1. Overview These terms of service (“Terms of Service”) are entered into between you and

8EON Digital Inc. (“8EON Digital,” “we,” or “us”). The Terms of

Service govern your access to and use of the 8EON Digital website at www.8eon.com ,

including any content, functionality, communication channels, software, and

Services offered on or through it (the “Platform”). By using the Platform, you agree to be bound and abide by these Terms of

Service. 8EON Digital may terminate your ability to use the Platform

without notice if you do not comply with these Terms of Service. If you do not

agree to these Terms of Service, you must not access or use the Platform. You

must be at least 18 years old to use the Platform. 8EON Digital reserves the right to make changes to the Platform and to

these Terms of Service at any time. All changes are effective immediately when posted.

Your continued use of the Platform following the posting of the revised Terms

of Service means that you accept and agree to the changes. All Information 8EON Digital collects on the Platform is subject to

our Privacy Notice posted on the Platform. By using the Platform, you consent

to all actions taken by us with respect to your Information in compliance with

the Privacy Notice. The Privacy Notice is incorporated into and governed by

these Terms of Service. To the extent there is a conflict, these Terms of

Service supersede the Privacy Notice. You agree that you will not upload any

confidential or personal information onto the Platform except for personal

information specifically requested by 8EON Digital pursuant to the

Privacy Notice. All Platform Content (as defined below) is current as of the date it is

posted on the Platform to the best of 8EON Digital’s knowledge. As used in these Terms of Service, references to the “8EON Digital

Team” include 8EON Digital, our owners, assigns, subsidiaries, affiliated

companies, officers, and directors, and all parties involved in creating,

producing, and/or delivering the Platform. 2. Services 8EON Digital provides a multitude of product integrations and services

(the “Services”) on the Platform, which you may subscribe to through the

Platform. All references to the Platform include the Services. All Services are

subject to these Terms of Service as well as the additional provisions below.

The terms in these Terms of Service govern to the extent there is a direct

conflict between the additional terms linked below and these Terms of Service. a. Right to Modify the Services. We reserve the right to implement new

elements as part of the Services including changes that may affect the previous

mode of operation of the Services. We believe that any such modifications will

enhance the overall Services, but it is possible that your opinion may vary. b. No Contingency on Further Releases and Improvements. You understand that

your purchase of Services on or through the Platform is not contingent on the

delivery by us of any future release of any functionality or feature, including

but not limited to the continuation of a certain Service beyond its current

subscription term, or any third party services. c. As-Is. The Platform is provided on an as-is basis as further described in

Section 21, except as expressly provided otherwise in this Agreement. d. Features. Features and terms used in connection with the Platform and

Services such as “power dialer” may have some resemblance to those provided by

others, but our Platform features and terms are specific to our Platform. e. Additional Terms. Additional terms may apply to specific services and

programs offered by 8EON Digital on the Platform. To the extent there is

a conflict, these Terms of Service will take precedence. The terms for the 8EON Digital affiliate program are available here: https://www.8eon.com/affiliate-policy . 3. Intellectual Property The 8EON Digital Platform and all its content, including data,

features, services, and functionality (such as text, graphics, videos, logos,

button icons, databases, music, sounds, images, or any other material that can

be viewed on the Platform) (“Platform Content”), are the property of 8EON Digital
or its licensors and are protected by copyright, trademark, and other

intellectual property laws. This excludes User Contributions as defined below. The 8EON Digital name and related logos are trademarks and service

marks (“Marks”) of 8EON Digital. These Marks may not be used without

advance written permission from 8EON Digital, except in connection with 8EON Digital products or services. Any use in a manner likely to cause confusion or

to disparage, discredit, or misrepresent 8EON Digital is prohibited. The

Platform may mention other products or company names, which may be trademarks

or service marks of their respective owners. Third-party websites may feature our logos or trademarks, with or without

authorization. However, featuring our logos or trademarks on third-party

websites does not imply any approval, sponsorship, or endorsement of 8EON Digital. If you believe that any content on the Platform violates your intellectual

property rights, please notify 8EON Digital as described in Sections 18

and 31. 4. Limited License And Prohibited Uses 8EON Digital grants you a personal, royalty-free, non-assignable,

revocable, and non-exclusive license to access and use the Platform Content

while using the Platform. Except to make the Services available to you and your

end users, as expressly permitted under these Terms of Service, any other use,

including the reproduction, modification, distribution, transmission,

republication, framing, display, or performance of Platform Content without

prior permission of 8EON Digital is strictly prohibited. You may not

remove any Marks or other proprietary notices, including, without limitation,

attribution information, credits, and copyright notices that have been placed

on or near the Platform Content. You, your employees, and your end user clients (“Clients”) may use the

