TERMS & CONDITIONS

1. Terms and Conditions. These Terms and Conditions (“Terms”) govern the use of the Indago Software (“Software”) provided by Indago Technologies Inc (“Provider”). By using the Software, you (“User”) agree to be bound by these Terms. By checking the box User represents and warrants (1) User has read, understands, and agrees to be bound by this agreement; (2) User is of legal age or has the proper consent; (3) The information User provided for registration for the subscription is true, accurate, current and complete; and (4) User have the authority to enter into this agreement personally or on behalf of the organization or entity User has named as the authorized user; and bind that organization to this agreement which constitutes a legally binding agreement. “Agreement” means these Terms and Conditions and any guidelines, rules, or operating policies that Provider posts on Provider website(s) including Acceptable User Policy, Privacy Notice, and any other policy.

1.1 Terms. Provider may change any Agreement terms by posting a revised Agreement which will be effective immediately upon posting or the effective date indicated in the new Agreement, as applicable, and apply to any continued or new use of the Software.

1.2 Software. Provider may change the Software or any Software features at any time. Provider may discontinue the Software or any features of the Software at any time. Provider may refuse Software, close User account(s) or the accounts of any Authorized Users, and change eligibility requirements at any time.

1.3 Refusal of Terms: If User does not agree with the terms of this Agreement, User must immediately discontinue use of the Software Otherwise, User's continued use of the Software constitutes User's acceptance of such changes. If the User does not agree to these Terms, please refrain from using the Software.

2. License and Access:

2.1 License Grant: Indago grants the Account Owner a non-exclusive, non-transferable, limited license to access and use the Indago Software (the “Software”) strictly in accordance with these Terms and Conditions.

Definition: "Account Owner" refers to the individual or entity that registers with Indago to create an account for accessing the Software. The Account Owner is responsible for managing the use of the Software under this account, including the activities of any Authorized Users.

2.2 Authorized Users: The Account Owner may authorize individuals ("Authorized Users") to use the Software under their account. Authorized Users may include employees, consultants, or agents of the Account Owner who are acting for the Account Owner's benefit and on its behalf.

Liability: The Account Owner is responsible for ensuring that Authorized Users comply with these Terms and Conditions. The Account Owner is liable for any actions taken by Authorized Users in connection with the use of the Software, including but not limited to data entry, content creation, and configuration changes.

2.3 User Responsibilities. Both the Account Owner and Authorized Users are responsible for maintaining the confidentiality of their account information, including usernames and passwords. The Account Owner and Authorized Users must promptly notify Indago of any unauthorized use of their account or breach of security. The Account Owner is liable for any loss or damage arising from such unauthorized use or security breach.

3. Trial. The term (“Trail”) encompasses User use of a Software free trial, beta version or using the Software on any other free-of-charge basis as specified by the Provider at its sole discretion. Provider will conclude the User's Trial at (1) the end of the Trial period as communicated by the Provider; (2) start date of User purchase of version of Software or (3) written notice of termination from Provider of the Trial Service period. Unless otherwise specified by the Provider, Users are subject to the license, access, and restriction stipulation of this agreement. Users will lose any Software configurations including data and reports, made by or for User during the Trial term will be permanently lost unless User (1) has purchased a subscription to the same Service as covered by the Trial or (2) you export such data or configurations before the end of such free period. There is no guarantee that features or functions of the Trial will be available, or if available will be the same, in the general release version of the Software. is under no obligation to provide you with any maintenance or support services with respect to the Trial. Provider provides the Trial “as-is” and “as available” without warranty or representations of any kind. To the extent permitted by law, Indago disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. User assume all risk and costs associated with its use of Trial. Your sole and exclusive remedy in case of any dissatisfaction or Provider’s breach of the Agreement with respect to such Trial is termination of the Trial. Any obligations of Indago to indemnify, defend, or hold harmless under this Agreement are not applicable to User use of Trial.

4. Hosting. User acknowledges that Provider’s Software operates on one or more third-party cloud computing platforms and that Provider shall have the right to change or add to the cloud computing platforms on which its Software operates.

