Terms Of Use

Sync-In Global is on a mission to empower people to make better decisions through the
fusion of machine and human intelligence. Our unique, patented AI technology products
can conduct text conversations with consumers at scale. By combining natural language
understanding with data and personalization, our products allow consumers to deeply
engage in a purchase process prior to interacting with a salesperson.

In these Sync-In Global terms of service, “we,” “us,” “our,” and “Sync-In Global,” and the terms “you,”
“your,” and “user” will refer to you. When referring to the “Sync-In Global services,” we mean to include
both our phone-based and text-based services (the “Sync-In Global mobile services”) and our website and
web app-based services (the “Sync-In Global app”), and also various websites, applications, web
applications, text messages, email notifications, and other mediums, or portions of such mediums,
provided by Sync-In Global.

We reserve the right to make changes to Sync-In’s Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last Updated” date of Sync-In’s Terms of Use. Any
changes or modifications will be effective immediately upon posting the updated Sync-In Global Terms
of Use on the Site, and you waive the right to receive specific notice of each such change or modification.

You agree to our Terms by using the Sync-In Global services. By using the Sync-In Global services, you
accept and agree to these Terms. If you are using the Sync-In Global services on behalf of an
organization, then you are agreeing to these Terms for that organization and promising to Sync-In Global
that you have the authority to bind that organization to these Terms (and, in which case, the terms “you”
and “your” or “user” will refer to that organization). The exception to this is if that organization has a
separate written agreement with Sync-In Global covering the use of the Sync-In Global services, in which
case if there are any provisions in these Terms that conflict with that agreement, that agreement will
govern such use.

Whether using the Sync-In Global services as an individual or on behalf of an organization, you
acknowledge that our agreements contained in these Terms are supported by reasonable and valuable
consideration, including, without limitation, your ability to visit, use, submit information to, or receive
information from the Sync-In Global services, the receipt and adequacy of which is hereby acknowledged
by you individually and on behalf of any organization you represent. You also represent that you have the
capacity to be bound by our agreements contained in these Terms, or if you are acting on behalf of a
company or other entity, you have the authority to bind such company or entity.

By using the Sync-In Global services, you agree to receive phone calls and text messages from us and our
partners. By using the Sync-In Global services, you expressly authorize Sync-In Global, its affiliated
companies and its partners (described below), and each such entity’s employees, contractors, and software
(collectively, “Service Provider”) to communicate with you by phone and text at the wireless phone
number provided or any other number that you may provide in the future. You understand that message
and data rates may apply based on the terms of your wireless service provider contract. You also agree

that methods of contact may include the use of auto-generated text messages or an automated telephone
dialing system, even if you’ve registered that number on a Do-Not-Call registry, and that your consent to
text messages and phone calls is not a condition to using any Service Provider’s services. If you do not
consent to receive these texts or calls, do not use the Sync-In Global service or provide your information
to us.

You agree to indemnify Service Provider in full for all claims, expenses, and damages related to or caused
in whole or in part by your failure to notify Service Provider if you change your wireless phone number,
including but not limited to all claims, expenses, and damages related to or arising under the Telephone
Consumer Protection Act (TCPA). You agree to notify Service Provider promptly if you change your
wireless telephone number. You may revoke your consent to receive (i) phone calls by requesting to be
placed on an internal Do Not Call list and (ii) text messages by responding to a text message with STOP.
You understand this authorization cannot be revoked to the extent that action has already been taken in
reliance on this authorization prior to the date Service Provider receives your request to revoke
authorization.

In the event of a dispute between us, we agree to binding arbitration. These Terms contain a binding
arbitration agreement, which provides that you and Sync-In Global agree to resolve certain disputes
through binding individual arbitration and give up any right to have those disputes decided by a judge or a
jury. You have the right to opt-out of our agreement to arbitrate. See the Legal Disputes section below.

The Sync-In Global services are not intended for minors and are intended to be accessed and used only by
adults and are not directed to minors. As stated in our Privacy Policy, we do not knowingly collect
personally identifiable information from anyone under the age of 13, and you should not provide us with
any information regarding any individual under the age of 13. The Sync-In Global services are also only
to be used by citizens and residents of the United States and Canada.

PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED BY YOUR USE
OF THE Sync-In Global SERVICES, THESE TERMS BECOME A BINDING LEGAL
COMMITMENT BETWEEN YOU AND Sync-In Global. IF YOU DO NOT AGREE TO
BE BOUND BY THESE TERMS, YOU SHOULD NOT TEXT OR EMAIL WITH THE
Sync-In Global SERVICES, AND YOU SHOULD NOT USE THE Sync-In Global
SERVICES.

We may revise these Sync-In Global terms of service from time to time. If we do, our revised terms will
supersede prior versions. Unless we provide otherwise, revisions will be effective on and after the date at
the top of the revised terms. If we make any material changes to our terms of service, we will provide
notice to you either here, via the Sync-In Global app, or via text or phone. For non-material changes, we
will update the effective date of our terms of service at the top of this page.
We encourage you to check the effective date of these terms of service whenever you visit our website or

use the Sync-In Global mobile services or Sync-In Global app. Your continued access or use of the Sync-
In Global services constitutes your acceptance of any and all changes, whether material or non-material.
If you do not agree to the changes, you should stop using the Sync-In Global services.

Sync-In Global has the right to change our terms. If we do, we will notify you here or via text or email. If
you keep using our services after the terms change, then you have accepted those changes.

In order to use the Sync-In Global services, you will be asked to provide your mobile phone number and
provide consent for us to contact you via voice call and/or text message, including through the use of
automated calling technology, even if you’ve registered that number on a Do-Not-Call registry. We may
also ask you to provide other information such as your e-mail address or current physical address. You
must provide true, accurate, current, and complete information about yourself as requested during the user
onboarding process. You must keep that information true, accurate, current, and complete after your
initial use of the Sync-In Global services.

If you want to use the Sync-In Global services, you need to give us some information about yourself. The
information you provide to us must be true and kept up to date.

Your right to access and use the Sync-In Global services is personal to you and is not transferable by you
to any other person or entity. You are only entitled to access and use the Sync-In Global services for
lawful purposes and pursuant to these Terms and our Privacy Policy.

You are solely responsible for all use (whether or not authorized) of the Sync-In Global services related to
your mobile phone number, including the quality and integrity of your User Data. You are also solely
responsible for all acts and omissions of anyone who has access to or otherwise uses your mobile phone
number (“end users”). You agree to take all reasonable precautions to prevent unauthorized access to or
use of the Sync-In Global services and will notify us promptly of any unauthorized access or use. We will
not be liable for any loss or damage arising from the unauthorized use of the Sync-In Global services via
your mobile phone number. You also agree not to allow any person under the age of 18 to use the Sync-In
Global services via your mobile phone number.

Sync-In Global makes no guarantees regarding the availability of Sync-In Global services. We will strive
to make the Sync-In Global services available to you, but we make no guarantees regarding the
availability of the Sync-In Global services, generally or at any particular time.

You may use the Sync-In Global services solely in accordance with these terms of service. You may use
the Sync-In Global services, on a non-exclusive basis, solely in connection with and as necessary for your
activities pursuant to these Terms. Any action by you that, in our sole discretion: (i) violates our Terms
and/or our Privacy Policy; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of the Sync-In

Global services; or (iii) through the use of the Sync-In Global services, defames, abuses, harasses,
offends, or threatens, shall not be permitted, and may result in your loss of the right to access and use the
Sync-In Global services. You shall not modify, scrape, embed, or frame the Sync-In Global services
without our prior written permission.

Sync-In Global may discontinue providing the Sync-In Global services to any particular user, group of
users, or all users. Sync-In Global reserves the right to cease providing or discontinuing the Sync-In
Global services to any particular user, any group of users, or all users, in its sole and complete discretion
and without prior notice.

Offers from our service partners and affiliates. Through the Sync-In Global service, you may choose to
connect to third-party service providers. Sync-In Global does not endorse any third-party service
providers. You should investigate any third-party service providers thoroughly and Sync-In Global is not
responsible for any service provider.