Platform only for lawful purposes and in accordance with these Terms of

Service. You agree that you, your employees, and your Clients will not: - Use the Platform or any Services in any way that violates any applicable

law or regulation. - Use the Platform or any Services for the purpose of exploiting, harming or

attempting to exploit or harm anyone in any way. - Send, knowingly receive, upload, download, use, or re-use any material

that does not comply with these Terms of Service. - Transmit, or procure the sending of, any unlawful advertising or promotional

material, including any “junk mail,” “chain letter,” “spam,” or any other

similar solicitation. - Impersonate or attempt to impersonate 8EON Digital, a 8EON Digital employee, another user or any other person or entity (including, without

limitation, by using email addresses associated with any of the foregoing). - Engage in any other conduct that restricts or inhibits anyone's use or

enjoyment of the Platform or any Services, or which, as determined by 8EON Digital, may harm 8EON Digital or users of the Platform or expose them to

liability. - Use the Platform or any Services 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 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 any manual process to monitor or copy any of the material on the

Platform or for any other unauthorized purpose without 8EON Digital’s

prior written consent. - Use any device, software, or routine that interferes with the proper

working of the Platform or any Services. - Introduce any viruses, Trojan horses, worms, logic bombs, or other

material that is malicious or technologically harmful. - Attempt 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, or any Services. - Attack the Platform via a denial-of-service attack or a distributed

denial-of-service attack. - Otherwise attempt to interfere with the proper working of the Platform or

any Services. 5. Customer/End User Conduct In connection with your use of the Platform or Services, you agree that: You, your employees, agents, and Clients will maintain in effect all

licenses, permissions, authorizations, consents, and permits necessary to carry

out the obligations under these Terms of Service. You are fully responsible for your actions and the actions of your

employees, agents, and Clients with respect to use of the Platform. You are fully responsible for the use of the Services by your Clients. 8EON Digital’s agreement is with you, not your Clients. You, your employees, agents and Clients will not misrepresent the Services. You will provide these Terms of Service to your employees, agents, and Clients

and confirm that all employees, agents, and Clients understand that they are

subject to these Terms of Service if they use or offer the Services. You own or control all rights in and to all content you provide to 8EON Digital. You will be solely responsible for all of your use of the Platform,

including the quality and integrity of any data and other information made

available to us by or for you through the use of the Services under these Terms

of Service and each Service that you make available to your Clients. 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 Client’s data to us for use and disclosure in accordance with

these Terms of Service and our Privacy Notice. You, your employees, and your Clients will provide reasonable cooperation

regarding information requests from law enforcement, regulators, or

telecommunication providers. 6. Your Use Of Communications Features of the Services 8EON Digital is the provider of Services for your use, which may

include certain communications features such as SMS, MMS, email, voice call

capabilities and other methods. You agree that: You are exclusively responsible for all communications sent using the

Services, including compliance with all laws governing those communications

such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act,

and you agree that you understand and will comply with those laws. You understand that your use of the Services may violate applicable laws if

you do not comply with them. 8EON Digital is not responsible for your

compliance with laws and does not represent that your use of the Services will

comply with any laws. You should consult a lawyer for legal advice to ensure

your communications comply with applicable law. 8EON Digital is a technology platform communication service

application provider only. 8EON Digital does not originate, send, or

deliver any communications to any recipient via SMS, MMS, email, or other

communication method; You, not 8EON Digital, are the maker or initiator of any

communications. You control the message, timing, sending, fraud prevention, and

call blocking. The Service is purely reactive and sends messages only as

arranged and proscribed by you. All communications, whether, without

limitation, SMS, MMS or email, are created by and initiated by you and/or your

Clients, whether generated by you or sent automatically via the Services at

your direction. Any customer data provided to 8EON Digital through any means,

including without limitation, by inbound text, data imports, tablet sign-ins,

API calls or manual entry, only includes data from individuals who have

explicitly opted into your communications program and have explicitly agreed to

receive your communications (whether by SMS, MMS, email, voice communication or

other method) in accordance with applicable law, including without limitation

the TCPA. 7 . Payment a. Fees. If you choose to purchase one or more of the Services provided on

the Platform, you agree to pay all fees (“Fees”) associated with the Services.