5. Third-Party Materials. Provider may include other software programs and/or applications that are made available by third parties under their respective licenses as provided to the User. Provider warrants that such third-party documentation will not diminish license rights provided to the User herein, or limit User’s ability to use the Software in accordance with the third-party documentation or create any obligation on the part of the User to license User’s software or products under any similar license. Nothing herein shall detract from mandatory rights User may have under any other licenses if any.

6. Export Restrictions. Users are subject to the restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227‑7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

7. General Rules of Use. By agreeing to this Agreement, the User agrees to comply with our Acceptable User Policy and with the following in connection with the Software User.

7.1 User may not use Software to promote or incite harm toward others or that promote discriminatory, hateful, or harassing content. Provider may suspend or terminate User account if User sends or distribute content through the Software that the Provider determines, in our sole discretion, contains either of the following: (i) Any report, statement, white paper, social post, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others; or (ii) Any report, statement, white paper, social post, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national. Origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

7.2 User may not use our Software if User is a person or is a member of an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage or sponsor hateful content or a threat of physical harm.

7.3 User may not distribute content that is materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, people, organizations, or circumstances.

7.4 In the event the Provider determines, in our sole discretion, that the User is not complying with this Section and/or our Acceptable Use Policy, the Provider may terminate User's access to or use of the Software, disable the User account or access to the Software, and/or remove all or a portion of User Content, in each case, without notice or liability, and refund.

8. Username and Password. Users are responsible for maintaining the security of User accounts, usernames, passwords and files (including the passwords and files that User and Authorized Users, if any, have access to). Users may not share User usernames and/or passwords with other individuals. User authorizes us to act on any instructions reasonably believed by us to be any activity that occurs under User username and the activities of User Authorized Users, if any, and Provider shall not be responsible for the actions of any individuals who misuse or misappropriate User reports or other assets using User username and password or other appropriate account identifying information. User agrees to notify the Provider immediately of any unauthorized use or access to the User account or any other known or suspected breach of security. Providers are not responsible for any losses due to stolen or hacked passwords. Provider does not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. We may contact you, or any Authorized User, or log-in added to your account, based on the information provided for your account.

9. Account Disputes. User will not request access to, or information about, an account that is not Users’, and User will resolve any account-related disputes directly with the other party. Provider decides who owns an account based on a few factors, including the content in that account, and the contract and profile information listed for that account. In cases where differing contact and profile information is present or Provider is unable to reasonably determine ownership, Provider may require User to resolve the matter through proper channels outside of the Company. When a dispute is identified, the Provider may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

10. Equipment. User(s) are responsible for obtaining and maintaining any equipment and ancillary Software needed to connect to, access, or otherwise use the Software, including modems, hardware, servers, software, operating systems, networking, and Provider servers (together, the “Equipment”). Users are also responsible for maintaining the security of the Equipment and for all uses of the Equipment with or without User knowledge or consent.

11. Backups. Users are responsible for making frequent backup copies of User reports and content. Provider is not obligated to provide User with a way to store User reports and content outside of the Software.

12. Footers. For every report, message, or campaign sent or distributed via Software, User agrees that Provider may add a link to the Software and a statement such as “Reporting Made Simple by Indago”, “Provided by Indago” or similar statements in the footer or other similar location that does not unreasonably obscure the report or message.

13. Assistance. User acknowledges that Provider may from time to time provide User with training and coaching, resources, frequently asked questions, and general tips on best practices and compliance with applicable law, including, any sample offer terms or any automated and artificial intelligence-generated content. User acknowledges that such assistance and information is provided as a convenience to User. Users must abide by the applicable legal laws regarding the governance of the data used in their respective products.

