Terms & Conditions

WEBSITE TERMS AND CONDITIONS Last Updated: May 13, 2026 These Website Terms and Conditions (this "Agreement") govern the use of all pages, content, features, and functionality made available on this website (the "Website"), any mobile or desktop applications made available by the Company that link to or reference this Agreement (each, an "Application"), and any services made available through the Website or Applications (collectively, the "Services"), each of which is provided by Zoolytix Inc., a Delaware corporation (the "Company," "we," "our," or "us"). This Agreement is a binding legal contract between the Company and the individual or entity accessing or using the Website, Applications, or Services (a "User," "you," or "your"). A User who has registered an account or subscribed to any paid Service is also referred to herein as a "Subscriber." Certain provisions of this Agreement apply only to Subscribers and are identified as such. Paid subscriptions to the Company's hosted software products, including ShelterSync, are governed by a separate Subscription Agreement or Master Services Agreement executed between the Company and the subscribing organization. In the event of any conflict between this Agreement and such Subscription Agreement or Master Services Agreement with respect to a paid Service, the terms of the Subscription Agreement or Master Services Agreement shall control.

1 ASSENT AND ACCEPTANCE

BY CLICKING "I AGREE" OR BY ACCESSING OR USING THE WEBSITE, APPLICATIONS, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE, APPLICATIONS, OR SERVICES. The Company reserves the right to change, modify, add, or remove portions of this Agreement at any time by posting the amended Agreement on the Website. Please check this Agreement periodically for changes. Your continued use of the Website, Applications, or Services following the posting of changes constitutes your acceptance of those changes.

2 MODIFICATIONS TO THIS AGREEMENT; CONTINUED USE

The Company reserves the right to modify this Agreement at any time by posting a revised version on the Website or by otherwise providing notice to you. The "Last Updated" date at the top of this Agreement indicates when it was last revised. Any modifications to this Agreement will be effective immediately upon posting unless otherwise specified. Your continued use of the Website, Applications, or Services after we post or provide notice of changes to this Agreement signifies your acceptance of the updated terms. If you do not agree to the modified Agreement, you must stop using the Website, Applications, and Services immediately.

3 AGE RESTRICTION

The Website, Applications, and Services are intended solely for Users who are eighteen (18) years of age or older. By accessing or using the Website, Applications, or Services, you represent and warrant that you are at least eighteen (18) years old. If you are under eighteen (18) years of age, you are not permitted to access or use the Website, Applications, or Services under any circumstances. The Company does not knowingly collect personal information from individuals under the age of eighteen (18). If we discover that we have collected personal information from a person under eighteen (18), we will delete that information promptly.

4 LICENSE TO USE WEBSITE

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website, Applications, and Services solely for your personal or internal business purposes in accordance with this Agreement. This license does not include any rights to: (a) resell, redistribute, or make commercial use of the Services; (b) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website, Applications, or Services; (c) remove, alter, or obscure any proprietary notices on the Website, Applications, or Services; (d) use any automated system, including robots, spiders, or scrapers, to access the Website or Services; or (e) use the Services in any manner that could damage, disable, overburden, or impair the Company's systems or interfere with any other party's use of the Services. The Company reserves all rights not expressly granted in this Agreement.

5 INTELLECTUAL PROPERTY RIGHTS

The Website, Applications, Services, and all content, features, and functionality thereof, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unless otherwise indicated in writing by the Company, the Website, Applications, and Services are provided solely for your personal, non-commercial use. You may not copy, reproduce, republish, upload, post, transmit, distribute, or modify the Company's trademarks, content, or other proprietary materials in any way, including for use on any other website or networked computer environment, without the Company's prior written consent. The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

6 PRIVACY

Your use of the Website, Applications, and Services is subject to the Company's Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy describes how the Company collects, uses, and discloses information about you, including personal information and usage data. By accessing or using the Website, Applications, or Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. We are committed to protecting the privacy and security of your information and the information of the animals and organizations using our Services. Please review our Privacy Policy carefully to understand our practices regarding your information. If you do not agree with our Privacy Policy, you must not access or use the Website, Applications, or Services.