Our monthly subscription provides tiered pricing for different levels of

Services and products based on the Services you choose to use. In addition to

our monthly subscription Services, you may purchase add-in Services for a

one-time Fee or recurring subscription Fees. Fees may change from time to time.

All Fees are exclusive of any applicable communications service or telecommunication

provider (e.g., carrier) fees or surcharges (collectively, “Communications

Surcharges”). You will pay all Communications Surcharges associated with your

use of the Services. Communications Surcharges will be shown as a separate line

item on an invoice. All Fees and Communications Surcharges are nonrefundable. b. Any charges incurred by your purchase or use of the Services will be

billed to the credit card we have on file. In the event you sign up for a

Service that is ongoing and incurs recurring charges (such as a subscription),

such charges will be billed in advance of Service. You agree to provide us with

accurate and complete billing information, including valid credit card

information, your name, address, and telephone number, and to provide us with

any changes in such information within 10 days of the change. If you are passing the obligation to pay Platform-related Fees to your

Clients, you are solely responsible for all related transactions, including but

not limited to refunds and charge backs of such Fees that are passed on. 8EON Digital is not responsible for resolving issues related to costs passed on to

your Clients. Any fees passed on to Clients or other third parties must be

amounts charged by 8EON Digital, without increase or markup. c. Taxes. You are exclusively responsible for taxes and other governmental

assessments (“Taxes”) associated with your use of the Platform, including all

Taxes associated with the Services you order and any transactions you conduct

with your Clients. 8EON Digital may collect Taxes from you as part of the

Fees as it deems appropriate, and all 8EON Digital determinations

regarding what Taxes to collect are final. 8EON Digital may recalculate

and collect additional Taxes from you if it determines at any point that they

are due. You will indemnify 8EON Digital for all Claims related to Taxes

that are associated with your activities on the Platform, including any Taxes

related to your transactions with your Clients, as described in Section 22.

Taxes, like all Fees, are nonrefundable. d. Overdue Amounts. If, for any reason, your credit card company declines or

otherwise refuses to pay the amount owed for the Services you have purchased,

you agree that we may suspend or terminate performance of Services or delivery

of products and 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. e. Payment Disputes. You will notify us in writing within sixty (60) days of

the date we bill you for any invoiced charges that you wish to dispute. You

must pay all invoiced charges while the dispute is pending or you waive the

right to pursue the dispute. Where you are disputing any fees, you must act

reasonably and in good faith and cooperate diligently with us to resolve the

dispute. All 8EON Digital determinations regarding your obligation to pay

invoiced charges are final. f. No Refunds. Except as described below, all Fees assessed by 8EON Digital
are non-refundable, and 8EON Digital does not provide Fee refunds

or credits for partially used or unused subscriptions. If you sign up for a

Service subscription but do not access the Service or Platform, you are still

responsible for all Fees during the term of your subscription. If 8EON Digital

chooses at its sole discretion to issue a refund or credit in one

instance, we are under no obligation to issue the same refund or credit in the

future. We reserve the right to issue refunds or credits at our sole discretion in

the following situations: 1 . Where we materially modify these Terms of Service or Privacy Notice

during a billing period and such modification adversely affects you, we may

refund a portion of your subscription Fee equal to the remaining unused term,

as we determine appropriate or as may be required by applicable law. To be

eligible for a refund, you must provide written notice that (a) identifies your

account and (b) requests cancellation of the specific Service. The cancellation

will be effective upon our receipt of your notice and our determination that

you are authorized to effect such cancellation. Please refer to the

“Communications and Contact Information” section below on how to provide notice

to us. 2 . Where a modification or interruption of Services adversely affects you

and alternative remedies, as specified in these Terms of Service, are not

available, we may refund a portion of your paid subscription Fee equal to the

remaining unused term of your subscription, as we determine appropriate or as

may be required by applicable law. 8 . Resale of Services (MAP Policy) Some levels of the Services allow you to resell access to the version of the