Sync-In Global does not endorse and is not responsible or liable for any Content, Service Provider
Content, Promotions, data, advertising, products, goods, or services available or unavailable from, or
through, any Service Providers (which includes, but is not limited to, legal, health care, and wellness
providers). You agree that should you use or rely on such Content, Service Provider Content, Promotions,
data, advertisement, products, goods, or services, available or unavailable from, or through any Service
Provider (which includes, but is not limited to, health care and wellness providers), Sync-In Global is not
responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in
connection with such use or reliance. Your dealings with, or participation in promotions of any Service
Provider (which includes, but is not limited to, health care and wellness providers), and any other terms,
conditions, representations, or warranties associated with such dealings, are between you and such
Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively
and do not involve Sync-In Global. You should make whatever investigation or other resources that you
deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not
limited to, health care and wellness providers).

You agree that Sync-In Global is not responsible for the accessibility or unavailability of any Service
Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions
and dealings with them, waive the right to bring or assert any claim against Sync-In Global relating to any
interactions or dealings with any Service Provider (which includes, but is not limited to, health care and
wellness providers), and release Sync-In Global from any and all liability for or relating to any
interactions or dealings with Service Providers (which includes, but is not limited to, health care and
wellness providers). In addition, you agree that Sync-In Global may exclude Service Providers from
displaying in search results on the Sync-In Global Website for failing to meet particular Sync-In Global
standards regarding Service Provider conduct. In addition, you understand that Sync-In Global may
exclude Service Providers from displaying in search results on the Sync-In Global Website for failing to
meet particular Sync-In Global standards regarding Service Provider conduct and performance.

Sync-In Global may, in its sole discretion, have criminal and/or financial background checks conducted
on certain Service Providers. By having such background checks conducted, Sync-In Global DOES NOT
WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING
WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25
(WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).

HEALTH-RELATED PROVIDERS
The contents of the Sync-In Global Website, such as text, graphics, images, information obtained from
Sync-In’s, and other material contained on the Sync-In Global Website (“Website Content”) are for
informational purposes only. The Website Content is not intended to be a substitute for professional
medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified
health providers with any questions you may have regarding a medical condition. Never disregard
professional medical advice or delay in seeking it because of something you have read on the Sync-In
Global Website.

If you think you may have a medical emergency, call your doctor or 911 immediately. Sync-In Global
does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other
information that may be mentioned on the Website. Sync-In Global is not a health or wellness provider
and cannot recommend or refer you to any health or wellness provider. Reliance on any information
provided by Sync-In Global, Sync-In Global employees, others appearing on the Website at the invitation
of Sync-In Global, or other visitors to the Website is solely at your own risk.

The Website may contain health-related materials that are sexually explicit. If you find these materials
offensive, you may not want to use our Website.

You should be aware that if you post any health-related information about yourself or anyone else on this
Website, you do so at your own risk. If you post Website Content about services rendered to another
individual, you represent that you have the legal authority to receive health information about that
individual related to the Website Content from that individual’s healthcare providers and that you have
the legal authority to further disclose such health information. If you post health-related information, you
will be placing it into the public domain, and it will not be protected by any federal or state laws that
protect the privacy of health information. You also acknowledge that the healthcare or wellness provider
about whom you submit Content may submit Service Provider Content that contains your private or
confidential health information in response to the Content you submit. Sync-In Global is not liable for any
such Service Provider Content. Please see Section 14 (Publication and Distribution of Content) above for
more information about Sync-In’s responsibilities related to Service Provider Content. Except as
otherwise provided in this Agreement, neither Sync-In Global nor any of its users have any legal
obligation to keep your health information confidential if you post it to this Website, and it may be used
for purposes that are unintended by you or Sync-In Global.