7 USER RESTRICTIONS; ACCEPTABLE USE

You agree that you will not engage in any of the following prohibited activities: (a) reproducing, distributing, publicly displaying, or publicly performing any content from the Website, Applications, or Services without the Company's prior written permission; (b) reselling, transferring, or sublicensing any rights granted to you under this Agreement; (c) taking any action that damages, disables, overburdens, or impairs the operation of the Website, Applications, or Services or interferes with any other party's use and enjoyment of the Website, Applications, or Services; (d) interfering with or disrupting other users' access to the Website, Applications, or Services; (e) violating any applicable local, state, national, or international law, rule, or regulation; (f) sending or causing to be sent any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation; (g) using any automated data extraction tools, including but not limited to robots, spiders, scrapers, crawlers, or data mining tools, to access, collect, or extract data from the Website, Applications, or Services, except for search engine indexing in accordance with our robots.txt file; (h) reverse engineering, decompiling, disassembling, or attempting to discover the source code or underlying algorithms of any software comprising the Website, Applications, or Services; (i) circumventing, disabling, or otherwise interfering with security-related features of the Website, Applications, or Services; (j) engaging in any activity that constitutes or promotes libel, slander, harassment, defamation, fraud, or infringement of any third party's intellectual property rights, privacy rights, or other rights; (k) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity; or (l) using the Website, Applications, or Services in any manner inconsistent with this Agreement. The Company reserves the right to investigate any suspected violations of this Agreement and to take appropriate action, including but not limited to suspending or terminating your access to the Website, Applications, or Services, removing any content that violates this Agreement, and reporting any suspected illegal activity to law enforcement authorities.

8 USER CONTENT

"User Content" means any and all audio, video, text, images, comments, feedback, suggestions, ideas, or other materials that you submit, post, upload, transmit, or otherwise make available through the Website, Applications, or Services. You retain all ownership rights in your User Content. However, by submitting User Content through the Website, Applications, or Services, you grant the Company a non-exclusive, worldwide, royalty-free, transferable, sublicensable, and revocable license to host, store, reproduce, modify, create derivative works from, publicly display, publicly perform, and distribute your User Content as necessary to operate, provide, improve, and promote the Website, Applications, and Services. Any feedback, suggestions, ideas, or other information you provide to the Company regarding the Website, Applications, or Services grants the Company a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and exploit such feedback without any obligation or compensation to you. You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit your User Content and grant the licenses described in this section; (b) your User Content does not and will not violate this Agreement or infringe, misappropriate, or otherwise violate any third party's intellectual property rights, privacy rights, publicity rights, or other rights; and (c) your User Content does not contain any defamatory, libelous, obscene, or otherwise unlawful material. The Company reserves the right, but has no obligation, to review, monitor, edit, remove, or disable access to any User Content at any time and for any reason, including if we believe that the User Content violates this Agreement or applicable law, or for any other reason in our sole discretion.

9 ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any losses arising from your failure to comply with this section, including any unauthorized use of your account or credentials.

10 DATA AND SECURITY

While the Company takes commercially reasonable measures to protect the security and integrity of the Website, Applications, and Services, the Company does not guarantee the security of your account, User Content, or any data transmitted to or from the Website, Applications, or Services. You acknowledge and agree that you use the Website, Applications, and Services at your own risk and that you are solely responsible for maintaining backup copies of any important data or User Content that you submit through the Website, Applications, or Services. The Company shall not be liable for any loss, corruption, or unauthorized access to your data or User Content.

11 THIRD-PARTY CONTENT, LINKS, AND INTEGRATIONS

The Website, Applications, and Services may contain advertisements, links to third-party websites, or integrations with third-party products, applications, or services, including but not limited to ShelterLuv (collectively, "Third-Party Services"). The Company does not control, endorse, sponsor, recommend, or assume responsibility for any Third-Party Services. Your use of any Third-Party Services is governed by the terms and conditions and privacy policies of those third parties, and the Company is not responsible or liable for any losses, damages, or claims arising from your use of or reliance on any Third-Party Services. You acknowledge and agree that the Company makes no representations or warranties regarding Third-Party Services and that you access and use Third-Party Services at your own risk.

12 NO SURREPTITIOUS CODE

(a) Company Representation: The Company represents that the Website, Applications, and Services do not contain any hidden code, mechanisms, or routines that are designed to collect personal information without authorization, take control of computer systems, or restrict access to data or functionality. (b) User Representation and Warranty: You represent and warrant that you will not introduce, upload, or transmit to the Website, Applications, or Services any spyware, adware, ransomware, rootkit, keylogger, virus, trojan horse, worm, time bomb, cancel bot, or any other code, file, or program that is designed to permit unauthorized access to the Company's systems, disable or impair the operation of the Website, Applications, or Services, or restrict access to the Website, Applications, or Services or any portion thereof.