Platform that is customized for or by you. If you are authorized to resell

access, you must comply with our minimum advertised price policy as described

in this section and the provisions below. a. Minimum Advertised Price. You cannot advertise access to the Platform for

a price of less than $97 per month (the “MAP”). b. Determining Advertised Price. The price at which you are advertising

access to the Platform is determined after deduction of coupon discounts,

rebates, value of product giveaways, gift card amounts, and other promotional

offers, that have the effect of lowering an advertised price. c. Media. This MAP policy applies to advertising in any media. However, this

policy does not apply to advertising at a brick-and-mortar selling location

that is not distributed or visible to customers outside that location, or final

sale prices first disclosed to customers in “shopping carts” in web-based sales

(so long as such prices cannot be retrieved by search engines or otherwise

displayed to other customers). d. Changes. The MAP is established by 8EON Digital and may be changed

by 8EON Digital from time to time in its sole discretion. Any changes to

the MAP will be communicated by a change to this section of these Terms of

Service. 8EON Digital may also notify you of any change to the MAP. e. Final Sale Price. This MAP policy applies only to the prices at which you

advertise access to the Platform and does not restrict your ability to set the

final price at which you resell access to the Platform. 8EON Digital will

not sanction or otherwise penalize you solely for reselling access to the

Platform below the MAP. f. Exceptions. This MAP policy does not apply to advertising within any

jurisdiction in which minimum advertised price policies are prohibited by law.

It is a violation of this policy, however, to transmit an advertised price less

than the MAP from any such jurisdiction to customers in any jurisdiction in

which the policy is permissible. g. European Union and United Kingdom. For sales into the European Union and

United Kingdom, this MAP policy does not prohibit you from offering consumers

discounts or communicating to consumers that their final price could differ

from the MAP. h. Resale Restrictions. When reselling the service, you agree that you are

fully liable to your resale Clients for the Service and will handle all

disputes and inquiries they have without any involvement from 8EON Digital, unless 8EON Digital offers to assist. i. You Are Not 8EON Digital. Do not present yourself as 8EON Digital when reselling the Service, hold yourself out as a representative of 8EON Digital, or indicate that you are associated with 8EON Digital in any

way. Do not direct your resale Clients to contact 8EON Digital for any

reason, including for Service support. j. Suspension and Termination. We may suspend or terminate your ability to

resell Services as described in this section in our sole discretion and with or

without advance notice to you if we determine that you are violating this

Agreement or for any other reason. 9 . Excessive Data Usage Your excessive data use may cause the Service to be slow or unavailable. We

have no liability for the effect that your excessive data use may have on

Service performance. We may (1) suspend or terminate your use of the Service or

(2) reduce the amount of data you are able to use, with or without advance

notice, if we determine in our sole discretion that your data use is excessive,

abusive or has a negative effect on the Services in any way. We provide the Service on a tiered-pricing basis, and some tiers can process

more data with less impact on Service performance. Contact us if you would like

more information about pricing for data usage that may be more appropriate for

your needs. 10 . Training 8EON Digital may offer training to you related to how to use the

Services. All training and associated information conveyed as part of it

(“Training”) is as-is, with no warranty, as explained further in Section 21

(Disclaimer). You know your own situation and your Clients, and you alone are

responsible for how and whether you adopt any strategies learned through

Training. 8EON Digital makes no guarantees that Training will produce any

particular outcome, and Training may in rare cases be counterproductive

depending on your situation. 11 . Data Stored on Our Servers Subject to our Privacy Notice , you agree that we have no responsibility or

liability for the deletion or failure to store any content maintained or

transmitted on or through the Platform. You acknowledge that we reserve the

right to remove or terminate accounts that have not paid a subscription Fee,

that remain inactive for longer than one (1) year, or that have violated one or

more terms of this Agreement. 12 . Account Registration To access portions of the Platform or to register for or use the Services,

you will be asked to provide registration details or other Information. It is a

condition of your use of the Platform that all Information you provide is

complete, current, and accurate. All Information you provide to register with

the Platform, complete a transaction through the Platform, or otherwise is

governed by our Privacy Notice, and you consent to all actions 8EON Digital takes with respect to your Information consistent with our Privacy