14. Monitoring and Suspension. Although Provider has no obligation to monitor the content provided by User or User use of the Software, including User Products (as defined below), Provider may do so. Provider shall be entitled, without liability to User, to immediately suspend, terminate or limit User access to the Software at any time, delete or confiscate all or a portion of User reports, content, and/or terminate the Agreement for any reason in our sole discretion, including a determination by us that (a) the Software are being used by User, or User Authorized Users, in violation of any applicable laws or regulations or this Agreement, including our Acceptable User Policy and Privacy Notice, (b) the Software is being used by User in an unauthorized, inappropriate, or fraudulent manner, ( c ) the use of the Software by User adversely affects our equipment or Software to others, (d) Provider are prohibited by an order of a court or other governmental agency from providing the Software, (e) there is a security incident or other disaster that impacts the Software or the security of the Software, User account or User content, or (f) any amount due under this Agreement is not received by us within fifteen (15) days after it was due. User further understands and agrees that Provider and any applicable third party that supports posts, publishes, or distributes any content provided by User, including content provided through data sets connected through Indago or separately, has the right to reformat, edit, monitor, reject, block or remove any such content at any time or for any other reason.

15. User Products.

15.1 The Software may permit the User to, among other things, (a) connect to publicly available information (“Data Sets”), (b) collaborate among User organization, sharing and exchanging information and ( c ) build reports for further distribution.

15.2 User are solely responsible for User Products, including all sources, validations, accuracies, damages, claims, liabilities, and costs suffered in respect thereto. User shall be responsible for all costs of procuring and delivering User Products, including any associated shipping, secure transferring, taxes, additional data sets not through Indago, and any other fees associated therewith.

15. 3 User will be solely responsible for any and all statements and promises User makes and for all user assistance, warranty, and support of User Products, and to comply with any promises User makes to User customers or users. User further agrees to provide User contact information for any end-user questions, complaints, or claims. To the extent applicable, the User shall ensure that the analysis for each Report is in no way sponsored, endorsed, administered by, or associated with the Provider.

16. Communication with User. Provider reserves the right to send messages to User to (a) inform User of changes or additions to the Software, the Agreement, or the Fees (defined below), (b) to inform User of violations of this Agreement or actions relating to User access and use the Software, or ( c ) for marketing and other purposes. Users may unsubscribe from our marketing communications at any time, although Users will continue to receive transactional messages from us

16. 1 User acknowledges that Provider may contact User via telephone (either by a live person, automatic dialer, pre-recorded message, or a combination of the foregoing) to discuss the Software and User consents to such contact. Further, the User consents to receive such phone calls at the telephone number the User entered into the User account. User does not need to agree to this provision in order to use or procure the Software and if User would like us not to contact User by telephone, please send an email to info@indagotechnologies.com Upon request, Provider may also contact User via telephone (including by automatic dialer or prerecorded message or text User in order to provide User with User password or other information User request.

16.2 User agrees that Provider may, but is not obligated to, monitor or record any of User telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees, and for User's protection. User further agrees that any Authorized Users or anyone else User authorized to use User account consents to such monitoring or recording as Provider. User acknowledges that not all telephone lines or calls may be recorded by us and that Provider does not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved or even if retained and retrievable will be made available to User.

17. Intellectual Property.

17.1 Provider owns and shall retain all rights, title, and interest in and to all Intellectual Property Rights in the Software. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the Software, including any right to obtain possession of any software, source code, data, or technical material. Any use of the Software other than as specifically authorized herein, including our Acceptable Use Policy, is prohibited and will automatically terminate User rights concerning User use of the Software.

17.2 User owns any information that User provides to us in connection with User use of the Software, such as reports (including information and content User uploaded). User grants us limited, non-exclusive, royalty-free, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, perform, and display User Customer Data in order (a) to provide the Software under this Agreement, (b) to develop Software, and ( c ) to comply with any court order, legal process, law, regulation or any request from the governmental, regulatory or supervisory body. Provider may use and disclose aggregated data that does not identify Customer or any natural person for our legitimate business purposes, including improvements to the Software, product development, research, and marketing.

17.3 User is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of reports, and User is responsible for maintaining, securing, and storing User reports and content in accordance with applicable law and any contractual obligations User may have (including this Agreement).