13 SUPPORT

Support for paid Services is governed by the applicable Subscription Agreement or Master Services Agreement between the Company and the subscribing organization. For Users who are not Subscribers or who access the Website or Services without authentication, the Company may provide support on an "as available" basis at its sole discretion, without any service level commitments, warranties, or guarantees of response time or resolution. The Company reserves the right to modify, limit, or discontinue support for any free or unauthenticated Services at any time without notice. Nothing in this section creates any obligation for the Company to provide support for free or unauthenticated use of the Website, Applications, or Services.

14 DISCLAIMER OF WARRANTIES

THE WEBSITE, APPLICATIONS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR SECURITY. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, APPLICATIONS, OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY ERRORS IN THE WEBSITE, APPLICATIONS, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE, APPLICATIONS, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOUR USE OF THE WEBSITE, APPLICATIONS, AND SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY'S WARRANTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

15 LIMITATION OF LIABILITY

(a) EXCLUSION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, APPLICATIONS, OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) CAP ON LIABILITY: THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, APPLICATIONS, OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED UNITED STATES DOLLARS (US$100).

(c) EXCEPTIONS: THE LIMITATIONS IN THIS SECTION SHALL NOT APPLY TO (i) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 16, (ii) YOUR BREACH OF SECTION 4 (LICENSE TO USE WEBSITE), SECTION 5 (INTELLECTUAL PROPERTY RIGHTS), OR SECTION 7 (USER RESTRICTIONS; ACCEPTABLE USE), OR (iii) LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16 INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Website, Applications, or Services; (b) your User Content; (c) your breach of this Agreement; or (d) your violation of any law, rule, regulation, or third-party right. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. This indemnification obligation will survive the termination of this Agreement and your use of the Website, Applications, and Services.

17 TERMINATION

You may stop using the Website, Applications, and Services at any time by ceasing to access them. The Company may, in its sole discretion and without notice or liability, suspend, restrict, or terminate your access to all or any part of the Website, Applications, or Services at any time and for any reason, including but not limited to your breach of this Agreement, suspected fraudulent or illegal activity, or for no reason at all. Upon termination, your right to use the Website, Applications, and Services will immediately cease. The Company will not be liable to you or any third party for any termination of your access to the Website, Applications, or Services.

18 SURVIVAL

The following sections of this Agreement shall survive any termination or expiration of this Agreement: Section 5 (INTELLECTUAL PROPERTY RIGHTS), Section 6 (PRIVACY), Section 7 (USER RESTRICTIONS; ACCEPTABLE USE), Section 8 (USER CONTENT), Section 12 (NO SURREPTITIOUS CODE), Section 14 (DISCLAIMER OF WARRANTIES), Section 15 (LIMITATION OF LIABILITY), Section 16 (INDEMNIFICATION), Section 18 (SURVIVAL), Section 19 (DMCA COPYRIGHT POLICY), Section 20 (DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER), Section 21 (GOVERNING LAW; JURISDICTION), and Sections 22 through 28 (if applicable).

19 DMCA COPYRIGHT POLICY

The Company respects the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, the Company will respond expeditiously to claims of copyright infringement committed using the Website, Applications, or Services if such claims are reported to the Company's designated DMCA Agent.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Website, Applications, or Services, you may notify the Company's DMCA Agent in accordance with 17 U.S.C. § 512(c)(3). Your notice must include:

(a) A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner;

(b) Identification of the copyrighted work claimed to have been infringed;

(c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material;

(d) Your contact information, including address, telephone number, and email address;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DMCA Agent Contact Information:

LegalZoom
Zoolytix Inc.
131 CONTINENTAL DRIVE SUITE 305
NEWARK, DE 19713
Email: hello@zoolytix.com

The Company may terminate the accounts of repeat infringers in appropriate circumstances.

20 DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at hello@zoolytix.com and attempt to resolve the dispute informally for at least sixty (60) days. If the dispute cannot be resolved informally within sixty (60) days, either party may initiate binding arbitration as described below.

(b) Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement, the Website, Applications, or Services, including the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes"), shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules and Procedures then in effect. The arbitration shall be conducted in Wilmington, Delaware, or another location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction.

(c) CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS OR TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED PROCEEDING. If a court or arbitrator determines that the class action waiver is unenforceable as to any particular claim or request for relief, then that claim or request for relief shall be severed and brought in court, while any remaining claims or requests for relief shall proceed in arbitration.

(d) Exceptions: Notwithstanding the foregoing, either party may: (i) bring an individual action in small claims court; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (iii) seek to enforce an arbitration award in a court of competent jurisdiction.