Notice. 13 . Use and Protection of Login Credentials You are responsible for maintaining the confidentiality of your user name

and password (“Login Credentials”). You are responsible for all uses of your

account and Login Credentials, whether or not authorized by you. You agree to

notify 8EON Digital immediately of any unauthorized access to or use of

your account or Login Credentials or any other breach of security. 8EON Digital Systems reserves the right to disable your Login Credentials at any time in its

sole discretion for any or no reason, including if, in 8EON Digital’s

opinion, you have violated any provision of these Terms of Service. User

accounts are non-transferable, and all users are obligated to take preventative

measures to prohibit unauthorized users from accessing the Platform with his or

her password. 14 . User Contributions To ask questions about this Privacy Notice and our privacy practices,

contact us at [email protected]

by mail at: 8EON Digital Inc ATTN: Legal Department 10451 Mill Run Circle, Suite 400, Owings Mills, MD 21117 EFFECTIVE DATE: 16th, April 2024 • You own or control all rights in and to the User Contributions and have

the right to grant the license granted above to us, the 8EON Digital

Team, and our service providers, and each of their licensees, successors, and

assigns. • All of your User Contributions do and will comply with these Terms of

Service. • You understand and acknowledge that you are responsible for any User

Contribution you submit or contribute, and you, not 8EON Digital, have

full responsibility for such content, including its legality, reliability,

accuracy, and appropriateness. By posting information on the Platform, or by otherwise using any

communications service, message board, newsgroup, or other interactive service

available on the Platform, you agree that you will not post comments, messages,

links, code, or other information that: • Are unlawful, threatening, abusive, harassing, defamatory, deceptive,

fraudulent, tortious, invasive of another’s privacy, or includes graphic

descriptions of sexual or violent content; • victimizes, harasses, degrades, or intimidates an individual or group of

individuals on the basis of religion, gender, sexual orientation, race,

ethnicity, age, or disability; • infringes any patent, trademark, trade secret, copyright, right of

publicity, or other proprietary right of any party; or • breaches the security of, compromises or otherwise allows access to

secured, protected or inaccessible areas of this Platform, or attempts to gain

access to other network or server via your account on this Platform. We are not responsible or liable to any third party for the content or

accuracy of any User Contribution posted by you or any other user of the

Platform, nor do we endorse the User Contribution of third parties. Further, we

are not responsible for any failure or delay in removing such postings. While

we do not monitor User Contributions, at our sole discretion, 8EON Digital may choose to unpublish or otherwise make not available for public

viewing any material we deem unnecessary or inappropriate for use on our

Platform. 15 . User Customization Portions of the Platform may be modified by you, incorporating your name,

logo, trademark, and color scheme into your individual access area within the

Platform. You are solely responsible for copyright, trademark or other

intellectual property concerns connected with your and your Clients’ customized

look and feel of the Platform. You acknowledge that you may not be able to

customize the Platform according to your unique branding to the extent that

your customization would appear to be independently developed. 8EON Digital remove any of your modifications at any time without advance notice

and with no liability to you. 16 . Promotions From time to time, this Platform may include advertisements offered by third

parties. You may enter into correspondence with or participate in promotions of

the advertisers showing their products on this Platform. Any such correspondence

or promotions, including the delivery of and the payment for goods and services

by those third parties, and any other terms, conditions, warranties or

representations associated therewith, are solely between you and the

advertiser. We assume no liability, obligation or responsibility for any part

of any such correspondence or promotion. You will ensure that these activities

comply with all relevant laws. 17 . Content You Create You own and retain all ownership rights to your data and User Contributions

uploaded to the Service (“Your Data”). You grant us, the 8EON Digital

Team, and our service providers the right to use Your Data as necessary to

provide the Services to you and as permitted by these Terms of Service and our

Privacy Notice. You also grant 8EON Digital the right to use Your Data to

improve the Service, develop new services, and for other 8EON Digital

business purposes, subject to 8EON Digital’s obligation to maintain the

confidentiality of Your Data. If you are using the Services on behalf of

another party, then you represent and warrant that you have all sufficient and

necessary rights and permissions to do so. Subject to the limited license

granted, we acquire no right, title or interest from you or your licensors under

these Terms of Service. Submission of Ideas. The Platform may include a platform through which users

may submit ideas in connection with new products, Services and/or related

features (each, an “Idea”). By submitting an Idea to 8EON Digital, you agree

to the following unless we have mutually agreed in writing otherwise: • You are submitting your Idea to 8EON Digital on a voluntary,

non-confidential, and gratuitous basis; • You grant 8EON Digital and its designees a perpetual, irrevocable,