17.4 If User submits any suggestions, business information, ideas, concepts inventions, or content to us through the Software or otherwise, User agrees that each such information is non-confidential for all purposes and User automatically grants or warrants that the owner of such content or intellectual property has expressly granted, us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and include in reports in any manner or in any media now known or hereafter created.

18. Fees; Payment; Taxes.

18.1 Fees. In consideration for the Software, the User agrees to pay us the then-current fees set forth in the “Account” section of the User account unless otherwise set forth in an applicable Order Form (“Fees”). Provider may change any of our Fees at any time by posting a new pricing schedule to the Software or in the User account and/or sending User a notification by email. Users are responsible for reviewing the Fees from time to time and remaining aware of the Fees charged by us and any applicable discounts. User acknowledges and agrees that our measurements are the definitive measurements for any payment due and provided hereunder.

18.2 Other Billing Arrangements. If the User receives the Software using one of our resellers or partners (each, a “Reseller”), the Reseller may be responsible for billing the User for the Software and the User may be subject to a different fee schedule and additional terms and conditions. Users are responsible for reviewing the User fee schedule and any additional terms and conditions. In the event of any conflict between the Provider, this Agreement, and the Reseller’s terms and conditions, this Agreement shall control except with respect to the payment provisions set forth in this Section. If the User ceases to be a customer of a Reseller, any special pricing, benefits, or terms may no longer be available to the User. Provider may rely on information provided by the Reseller, if any, with respect to the status of the account.

18.3 Disputes. Notwithstanding anything set forth herein to the contrary, any disputes about charges to User under this Agreement or applicable Order Form must be submitted in writing within sixty (60) days of the date such charges are incurred. User agrees to waive all disputes not brought within the sixty (60) day period, and all such charges will be final and not subject to challenge.

18.4 Payment. Provider will charge User the Fees for the Software in advance unless otherwise set forth in an applicable Order Form. Payment shall be made by a payment method accepted by the Provider. Fees are only payable in the currencies made available to the User when the User purchases the Software or as set forth in the applicable Order Form. If User is paying by credit card, (a) User hereby irrevocably authorizes us to charge the credit card or other payment method provided for any such amounts when due, (b) amounts due will be automatically charged, ( c ) if User credit card is declined, Provider will attempt to reach out to User for a new payment method, and (d) if User credit card expires, User hereby give us permission to submit the credit card charge with a later expiration date. If Provider fails to resolve the issue with User resulting from a credit card decline or expiration, Provider may terminate the account due to non-payment. Late payments, including those resulting from credit card declines, may accrue interest at a rate of one and one-half percent (1.5%) per month, or the highest rate allowed Provider by applicable law, whichever is Provider. If Provider must initiate a collection process to recover Fees due and payable hereunder, then Provider shall be entitled to recover from User all costs associated with such collection efforts, including reasonable attorneys’ fees.

18.5 Taxes. “Tax” or “Taxes” means all applicable taxes, including indirect taxes such as goods and Software tax (“GST), value-added tax (“VAT”), sales tax, fees, duties, levies, or other similar taxes. Unless otherwise stated, any Fees or any other amounts are exclusive of Taxes. In the event any amount payable by User to us is subject to Taxes, Provider will collect the full amount of those Taxes from User and the collection shall not reduce or somehow impact the amount to which Provider is entitled. User must pay any applicable Taxes. In the event that any payments and/or amount payable to User to us is subject to (a) any withholding or similar tax, (b) any Taxes not collected by Provider, or (c) any other Taxes or other government levy of whatever nature, the full amount of that Tax or levy shall be solely User responsibility and shall not reduce the amount to which Provider are entitled under this Agreement. User will reimburse us and indemnify Provider and hold us harmless against any and all claims by any competent tax authority related to any Taxes, including withholding or similar Taxes, penalties, and/or interest that Provider may be compelled to pay on account of User non-payment.