(e) Opt-Out: You may opt out of this arbitration agreement by sending written notice to the Company at hello@zoolytix.com within thirty (30) days of first accepting this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of this Agreement will continue to apply, but neither you nor the Company will be required to arbitrate Disputes.

21 GOVERNING LAW; JURISDICTION

This Agreement and any Disputes arising out of or relating to this Agreement, the Website, Applications, or Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. To the extent that arbitration does not apply pursuant to Section 20, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

22 ASSIGNMENT

You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of the Company. Any attempted assignment in violation of this Section is void. The Company may freely assign or transfer this Agreement, in whole or in part, without your consent in connection with a merger, acquisition, reorganization, sale of assets, financing, or by operation of law. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

23 NOTICES

All notices, requests, consents, claims, demands, waivers, and other communications required or permitted under this Agreement (collectively, "Notices") shall be in writing and addressed to:

Zoolytix Inc.
Attn: Legal
131 CONTINENTAL DRIVE SUITE 305
NEWARK, DE 19713
Email: hello@zoolytix.com

Notices to the Company shall be sent by certified mail, return receipt requested, or by overnight courier service with tracking capabilities. The Company may provide Notices to you by email, by posting on the Website, or by any other reasonable means. Notices to the Company shall be deemed effective upon receipt. Notices from the Company to you shall be deemed effective upon dispatch by email or other electronic means, or upon posting to the Website.

24 FORCE MAJEURE

The Company shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond the Company's reasonable control, including but not limited to: (a) acts of God; (b) natural disasters such as earthquakes, hurricanes, floods, or wildfires; (c) war, terrorism, civil unrest, riot, invasion, or military action; (d) government action, including laws, regulations, orders, embargoes, or sanctions; (e) labor disputes, strikes, or lockouts; (f) failures or disruptions in internet services, telecommunications services, or utility services; (g) power outages or electrical failures; (h) denial of service attacks, hacking, or other cyberattacks; (i) pandemics, epidemics, or public health emergencies; or (j) any other cause beyond the Company's reasonable control. In the event of a force majeure condition, the Company's obligations under this Agreement shall be suspended for the duration of such condition, and the Company shall be entitled to a reasonable extension of time to perform its obligations following the cessation of the force majeure condition.

25 WAIVER

No failure or delay by the Company in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of the Company to be effective. No waiver of any provision of this Agreement shall be deemed a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided in the written waiver.

26 SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. In such event, the invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement, or, if severance would materially alter the rights or obligations of the parties, such provision shall be reformed or modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving to the greatest extent possible the original intent of the parties. The remaining provisions of this Agreement shall continue in full force and effect.

27 NO THIRD-PARTY BENEFICIARIES

This Agreement is for the sole and exclusive benefit of the parties hereto (you and the Company) and their respective successors and permitted assigns. Except as expressly provided in Section 28 (MOBILE APPLICATIONS) with respect to platform providers, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. No third party shall have any right to enforce any provision of this Agreement or to claim any benefit under this Agreement.

28 MOBILE APPLICATIONS

If you access the Services through a mobile application downloaded from a third-party platform provider, such as the Apple App Store, Google Play Store, or any other application distribution platform (each, a "Platform"), your use of the Application is also subject to the Platform's applicable terms of service, end user license agreement, and usage rules. You acknowledge and agree that:

(a) This Agreement is between you and the Company only, and not with the Platform provider;

(b) The Platform provider has no obligation to provide any maintenance or support services for the Application;

(c) In the event of any failure of the Application to conform to any applicable warranty, you may notify the Platform provider, and the Platform provider may refund the purchase price (if any) paid for the Application, and the Platform provider shall have no other warranty obligation with respect to the Application;

(d) The Platform provider is not responsible for addressing any claims you or any third party may have relating to the Application;

(e) The Platform provider is a third-party beneficiary of this Agreement as it relates to your use of the Application, and upon your acceptance of this Agreement, the Platform provider will have the right to enforce this Agreement against you as a third-party beneficiary; and

(f) You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

29 ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy and any applicable Subscription Agreement or Master Services Agreement executed between you (or your organization) and the Company, constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, with respect to such subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless expressly contemplated in Section 2 (MODIFICATIONS TO THIS AGREEMENT; CONTINUED USE) or made in a writing signed by an authorized representative of the Company. In the event of any conflict or inconsistency between this Agreement and any Subscription Agreement or Master Services Agreement with respect to paid Services, the terms of the Subscription Agreement or Master Services Agreement shall control.

ACCEPTANCE

By accessing or using the Website, Applications, or Services, you confirm that you have read, understood, and agree to be bound by this Agreement.