non-exclusive, fully-paid up and royalty-free license to use any Idea you

submit to 8EON Digital 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 Idea, and all

rights therein, in the name of 8EON Digital or its designees throughout

the universe in perpetuity in any and all media now or hereafter known; • 8EON Digital may already be working on the same or a similar Idea,

or it may have received a similar or identical idea from other sources; • The Idea represents your own original work, you have all necessary rights

to disclose the Idea to 8EON Digital, and neither your disclosure of the

Idea nor 8EON Digital's review and/or use of the Idea will infringe upon

the rights of any other individual or entity; • Disclosing your Idea to 8EON Digital does not establish a

confidential relationship or obligate 8EON Digital to treat the Idea as

confidential; • 8EON Digital has no obligation to develop or use your Idea and does

not owe you or anyone else any compensation for any use of your Idea or any

Ideas that are related to or derived from your Idea; • 8EON Digital assumes no obligation with respect to any Idea unless

and until it enters into a written contract with you, and then only as

expressed in such written contract; • If your Idea is the subject of a patent that is pending or has been issued,

you have or will disclose that fact to 8EON Digital. 8EON Digital

acknowledges that to the extent you hold a patent in the Idea, no license under

any patent is granted to 8EON Digital; • Any license to use a patented Idea shall be in the form of a written

contract, and 8EON Digital's obligations shall be limited to only those

in such written contract; • 8EON Digital is not obligated to review your Idea, give reasons for

rejecting your Idea, or disclose any activities that are related to the subject

matter of your Idea; • You will not construe 8EON Digital's review of your Idea, or any

discussion, negotiations or offer between yourself and 8EON Digital

relating to the possible purchase or license of your Idea, as recognition of

the novelty, originality, priority, other rights, or value of your Idea, and 8EON Digital’s discussions or negotiations with you will not in any way impair 8EON Digital’s right to contest the validity or infringement of your rights; • You hereby irrevocably release and forever discharge 8EON Digital

and the 8EON Digital Team 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 8EON Digital or the 8EON Digital Team with respect to the

Idea, including without limitation in respect of how 8EON Digital

directly or indirectly uses the Idea, with the sole exception in respect of the

foregoing release and discharge being your right to bring a claim of patent

infringement; and • You agree that you are responsible for the content of the Idea and further

agree (at 8EON Digital's option and at your sole expense) to defend,

indemnify, and hold 8EON Digital 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 8EON Digital or the 8EON Digital

Team may incur as a result of use of your Idea in accordance with these Terms

of Service. 18 . Copyright; Digital Millennium Copyright Act If you believe that your work has been copied in a way that constitutes

copyright infringement, or that your intellectual property rights have been

otherwise violated, you should notify us of your infringement claim in

accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will

take appropriate actions under the Digital Millennium Copyright Act (“DMCA”)

and other applicable intellectual property laws with respect to any alleged or

actual infringement. A notification of claimed copyright infringement should be

emailed to [email protected]

(Subject line: “DMCA Takedown Request”) and mailed to the designated copyright

agent address below. Our designated copyright agent to receive DMCA Notices is: 8EON Digital ATTN: Copyright Agent 10451 Mill Run Circle, Suite 400, Owings Mills, MD 21117   To be effective, the notification must be in writing and contain the

following information: • an electronic or physical signature of the person authorized to act on

behalf of the owner of the copyright or other intellectual property interest; • a description of the copyrighted work or other intellectual property that

you claim has been infringed; • a description of where the material that you claim is infringing is

located on the Platform, with enough detail that we may locate it; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use

is not authorized by the copyright or intellectual property owner, its agent,

or the law; and • a statement by you, made under penalty of perjury, that the above

information in your notice is accurate and that you are the copyright or

intellectual property owner or authorized to act on the copyright or

intellectual property owner's behalf. Counter-Notice: If you believe that your User Contribution that was removed