19. Compliance with Laws.

19.1 User represents and warrants that User use of the Software, including in connection with User Products, will comply with all applicable laws and regulations. Users are responsible for determining whether the Software is suitable for the User to use in light of User obligations under any applicable laws or regulations. Users may not use the Software for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to e-commerce.

19.2 If the User collects any personal information pertaining to a minor and stores such information within the User account, the User represents and warrants that the User has obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

20. Privacy

20.1 Privacy Law. Both Provider and User shall comply with all laws and regulations of the relevant jurisdictions that apply to its respective performance of obligations and exercise of rights under this Agreement, including the Regulation (EU) 2016/679 of 27 April 2016, General Data Protection Regulation (the “GDPR”), the California Consumer Privacy Act (the “CCPA”), as amended by the California Privacy Rights Act (the “CPRA”), Brazil’s Lei Geral de Protecão de Dados Pessoais (“LGPD”), and other U.S. federal or state data privacy and data protection laws, and related implementing regulations (collectively, “Data Privacy Laws”).

20.2 Customer Warranties. User warrants that (a) User has compiled, and shall continue to comply, with Data Privacy Laws in User collection, processing and provision to us of personal information; and (b) User shall not process any personal information using the Software, or permit us to process any personal information, in breach or contravention of any order issued to, or limitation of processing imposed on, User by any regulatory authority.

20.3 Privacy Notice. Please read our Privacy Notice for information regarding how the Provider collects, uses, and discloses User personal information and personal information in Customer Data, and the privacy rights available to the User when the User uses and interacts with the Software.

20.4 Data Processing Addendum. To the extent the Provider processes User contacts’ or customers’ personal information that is protected by Data Privacy Laws as a processor on User's behalf (all as defined in our Data Processing Addendum (“DPA”)), the User and us will be subject to and comply with the DPA, which is incorporated into and forms an integral part of this Agreement. The DPA sets out our obligations with respect to data protection and security when processing User personal information on the User's behalf in connection with the Software.

20.5 Sensitive Information. User will not import or incorporate into any report or other content User upload to our servers any of the following information: social security numbers; national insurance numbers; credit card numbers; passwords; security credentials; protected health information; or nonpublic personal material of any kind. If the User is a covered entity under the Health Insurance Portability and Accountability Act of 1996 and the User believes the content the User imports to our servers may constitute protected health information due to its association with the User account, the User should contact us at info@indagotechnologies.com to request a business associate agreement (“BAA”) prior to using the Software with User information. Whether or not the Provider enters into a BAA with the User, this Agreement, including the prohibition on importing or incorporating nonpublic personal information, remains in effect for the User account. User agree not to import or incorporate only protected health information in the Software other than the fact that the individuals on User contact lists may have a relationship with User business.

20.6 Customer Privacy Notice. Users will adopt and comply with a legally sufficient “customer privacy notice.” User privacy notice will be posted so that User contacts have notice of User data collection and use practices, including User practices with respect to contact data that User obtain from us, and will otherwise comply with Data Privacy Laws. Provider has provided User with information regarding our use of contact data in our Customer Contact Data Notice, which may be modified by us from time to time. User customer privacy notice will either adapt the Customer Contact Data Notice or include substantially similar disclosure (and update such disclosure from time to time) so that User contacts are aware of how the report was collected by User or Provider.

21. Terms and Termination.

21.1 Term and Automatic Renewal. The term of this Agreement shall be monthly, or to the extent applicable, the period specified in the User Order Form (the “Initial Term”). The Initial Term shall automatically renew for additional monthly periods or as specified in the User Order Form (each a “Renewal Term”, and together with the Initial Term, the “Term”).

21.2 Termination. To terminate a User account or subscription for any of the Software, the User must request termination at least thirty (30) days prior to the end of the current Term by updating the User Account Profile or sending a written notification to info@indagotechnologies.com. Except as otherwise agreed to by us in writing, there are no refunds for any pre-paid Fees. Provider may terminate this Agreement at any time without cause. Provider is not responsible for User's failure to properly terminate the User account and/or subscription to the Software or for any credit card or other charges or fees User incurs as a result of User's failure to properly terminate the User account and/or subscription.

