charges are final.

3.3 Cancellations. You may cancel your subscription through your Platform Account, by submitting a support ticket, or by calling our support team at (757) 378-0908. You are solely responsible for the cancellation of Services associated with your account, and, subject to other provisions of these Terms, you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

3.4 Refunds

3.4.1 Nonrefundable Fees. All Fees assessed by DigiMac™ Marketing are nonrefundable, including subscription Fees, Communication Surcharges, and DigiMac™ Marketing’s resale of Third Party Services, regardless of whether you actually accessed or used the Platform Account or Services
during your subscription period. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. DigiMac™ Marketing does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. Except as may be required by law, DigiMac™ Marketing reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and DigiMac™ Marketing’s determination of if and when to issue or deny a refund or credit is final.

3.4.2 Pre-paid and Minimum Commitment Subscriptions. DigiMac™ Marketing resells some Services and Third Party Services that require pre-payment (including but not limited to ad-buying and other services). Unused or cancelled pre-paid services are non-refundable. DigiMac™ Marketing may, in its sole discretion, issue account credits for future services in the event that You elect to cancel any pre-paid services before the services are fully performed. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will
continue to be automatically applied to your bill until the minimum commitment has been achieved. Some add-on services or products cannot be canceled or refunded once DigiMac™ Marketing has technically enabled such products and/or services on your Platform Account, including but not limited to the HIPAA package.

3.4.3 Wallet Credit Refunds. When Your Services are canceled, terminated or expired, it is Your sole obligation to request DigiMac™ Marketing to refund any amounts remaining in your account’s “wallet”. Any amounts remaining in the “wallet” for over thirty (30) days after expiration,
termination or cancellation of your Platform Account, will be forfeited, and DigiMac™ Marketing has no obligation to refund such amounts.

3.5 Taxes and Government Assessments. All Fees are exclusive of anysales, VAT, GST and use taxes, levies, fees, duties, interest, penalties and other governmental assessments (“Taxes”) unless mentioned otherwise in these Terms. Business entities with a valid VAT or GST identification number
should provide DigiMac™ Marketing with their VAT or GST identification number. You hearby confirm that DigiMac™ Marketing can rely on the VAT or GST number provided. Where applicable by law, DigiMac™ Marketing will shift the liability to pay VAT/GST on the Fees to you due to the application of a VAT/GST reverse charge mechanism. You are exclusively responsible for Taxes associated with your use of the Platform, including all Taxes associated with transactions you
conduct with your customers. DigiMac™ Marketing may collect Taxes from you as part of the Fees as legally required or as DigiMac™ Marketing deems appropriate, and all DigiMac™ Marketing determinations regarding what Taxes to collect are final. Failure to provide DigiMac™ Marketing with a valid VAT or GST identification number may result in VAT or GST being assessed by DigiMac™
Marketing. If you provide a valid VAT or GST identification number after a Fee has been paid, the VAT and GST taxes charged will not be refunded. DigiMac™ Marketing may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify DigiMac™ Marketing for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described above. Taxes are nonrefundable. You hereby confirm that DigiMac™ Marketing can rely on the name and address that You provide to DigiMac™ Marketing when You agree to the Fees or in connection
with Your payment method as being the place of supply for Tax purposes or as being the place of supply for VAT purposes where You have established Your business. Without limiting the generality of this Section 3.5, if any amount payable by You to DigiMac™ Marketing is subject to any withholding or similar taxes, You shall pay for all withholding taxes without any reduction in the Fees and Taxes charged above.

4. Affiliate Program

DigiMac™ Marketing may offer an Affiliate Program under which commissions can be earned for referring new customers to DigiMac™ Marketing. Your participation in the Affiliate Program will be subject to DigiMac™ Marketing’s approval and your acceptance of a separate Affiliate Agreement. You must establish a payment account linked to your DigiMac™ Marketing account in order to earn and receive commission payouts. Commissions may be forfeited if DigiMac™ Marketing is unable to submit payment to your payment account for any reason. Employees of DigiMac™ Marketing are not
eligible to participate in the Affiliate Program or earn commissions for at least six (6) months after termination of their employment with DigiMac™ Marketing.