(or to which access was disabled) is not infringing, or that you have the

authorization from the copyright owner, the copyright owner's agent, or

pursuant to the law, to upload or display the content in your User

Contribution, you may send a written counter-notice containing the following

information to the above-listed Copyright Agent: • your physical or electronic signature; • identification of the content that has been removed or to which access has

been disabled and the location at which the content appeared before it was

removed or disabled; • a statement that you have a good-faith belief that the content was removed

or disabled as a result of mistake or a misidentification of the content; and • your name, address, telephone number, and email address, and a statement

that you will accept service of process from the person who provided

notification of the alleged infringement. If a counter-notice is received by our copyright agent, we will send a copy

of the counter-notice to the original complaining party, informing that person

that 8EON Digital may repost the removed content or cease disabling it in

ten (10) business days. Unless the copyright owner files an action seeking a

court order against the content provider, member or user, the removed content

may be reposted, or access to it restored, in ten (10) to fourteen (14)

business days or more after receipt of the counter-notice, at our sole

discretion. We may, at our sole discretion, limit access to the Platform and/or

terminate the account of any user who infringes any intellectual property

rights of others. 19 . Third Party Content This Platform may include content provided by third parties. All statements

and opinions expressed by third parties are solely the opinions and the

responsibility of the person or entity providing those materials. Those

materials do not necessarily reflect the opinion of 8EON Digital. 8EON Digital is not responsible for the content or accuracy of any materials

provided by any third parties. 20 . Links To Other Web Sites 8EON Digital may provide links to external web sites for the convenience

of Platform users. The inclusion of an external link on this Platform does not

constitute or imply support or endorsement of any kind. 8EON Digital does

not control those web sites, is not responsible for their content or function,

and is not responsible for any loss or damage that may arise from your use of

them. If you decide to access the third party sites linked to this Platform,

you do so entirely at your own risk and subject to the terms and conditions of

use and the privacy notice for such sites. 21 . Disclaimer THE PLATFORM AND THE SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS”

AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF

NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM,

PLATFORM CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM

CONTENT, SERVICES OR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR

ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR

SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF

ANY PLATFORM CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE

PLATFORM, FROM US OR THE 8EON Digital TEAM WILL MEET YOUR EXPECTATIONS OR

BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS

ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE WE ARE NOT LIABLE FOR ANY

CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE

INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK. THIS PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR

TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PLATFORM CONTENT AND SERVICES

ON OR THROUGH THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY

PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR

PRODUCTS AVAILABLE ON THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO

COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS. THE USE OF THE PLATFORM, THE SERVICES OR THE DOWNLOADING OR OTHER

ACQUISITION OF ANY PRODUCTS OR PLATFORM CONTENT THROUGH THE PLATFORM IS DONE AT

YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS

FROM SUCH ACTIVITIES. Through your use of the Platform, you may have the opportunities to engage

in commercial transactions with other users and vendors. You acknowledge that

all transactions relating to any products or services provided by YOUR OR any

third party, including, but not limited to the purchase terms, payment terms,

warranties, guarantees relating to such transactions, are solely between the

seller OR PURCHASER of such merchandise OR SERVICE and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD

PARTY, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT

SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS

PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE

PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY

US OR THE 8EON Digital TEAM. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM,

INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE

TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE

SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE

PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW

FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM

SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE

CONSULT THE LAWS IN YOUR JURISDICTION 22 . Limitation of Liability, Indemnification, and Mitigation Your exclusive remedy and our entire liability, if any, for any claims

arising out of these Terms of Service 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. IN NO EVENT SHALL 8EON Digital 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 OF

ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES AND/OR

STATEMENTS REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING

COMMERCIAL 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 harmless 8EON Digital and the

8EON Digital Team 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 or Services (“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 Clients; (b) any breach of or default under these Terms

of Service by you, your employees, agents, or Clients; (c) the wrongful use or

possession of any 8EON Digital property by you, your employees, agents,

or Clients; (d) any negligence, gross negligence or willful misconduct by you

or your employees, agents, or Clients; (e) misrepresentations by you, your

employees, agents, or Clients (f) violation(s) of applicable law by you, your

employees, agents, or Clients, (g) your actions and the actions of your

employees, agents, or Clients; (h) the acts or omissions of you, your

employees, agents, or Clients 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 Clients. If any of the Services or Platform are, or in our opinion are likely to be,

claimed to violate any third-party intellectual property right, at our option

we may: (a) obtain the right for you to continue to use the Services and

Platform as contemplated by these Terms of Service; (b) modify or replace the

Services or Platform, in whole or in part, to seek to make the Services or

Platform non-infringing; or (c) require you to immediately cease any use of the

Services and Platform, including but not limited to the 8EON Digital

platform. 23 . Limitation On Time To File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO

THESE TERMS OF SERVICE, THE PRIVACY NOTICE, 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. 24 . Injunctive Relief You agree that a breach of these Terms of Service will cause irreparable

injury to 8EON Digital for which monetary damages would not be an

adequate remedy and 8EON Digital 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. 25 . Waiver And Severability No waiver by 8EON Digital of a term or condition set forth in these

Terms of Service shall be deemed a continuing waiver of such term or condition

or a waiver of any other term or condition. Any failure of 8EON Digital

to assert a right or provision under these Terms of Service shall not

constitute a waiver of such right or provision. If any provision of these Terms of Service 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. 26 . Entire Agreement Except as noted below, these Terms of Service and our Privacy Notice

constitute the sole and entire agreement between you and 8EON Digital

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 of Service may not be altered,

supplemented, or amended by the use of any other document(s). 8EON Digital may enter into a separate agreement with you. The terms of

any separate agreement between you and 8EON Digital will be considered a

part of your entire agreement with 8EON Digital. To the extent there is a

conflict between these Terms of Service and the terms of your separate

agreement with 8EON Digital, your separate agreement with 8EON Digital will control. 27 . Term and Termination These Terms of Service will remain in full force and effect while you use

the Platform or subscribe to any Services. Even after you are no longer a user

of the Platform, those provisions of these Terms of Service that by their

nature are intended to survive will remain binding on you, including but not

limited to Sections 3, 7, 11, 14, 17, and 21 to 31 and the Privacy Notice. a. Grounds for Termination. You agree that 8EON Digital, 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. b. No Right to Services Upon Termination. Upon termination and regardless of

the reason(s) motivating such termination, your right to use the Services

available on this Platform will immediately cease. We shall not be 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 in connection

therewith. c. How to Terminate or Make Adjustments. If you, for any reason, would like

to terminate your access to the Platform or make adjustments, 8EON Digital requires written notice at least 30 days before your next billing date. e. No Termination by Third Party Users. 8EON Digital 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 8EON Digital, must

contact the party who originally provided access to the Platform for any

inquiries related to termination. 28 . 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 State of Texas will govern these Terms of Service and any

disputes under them, without giving effect to any principles of conflicts of

laws. Any controversy or claim arising out of or relating to these Terms of

Service shall be exclusively settled by arbitration administered by the

American Arbitration Association in accordance with Commercial Arbitration

Rules, then in effect. This arbitration provision is governed by the Federal

Arbitration Act. The arbitration proceedings shall be held in Dallas, Texas.

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. 29 . No Bug Bounties 8EON Digital does not have a bug bounty program and does not pay bug

bounties. 8EON Digital prohibits any third party access to the Platform

or any 8EON Digital systems or networks, including any network

penetration testing, security assessment or probing, except as expressly

permitted by this Agreement or as agreed to by 8EON Digital in a separate

agreement. 30 . Miscellaneous a. Your Privacy Obligations. When you provide access to the Platform to any

other parties, i.e. your Client(s), you must implement and enforce your own

privacy notice, providing the level of protection at least equal to that

provided to you by 8EON Digital. You must obtain consent from your

Client(s), affirmatively acknowledging that your Client(s) agree(s) to be bound

by your privacy notice. b. International Use. Although the Platform may be accessible worldwide, we

make 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. Any offer for any product, Services, and/or information made

in connection with the Platform is void where prohibited. c. 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

products and/or Services available 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. d. How to send Notices to 8EON Digital. All notices to a party shall

be in writing and shall be made via email. Notices to 8EON Digital must

be sent to the attention of Customer Service at [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. 31 . Communications and Contact Information 8EON Digital may contact you regarding these Terms of Use or the

Privacy Notice 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 8EON Digital, you can click on the “unsubscribe link”

provided in such communications or contact us at [email protected] . When you enroll in the Service, you must designate a primary email address

that will be used for receiving electronic communication related to these Terms

of Use and the Service. 8EON Digital 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 8EON Digital,

do not respond to the email and notify 8EON Digital by emailing us at [email protected] . For all other feedback, comments, requests for technical support, and other

communications relating to the Platform, these Terms of Service, and the

Privacy Notice, please contact us at [email protected]

or by mail at: 8EON Digital ATTN: Legal Department 10451 Mill Run Circle, Suite 400, Owings Mills, MD 21117 EFFECTIVE DATE: 16th, April 2024