21.3 Effect of Termination of Expiration. Upon termination or expiration of User account and/or subscription for the Software, this Agreement and any rights or licenses granted to User hereunder shall immediately terminate, except that all sections of this Agreement that by their nature should survive termination will survive termination.

22. Representation of Warranties.

22. 1 Warranty Disclaimer; Remedies; Release. User expressly agrees that the Software (including any custom software offering) is provided on an “as is” and “as available” basis. Use of the Software, including in connection with User products, and any reliance by User upon the Software, including any action taken by User products, because of such use or reliance, is at User's sole risk, Provider does not warrant that the use of the Software will be uninterrupted or error-free or completely secure, nor do Provider make any warranty as to the result that may be obtained from use of the same. Provider disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement. No statement of information, whether oral or written, obtained from Provider in any means or fashion shall create any warranty not expressly and explicitly set forth in this agreement. (ii) No claim may be asserted by the User against the Provider more than 12 months after the date of the cause of action underlying such a claim. User's sole and exclusive remedy for any failure or nonperformance of the Software shall be for us to use commercially reasonable efforts to adjunct or repair the Software. (iii) To the extent applicable law permits, User releases Provider from any claims or liability related to (A) User products, (B) Any content posted on our Software or in any materials User sends using the Software, and (C) Any problems that may arise from any remote access to User computers or other systems User provide to our personnel or agents for the purpose of troubleshooting issues. User hereby waives California Civil Code Section 1542 (If User is a California resident) and any similar provision in any other jurisdiction (If User is a resident of such jurisdiction.

23. Limitation of Liability.

Except with respect to death or personal injury due to our gross negligence to the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise shall Provider or any of its underlying Software providers, business partners, account providers, licenses, affiliates, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as “Indago”) be liable to Suer or any other person for any money damages, whether direct, indirect, special, incidental, covers reliance or consequential damages, even in Indago shall have been informed of the possibility of such damages, or for any claim by any other party, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise). The maximum aggregate liability to User arising in connection with this agreement shall be limited to the amount user paid for the applicable Software in the twelve (12) months prior to the accrual of the applicable claim, less any damages previously paid by Provider to User in the twelve (12) month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to the User.

User agrees that Provider has set our Fees and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.

24. Restricted Persons; Export of the Software or Technical Data. The Software is subject to export control and economic sanctions law and regulations administered or enforced by the U.S. Department of Commerce, U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), U.S. Department of State, and other U.S. authorities (collectively, “U.S. Trade Laws”). User may warrant that User is not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or Crimea region of Ukraine), (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled or acting on behalf of such a person, ( c ) otherwise a prohibited party under U.S. Trade Laws, or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit permission, the Provider does not register, and prohibit the use of any of the Software in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions.

25. Third-Party Websites and Software. The Software contains links to websites operated by third parties, including our partners and Resellers and third-party suppliers and providers, which may include marketing and advertising Software, social bookmarking Software, social network platforms, publication and delivery Software, data connectors, APIs, payment processing Software and other payment intermediaries or websites (each, a “Third-Party Software”), some of which may have established relationships with us and some of which may not. Provider does not have control over the content and performance of Third-Party Software. Provider has not reviewed, and cannot review or control, the material, including computer software or other goods or Software, made available on Third-Party Software, and Provider does not represent, warrant, or endorse any Third-Party Software, or the accuracy, currency, content, fitness, lawfulness, or quality of information, material, goods, or Software available through Third-Party Software. Provider disclaims, and User agrees to assume, all responsibility and liability for any damage or other harm, whether to User or to third parties, resulting from User's use of Third-Party Software. Provider may terminate any Third-Party Software’s ability to interact with the Software at any time, with or without notice, and in our sole discretion, with no liability to User or to any third party.