5. Intellectual Property

5.1 Platform Content. The Platform and Platform Content are the property of DigiMac™ Marketing or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. DigiMac™ Marketing grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or
performance of Platform Content without prior permission of DigiMac™ Marketing is strictly prohibited.

5.2 DigiMac™ Marketing Marks and Advertisements. DigiMac™ Marketing’s name, logo, and other marks are trademarks and service marks of DigiMac™ Marketing and may not be used without prior written permission. This includes any use in domain names, social handles, or marketing materials not approved by DigiMac™ Marketing. As a white-labeled platform provider, DigiMac™ Marketing licenses access to a proprietary software system from HighLevel, Inc. Users may see references to third party providers such as HighLevel, SaaSpreneur, or LeadConnector in connection with the Platform. These brands are the property of their respective owners and may not be used or referenced by clients of DigiMac™ Marketing. Users are prohibited from making unauthorized
representations, warranties, or claims about DigiMac™ Marketing, the Platform, or any associated technologies, and may not include DigiMac™ Marketing’s name or branding in comparative or public advertising without express written consent.

5.3 User Contributions. User Contributions are considered non-confidential and non-proprietary. You grant DigiMac™ Marketing, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling DigiMac™ Marketing’s obligations under these Terms. DigiMac™ Marketing is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. DigiMac™ Marketing is not responsible for any failure or delay in removing User Contributions that violate the Terms. DigiMac™ Marketing reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.

5.4 Prohibited User Contributions. You are prohibited from posting User Contributions on the Platform that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent
content; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or
intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform Account.

5.5 Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and DigiMac™ Marketing and its affiliates have no obligation to use the Feedback. You grant DigiMac™ Marketing and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to DigiMac™ Marketing without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter,
translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of DigiMac™ Marketing or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

5.6 Feedback Waiver. You hereby irrevocably release and forever discharge DigiMac™ Marketing from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can,
shall or may have against DigiMac™ Marketing with respect to the Feedback, including without limitation how DigiMac™ Marketing directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at DigiMac™ Marketing's option and at your sole expense) to defend, indemnify, and hold DigiMac™ Marketing harmless from any and all
actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which DigiMac™ Marketing may incur as a result of use of the Feedback in accordance with these Terms.

5.7 Copyright, DMCA, and Underlying Platform Provider. The DigiMac™ Marketing platform is powered by licensed technology from a third-party provider. That provider retains ownership of the software, trademarks, copyrights, and patents related to the platform's functionality. If you believe that your intellectual property rights have been violated within the platform environment, please contact [email protected], and we will direct your inquiry appropriately.

DigiMac™ Marketing does not claim ownership of the underlying software system and disclaims responsibility for any third-party intellectual property disputes not originating from our own materials. DigiMac™ Marketing is a licensed white-label reseller of a proprietary SaaS platform developed and maintained by HighLevel, Inc. For more information on the provider's intellectual property protections and DMCA policy, visit https://www.gohighlevel.com/terms.

5.8 Usage Data. The underlying platform used by DigiMac™ Marketing is licensed from HighLevel, Inc., which may access, collect, analyze, and use anonymized data derived from the use and performance of the platform (“Usage Data”). HighLevel owns all such Usage Data and may disclose aggregate insights that do not identify individual users or businesses. DigiMac™ Marketing itself does not sell, reuse, or analyze user Usage Data, except as needed to support and improve customer experience on the Platform.

6. Disclaimers

DigiMac™ Marketing makes no guarantees that your business will be profitable and that you will make money using the Platform or the Services. Except as otherwise set forth in these Terms, DigiMac™ Marketing is not providing any business opportunities with use of the Platform and/or
Service.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR PERFORMANCE. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM SUCH USE.

