TERMS OF SERVICE AGREEMENT This Terms of Service Agreement ("Agreement") is made by and between Online Business Automation Solutions, LLC, doing business as Maverick Solutions ("Provider"), and the undersigned ("White Label Partner" or "Sub-Account User"), collectively referred to as the "Parties." Definitions "Products" refers to the Hyperflow CRM and Artificial Intelligence Virtual Assistants (AIVAs) provided by the Provider."White Label Partner" refers to the entity granted a license to market, sell, and distribute the Products under their branding."Sub-Account User" refers to the entity granted a license to use the Products for internal business operations."Agreement" refers to this Terms of Service Agreement. Grant of License White Label Partner: The Provider grants the White Label Partner a non-exclusive, non-transferable license to market, sell, and distribute the Hyperflow CRM and Artificial Intelligence Virtual Assistants (AIVAs) under the White Label Partner’s branding, subject to the terms of this Agreement. Sub-Account User: The Provider grants the Sub-Account User a non-exclusive, non-transferable license to use the Hyperflow CRM and Artificial Intelligence Virtual Assistants (AIVAs) for the Sub-Account User’s internal business operations, subject to the terms and conditions outlined in this Agreement. Scope of Services The services provided under this Agreement shall include access to the AIVA Software and support for resolving any issues related to the functionality of the system in the event of bugs or defects. Any other services, including but not limited to system configuration, assistance with automations, prompt creation, third-party integrations, web development, or any other services not directly related to the resolution of system functionality issues, shall be deemed outside the scope of this Agreement and will incur additional fees as determined by the Provider at its sole discretion at the time such services are requested. Pricing and Resale The White Label Partner shall not market or sell the Products for less than $97 per month. They are free to set higher prices as deemed appropriate. Intellectual Property Rights All intellectual property in the Products remains the property of the Provider. The White Label Partner and Sub-Account User are granted a limited license to use these properties in connection with the resale or use of the Products, respectively. Compliance with Laws The White Label Partner and Sub-Account User agree to comply with all applicable laws and regulations in their marketing, distribution, or use of the Products, including but not limited to data protection laws and all relevant Federal Communications Commission (FCC) regulations. This includes, but is not limited to, compliance with A2P 10DLC (Application-to-Person 10-Digit Long Code) messaging requirements, Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any other regulations that may affect communication within the system. Limitation of Liability The Provider shall not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to this Agreement. The total liability of the Provider under this Agreement shall not exceed the amount paid by the White Label Partner or Sub-Account User during the twelve months preceding the claim. Non-Disparagement The White Label Partner and Sub-Account User agree not to engage in any conduct or communication, whether written or oral, that disparages or is likely to harm the reputation of the Provider, its products, services, or its employees. This includes, but is not limited to, making false, misleading, or derogatory statements about the Provider or its offerings. This clause shall survive the termination of this Agreement. Indemnification The White Label Partner and Sub-Account User shall indemnify and hold harmless the Provider from any claims, damages, liabilities, costs, and expenses arising from their breach of this Agreement or any unlawful or improper use of the Products. Warranties and Disclaimers The Products are provided "as is" and the Provider disclaims all warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose. The Provider does not guarantee results from the use of the Hyperflow CRM and Artificial Intelligence Virtual Assistants (AIVAs). The Provider acts solely as a software provider. It is the responsibility of the user to implement a sound strategy when using the AIVAs to achieve the desired profits. Results can vary, and if the user fails to implement an effective strategy, the Provider is not liable, provided that the software functions as agreed and is delivered according to the terms of the agreement. Additional Costs All costs, including those for using the AIVAs, SMS, Twilio, webhook, and email services, are subject to change at the discretion of the Provider based on operational costs. Specific charges will be determined by the respective third-party services used and the Provider’s cost of operations. Cancellation and Termination This Agreement may be terminated by either party with immediate effect. The user has the ability to cancel at any time through the system with the click of a button in the billing section of their account. No refunds will be provided for fees paid prior to termination. Data Protection and Privacy The Provider is committed to protecting the privacy and security of all personal data collected through the use of the Products. Personal data will be used exclusively for the purpose of delivering the agreed services and will not be sold, shared, or distributed to any third parties without explicit consent, except as required by law. The Provider will implement robust security measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. Confidentiality Both parties agree to maintain the confidentiality of proprietary information and to use it only as necessary to perform under this Agreement. Force Majeure Neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other events outside the reasonable control of the obligated party. Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in North Carolina, and the parties hereby consent to personal jurisdiction and venue therein. Notice All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") must be in writing and addressed to the Provider at the following email address: [email protected]. The Provider may also send Notices to the email address associated with the White Label Partner or Sub-Account User’s account. Notices shall be deemed duly given (a) when received by the receiving party if delivered by email, with confirmation of receipt, or (b) on the third business day following mailing if sent by registered or certified mail, return receipt requested, postage prepaid. The party giving the Notice must comply with the requirements of this section for the Notice to be deemed effective. General Provisions This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior agreements and communications. Severability and Enforceability If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. The Parties agree that any invalid or unenforceable provision will be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Entire Agreement and Amendment This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior agreements, understandings, and communications, whether written or oral, relating to such subject matter. This Agreement may not be amended or modified except by a written agreement signed by both Parties. Waiver No waiver of any provision of this Agreement will be effective unless it is in writing and signed by the Party against whom the waiver is sought to be enforced. No failure or delay by either Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy. Binding Effect This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. The White Label Partner and Sub-Account User may not assign this Agreement, or any of their rights or obligations hereunder, without the prior written consent of the Provider. Survival All provisions of this Agreement which by their nature should survive termination will survive termination, including but not limited to, provisions related to intellectual property, confidentiality, indemnification, non-disparagement, limitations of liability, and disclaimers. Dispute Resolution Any disputes arising out of or relating to this Agreement shall be resolved through mediation or arbitration in accordance with the rules of the American Arbitration Association before pursuing any other legal remedy. Change of Terms The Provider reserves the right to modify the terms of this Agreement at any time. The White Label Partner or Sub-Account User will be notified of any changes and continued use of the Products constitutes acceptance of the new terms. Acceptance of Terms By signing below, the White Label Partner or Sub-Account User acknowledges that they have read and understood this Agreement and agree to be bound by its terms. Consent to Electronic Communications By accepting the terms of this Agreement, the undersigned (either as "White Label Partner" or "Sub-Account User") consents to receive electronic communications from Online Business Automation Solutions, LLC, dba Maverick Solutions ("Provider"), which may include emails and SMS messages. These communications will pertain to the services provided under this Agreement, as well as information related to product updates, promotional offers, and marketing campaigns. The Provider commits to complying with all applicable laws and regulations regarding electronic communications. At any point, the recipient may opt out of receiving marketing communications by following the unsubscribe instructions provided within each electronic communication.