25.1 User agrees to abide by the terms and conditions of any applicable Third-Party Software (including Facebook, Stripe, Google, and Provider Webz.io). Notwithstanding anything set forth herein to the contrary, User will abide by this Agreement regardless of anything to the contrary in User's agreement with any third party and User shall not use such Third-Party Software to avoid the restrictions set forth in this Agreement.

26. Notice and Take Down Procedures. If User believes any materials accessible on or from the Software infringe User copyright or other intellectual property, User may request removal of those materials (or access thereto) from the Software by contacting us at info@indagotechnologies.com and providing the following information:

26.1 Identification of the copyrighted work that User believe to be infringed. Please describe the work, and where possible include a copy of the location (for example, the URL) of an authorized version of the work. (ii) Identification of the material that the User believes to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material. (iii) User name, address, telephone number, and if available, email address. (iv) A statement that the User has a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law. (v) A statement that the information that User has supplied is accurate, and indicates that “under penalty of perjury,” User is the copyright owner or is authorized to act on the copyright owner’s behalf. (vi) A signature or the electronic equivalent from the copyright holder or authorized representative.

26.2 In an effort to protect the rights of copyright owners, Provider maintains a policy for the termination, in appropriate circumstances, of our customers who are repeat infringers.

27. Miscellaneous.

27.1 Assignment. User may not assign any of User rights thereunder. Provider may assign all rights to any other individual or entity in our sole discretion.

27.2 Further Assurances. User agrees to execute any and all documents and take any other actions reasonably required or necessary to effectuate the purposes of this Agreement.

27.3 Force Majeure. Provider are not liable for any failure, default or delay in the performance of any part of the Software or of our obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including fire, flood, acts of God, changes to law or regulations, embargoes, labor disputes, accidents, insurrection, epidemic, pandemic, acts of war (declared or undeclared) or terrorism, riots, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for us to perform our obligations hereunder, including acts of hackers or third-party internet Software providers.

27.4 Third Party Beneficiaries. Our affiliates, underlying Software providers, business partners, third-party suppliers, and providers, licensors, officers, directors, employees, distributors, and agents are expressly made third-party beneficiaries of this Agreement. Except as set forth in the immediately preceding sentence, nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.

27.5 Titles. The titles of the paragraphs of this Agreement are for convenience only and have no legal or contractual effect.

27.6 Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party, by virtue of this Agreement, will have any right, Provider, nor authority to act or create an obligation, express or implied, on behalf of the other party.

27.7 Attorney’s Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.

27.8 Governing Law and Legal Actions. User hereby submits to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of this Agreement, whether in contract, tort, fraud, misrepresentation, or any other legal theory. The arbitration will be conducted before a single arbitrator and will be held at an arbitration location in Tampa, Florida unless User is a “consumer” as defined under the AAA rules. Disputes with consumers, as therein defined, will be resolved by binding arbitration conducted under the AAA’s Consumer Arbitration Rules, as applicable. Consumers may request that arbitration occur in or near the city/state in the User account record with us. The procedures for commencing arbitration are available here, that User may assert claims in small claims court, if the User claims qualify and so long as the matter remains in such court only on an individual, non-class basis).

27.8.1. Arbitration must be on an individual basis. This means neither User nor Provider may join or consolidate claims in arbitration by or against other customers, subscribers, or users or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. Only a court, and not an arbitrator, shall determine the validity and effect of the class action waiver. Even if all parties have opted to litigate a claim in court, the User or Provider may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. Payment of all filing, administration, and arbitrator fees will be governed by AAA’s rules unless otherwise stated in this Section. In the event User are able to demonstrate that the cost of arbitration will be prohibitive as compared to the cost of litigation, Provider will pay as much of User filing, administrative, and arbitration fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If User initiates litigation or any other proceeding against us in violation of this paragraph, User agrees to pay our reasonable costs and attorney’s fees incurred in connection with its enforcement of this paragraph. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement is evidence of a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16)

28.8.2. Equitable Relief. User violation of this Agreement may cause irreparable harm to Provider. Therefore, Provider has the right to seek injunctive relief or other equitable relief if User violates this Agreement.