WITHOUT LIMITING THE FOREGOING, DIGIMAC™ MARKETING MAKES NO WARRANTY THAT:

(A) THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BUSINESS REQUIREMENTS;

(B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE;

(C) THE RESULTS OBTAINED FROM THE PLATFORM WILL BE ACCURATE, COMPLETE, OR RELIABLE;

(D) ANY FEATURES OR SERVICES WILL CONTINUE TO BE OFFERED OR PERFORM AS EXPECTED; OR

(E) ANY ERRORS OR DEFECTS WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT USE OF THE INTERNET AND THIRD-PARTY NETWORKS IS INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT DIGIMAC™ MARKETING IS NOT RESPONSIBLE FOR ANY INTERCEPTION, ALTERATION, OR LOSS OF YOUR DATA DURING TRANSMISSION OVER THE INTERNET OR ANY TELECOMMUNICATION PROVIDER'S NETWORK.

DIGIMAC™ MARKETING MAKES NO WARRANTIES REGARDING TRANSACTIONS OR INTERACTIONS YOU MAY HAVE WITH THIRD PARTIES THROUGH OR IN CONNECTION WITH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT ANY SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY FOR THIRD-PARTY SERVICES OR CONTENT IS PROVIDED, IF AT ALL, BY THAT THIRD PARTY ALONE.

DIGIMAC™ MARKETING RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM OR ANY FEATURES, SERVICES, OR PRICING STRUCTURES AT ANY TIME, WITH OR WITHOUT NOTICE. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DECISION TO DO SO. ANY NEW FEATURES OR ENHANCEMENTS TO THE PLATFORM WILL BE SUBJECT TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY.

BETA PRODUCTS OR EARLY ACCESS FEATURES.

FROM TIME TO TIME, YOU MAY BE GRANTED ACCESS TO FEATURES OR SERVICES IN LIMITED “BETA” RELEASE THROUGH THE DIGIMAC™ MARKETING PLATFORM. THESE BETA FEATURES MAY ORIGINATE FROM OUR UNDERLYING TECHNOLOGY PROVIDER AND ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. DIGIMAC™ MARKETING MAKES NO REPRESENTATIONS ABOUT THE FUNCTIONALITY, PERFORMANCE, OR CONTINUED AVAILABILITY OF BETA FEATURES AND DOES NOT PROVIDE ANY SERVICE-LEVEL COMMITMENTS OR SUPPORT GUARANTEES. YOUR ACCESS TO BETA FEATURES MAY BE MODIFIED OR DISCONTINUED AT ANY TIME, WITHOUT NOTICE.

7. Limitation Of Liability, Indemnification, And Mitigation  

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to
the liability, provided however, this limitation will not apply to you if you only use the free Services, and in this case, if DigiMac™ Marketing determines to have any liability to you or any third party arising from your use of the free Services, then DigiMac™ Marketing’s aggregate liability will be limited to one hundred U.S. dollars.

IN NO EVENT SHALL DigiMac™ Marketing BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold DigiMac™ Marketing harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any DigiMac™ Marketing property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.

If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform.

8. Limitation On Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to DigiMac™ Marketing for which monetary damages would not be an adequate remedy, and DigiMac™ Marketing shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law,
without having to post a bond or other security.

10. Waiver And Severability

No waiver by DigiMac™ Marketing of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of DigiMac™ Marketing to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

11. Change of Control

DigiMac™ Marketing may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without DigiMac™ Marketing’s prior written consent which may be withheld at DigiMac™ Marketing’s sole discretion.

12. Entire Agreement

Except as noted below, these Terms constitute the sole and entire agreement between you and DigiMac™ Marketing with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect
to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of DigiMac™ Marketing.

DigiMac™ Marketing may enter into a separate agreement with you. The terms of any separate agreement between you and DigiMac™ Marketing will be considered a part of your entire agreement with DigiMac™ Marketing. To the extent there is a conflict between these Terms and the terms of your separate agreement with DigiMac™ Marketing, your separate agreement with
DigiMac™ Marketing will control.

13. Term and Termination

These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.

13.1 Grounds for Termination. You agree that DigiMac™ Marketing, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages,
costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. DigiMac™ Marketing reserves the right to delete Platform Accounts that have remained inactive for ninety (90) days or more.

13.2 No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. DigiMac™ Marketing is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.

13.3 No Termination by Third Party Users. DigiMac™ Marketing has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than DigiMac™ Marketing must contact the party who originally provided access to the Platform for any inquiries related to termination.

13.4 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not
foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

14. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the Commonwealth of Virginia will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws. These Terms may be translated into different languages—only the English version is valid and enforceable.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. This arbitration provision is governed by the Federal
Arbitration Act. The arbitration proceedings shall be held in Williamsburg, Virginia. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

15. Communications and Contact Information

All notices to a party shall be in writing and shall be made via email. Notices to DigiMac™ Marketing must be sent to [email protected]. You agree to allow us to submit notices to you
either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.

DigiMac™ Marketing may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from DigiMac™ Marketing, you can click on the “unsubscribe link” provided in such
communications or contact us at [email protected].

When you create a Platform Account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. DigiMac™ Marketing will never send you an email requesting confidential information such as account numbers, usernames, or
passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from DigiMac™ Marketing, do not respond to the email and notify DigiMac™ Marketing by emailing us at [email protected].

For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at or by mail at:

DigiMac™ Marketing

ATTN: Legal Department

1604 Ben Franklin Circle

Williamsburg, VA 23188

16. Definitions

16.1 “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.

16.2 “Competitor” shall include, but not be limited to, any entity carrying on a business of marketing and sales platform, SaaS, any entity offering one or more services offered by the Platform, or any entity carrying on a business similar to the business of DigiMac™ Marketing LLC. and its subsidiaries, as determined by DigiMac™ Marketing in its sole discretion. For the avoidance of doubt, DigiMac™ Marketing customers who white-label and resell the Platform are not Competitors.

16.3 "Feedback” means ideas You provide to DigiMac™ Marketing regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other services, products, matters related to DigiMac™ Marketing’s or its affiliates’ business. “Feedback” includes any ideas posted to DigiMac™ Marketing’s ideaboard.

16.4 “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

16.5 "DigiMac™ Marketing Marks” means the DigiMac™ Marketing name and related logos and service marks of DigiMac™ Marketing. "HighLevel Marks” means the HighLevel name and related logos and service marks of HighLevel.

16.6 “Information” means data about You and Your customers that DigiMac™ Marketing collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

16.7 “Login Credentials” means the username and password used to access your Platform Account, including API keys and access to third party integrations used with the Platform.

16.8 “Materials” means Your trademarks, copyright content, any tangible products or services you sell through the Platform (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to DigiMac™ Marketing or its affiliates.

16.9 “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through DigiMac™ Marketing’s website or mobile application.

16.10 “Platform Account” means your account that provides access to the DigiMac™ Marketing Platform via app.digimacpro.com, including your associated login credentials, dashboards, tools, automations, integrations, and customer data.

16.11 “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.

16.12 “Prohibited Uses” means the behaviors described in Section 3.

16.13 “Services” means the variety of product integrations and services that DigiMac™ Marketing makes available on the Platform. Services may include Third Party Services.

16.14 “Sub-Account” means a subscription for one business under a Platform Account.

16.15 “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

16.16 “Third Party Services” means third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services offered by a third party
through the DigiMac™ Marketing Platform. This includes but is not limited to applications downloaded from the DigiMac™ Marketing Marketplace, integrations with third party applications, or any functionality that is provided by a third party through the Platform.

16.17 “Training” means any training, information or suggested usages conveyed by DigiMac™ Marketing about the Platform.

16.18 “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to DigiMac™ Marketing directly.

16.19 “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.

EXHIBIT A - CODE OF CONDUCT

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which DigiMac™ Marketing may immediately suspend or terminate your Platform Account in accordance with these Terms:

- Use of the Platform in any way that violates any applicable law or regulation.

- Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence.

- Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

- Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

- Use of the Platform to transmit or procure the sending of any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

- Impersonating or attempting to impersonate DigiMac™ Marketing, a DigiMac™ Marketing employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

- Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform

- Engaging in any conduct that may, as determined by DigiMac™ Marketing, harm Platform users or DigiMac™ Marketing, or expose either to liability.

- Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

- Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

- Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without DigiMac™ Marketing’s prior written consent.

- Use of any device, software or routine that interferes with the proper working of the Platform.

- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.

- Attacking the Platform via a denial-of-service attack or a distributed denial-ofservice attack.

- Otherwise attempting to interfere with the proper working of the Platform. - Child sexual exploitation or abuse content.

- Sexually explicit content.

- Generation of hateful, harassing, or violent content.

- Abusive or fraudulent conduct.

- This includes but is not limited to:

- Promoting or facilitating the generation or distribution of spam, fraudulent activities, scams, phishing, or malware;

- Compromising cybersecurity systems or gaining unauthorized access to violate the integrity of any user, network, computer or communications system, software application, or network or computing device;

- Violate any natural person’s rights, including privacy rights as defined in applicable privacy law;

- Appropriating confidential or personal information;

- Impersonating a human by presenting results as human-generated;

- Engaging in disinformation campaigns;

- Astroturfing, or the generation of fake grassroots support or fake review information;

- Plagiarize or engage in other forms of academic dishonesty.

- Illegal or highly regulated goods or services content, or other activity that has a high risk of economic or physical harm. This includes but is not limited to:

- Engaging in any illegal activity;

- Providing instructions on how to commit or facilitate any type of crime;

- Gambling;

- Payday lending;

- Cryptomining practices;

- Automatic determinations of eligibility for credit, employment, educational institutions, or public assistance services;

- Engaging in unauthorized practice of law or seeking unreviewed legal advice;

- Engaging in unauthorized practice of medicine or seeking unreviewed medical advice;

- Providing unauthorized financial advice;

- Law enforcement application or criminal justice decisions;

- Military or warfare application, weapons development;

- Management or operation of critical infrastructure in energy, transportation, and water;

- Political campaigning or lobbying in violation of campaign laws

EXHIBIT B - ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY

- AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as a part of automated decision making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.

- AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs. disability, health status, trade
union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors.

- AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice. You must disclose to your customers when they are interacting with an
AI-based voice or chatbot.

- All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques.

- You must take necessary steps to protect confidential and sensitive information of your users and customers

- AI usage may not not damage, disable, overburden, or impair any websites or launches any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to any servers in a given period of time than a human can reasonably produce in the
same period by using a conventional browser.

- AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society.

- AI features may not be used in any manner which is prohibited by the Agreement or the Code of Conduct provided herein.

- AI features may not be used to create or disseminate deepfakes, synthetic audio/video, or impersonated likenesses of real individuals without their express, informed consent. Any attempt to use AI to simulate human identity, generate misleading or manipulated media, or impersonate another person, business, or official organization is strictly prohibited.

This does not restrict the use of generative AI to create fictional characters, original voices, or synthetic media for entertainment, branding, education, or commercial purposes, provided it does not impersonate or misrepresent any real individual, company, or official entity.

16.20 “Platform” means the DigiMac™ Marketing branded software platform accessible via app.digimacpro.com, including any white-labeled interfaces, tools, or services provided to customers for use in managing communication, automation, customer relationships, marketing, and
business operations.

About DigiMac™ Marketing and the Platform:

DigiMac™ Marketing is a marketing technology services agency that provides automation, consulting, and support services to small businesses and entrepreneurs. As part of this offering, DigiMac™ Marketing makes available a white-labeled software platform accessible via app.digimacpro.com (the “Platform”) which enables users to manage marketing, communication, and business automation functions.

References to “DigiMac™ Marketing” in these Terms refer to the service agency, operated as a division of Goodbye 9-5 LLC.

References to the “Platform” refer to the software environment, tools, dashboards, and integrations accessed via app.digimacpro.com and made available by DigiMac™ Marketing to its clients.