28.8.3. Additional Information. If User has any questions about the rights and restrictions above or would like to report any inaccuracies or errors, please contact us by email at info@indagotechnologies.com.

29. Additional Terms.

29.1 Accessibility Statement Provider is committed to ensuring digital accessibility for people with disabilities. Provider is continuously working to improve the accessibility of our Provider website indagotechnologies.com and associated digital platforms to ensure Provider provides equal access to all of our users. Provider aims to adhere as closely as possible to the Provider Content Accessibility Guidelines (WCAG) 2.1, Level AA criteria. These guidelines outline four main principles that state that sites should be:

29.1.2 Perceivable - Information and user interface components must be presentable to users in ways they can perceive.

29.1.3 Operable - User interface components and navigation must be operable.

29.1.4 Understandable - Information and the operation of the user interface must be understandable.

29.1.5. Robust - Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies.

29.2 Efforts to Support Accessibility Indago takes the following measures to ensure accessibility:

29.2.1.Include accessibility as a key aspect of our mission and Provider website development activities.

29.2.2.Integrate accessibility checks as part of our Provider website building process.

29.2.3.Provide continual accessibility training for our staff.

29.2.4. Regularly test our Provider website to ensure it meets accessibility standards.

29.3 Conformance Status The Provider Content Accessibility Guidelines (WCAG) define requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. [User Provider website URL] is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.

29.3.1. Feedback Provider welcomes User feedback on the accessibility of our website. Please let us know if User encounters accessibility barriers by emailing info@indagotechnologies.com.

29.4 Limitations and Alternatives Despite our best efforts to ensure the accessibility of indagotechnologies.com there may be some limitations. In such cases, the Provider offers the following alternatives:

29.4.1.If the User is having trouble accessing specific content or features, please contact us and the Provider will make the information available to the User in a format that is accessible.

29.4.2. For users with specific hearing or visual impairments, alternate technologies can be provided to ensure a robust user experience.

29.5. Cookie Notice. Indago uses cookies on our Providerbsite indagotechnologies.com. By using the Software, Users consent to the use of cookies. This Cookies Policy explains what cookies are, how Provider uses cookies, how third parties Provider may partner with may use cookies on the Software, User choices regarding cookies, and further information about cookies.

29.6 What are Cookies Cookies are small pieces of text sent by the User Provider browser on a website the User visits. A cookie file is stored in the User Provider browser and allows the Software or a third party to recognize the User and make User's next visit easier and the Software more useful to the User. Cookies can be "persistent" or "session" cookies. Persistent cookies remain on the User's personal computer or mobile device when the User goes offline, while session cookies are deleted as soon as the User closes the user-provider browser.

29.7. How Indago Uses Cookies When the User uses and accesses the Software, the Provider may place a number of cookies files in the User Provider browser. Provider uses cookies for the following purposes:

29.7.1.To enable certain functions of the Software

29.7.2. To provide analytics

29.7.3To store User preferences

29.7.4. To enable advertisement delivery, including behavioral advertising

29.7.5. Provider uses both session and persistent cookies on the Software and Provider uses different types of cookies to run the Software:

29.8 Essential cookies: Provider may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

29.9 Preference cookies: Provider may use preference cookies to remember information that changes the way the Software behaves or looks like the User's preferred language or the region that the User is in.

29.10 Third-party cookies In addition to our cookies, the Provider may also use various third-party cookies to report usage statistics of the Software, deliver advertisements on and through the Software, and so on.

29.11 Analytics cookies: Provider may use analytics cookies to track information on how the Software is used so that Provider can make improvements. Provider may also use analytics cookies to test new advertisements, pages, features, or new functionality of the Software to see how our users react to them.

29.12 What Are User Choices Regarding Cookies If the User would like to delete cookies or instruct the User Provider browser to delete or refuse cookies, please visit the help pages of the User browser. Please note, if the User deletes cookies or refuses to accept them, the User might not be able to use all of the features Provider offers, the User may not be able to store User preferences, and some of our pages might not display properly.