Through the Sync-In Global services, Sync-In Global and our partners and affiliates may provide a venue
through which you can obtain information regarding you, upon your request, be connected to third-party
service providers, such as real estate brokers, real estate information services, real estate brokers, and
other companies providing services through our network (“service providers”). We do not endorse or
recommend the products or services of any service provider and are not an agent or advisors to you or any
service provider. We do not validate or investigate the licensing, certification, or other requirements and
qualifications of service providers. It is your responsibility to investigate any service providers before you
engage them. You acknowledge and agree that these service providers are solely responsible for any
services that they may provide to you and that we are not liable for any losses, costs, damages, or claims
in connection with, arising from or related to, your use of a service provider’s products or services. We
urge you to obtain the advice of financial advisors or other qualified professionals who are fully aware of
your individual circumstances before you make any financial decisions. You acknowledge and agree that
you rely on your own judgment and that of such advisors in selecting any products or services offered by
service providers.

Sync-In Global is not a lending institution or other service provider. Sync-In Global is not a direct agent
or lending institution or service provider. Instead, we, through the Sync-In Global services, may help to
connect you with service providers that might meet your needs based on the information provided by you.
Sync-In Global does not, and will not, make any credit decision with any service provider referred to you.
Sync-In Global does not issue real estate or any other financial products. Unless you are a service
provider, Sync-In Global does not charge for its services, we do not charge users a fee to use our Sync-In
Global services. Service providers may pay us fees for services and to be matched with users of the Sync-
In Global services, however. Sync-In Global is not involved with and is not responsible for any fee
arrangement that you may enter into with any service provider.

You release Sync-In Global from liability for your use of a service provider. By using the Sync-In Global
services, you hereby release us of any and all losses, costs, damages, or claims in connection with, arising
from or related to your use of a service provider’s products or services, including any fees charged by a
service provider.

Information you provide to Sync-In Global: If you transmit, submit, or post information to the Sync-In
Global services that are not federally trademarked and/or copyrighted, you automatically grant us and our
assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt,
publish and/or incorporate any or all such information in any media whatsoever, including, without
limitation, the Content (as defined below). If you have obtained prior written permission from us to
transmit, submit or post information to our Services that is federally trademarked and/or copyrighted, you
automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format,
adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without
limitation, the Sync-In Global content.

You shall not transmit, submit or post the following to the Sync-In Global services:

Information that infringes our or any third party’s copyright, patent, trademark, trade secret, or other
proprietary rights;
Information that violates any law, statute, ordinance, or regulation;
Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene,
explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s
rights of publicity or privacy;
Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time
bombs, cancelbots, or other code or computer programming routines that contain contaminating or
destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information;
Information containing or constituting chain letters, mass mailings, political campaigning, or any form of
“spam”;
Information that is false, inaccurate, or misleading;
Commercial advertisements or solicitations without our written permission; or
Federally trademarked and/or copyrighted information without our prior written permission.

We reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions,
submissions, or postings. Under our Privacy Policy, we may review transmissions, submissions, or
postings made by you to determine, in our sole discretion, your compliance with these Terms.

You are solely responsible for all your transmissions, submissions, or postings (i.e., your own user data)
and the consequences of transmitting, submitting, or posting them.

Sync-In’s use of your data: Please read our privacy policy to understand what we do with your data. If
you don’t want your data used that way, stop using our services immediately and unsubscribe from the
Sync-In Global mobile services and web app by texting “STOP” to us.

“user data” consists of data and other information made available to us through the use of the Sync-In
Global services under these terms of service, including, user usage data and user content.

“user usage data” shall mean communications metadata made available to us through the use of the Sync-
In Global services and include, without limitation, data used to trace and identify the source and
destination of a communication, such as individual data subjects’ telephone numbers, data on the location
of the device generated in the context of providing the Sync-In Global services, and the date, time,
duration, and type of communication.

We might have to use or disclose your data for one or more of the reasons below:

If necessary, provide you with Sync-In Global services;
To address technical issues, provide support or maintain our services;
If we need to protect Sync-In Global, other users, or the public;
If there is an emergency; or
If the law requires.

“user content” shall mean content exchanged by means of the use of the Sync-In Global services, such as
text message bodies, voice and video media, images, sound, and other content.

You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will
collect, store, and use your user data. If you do not agree with our Privacy Policy, stop using the Sync-In
Global services immediately.

You instruct us to use and disclose user data as necessary to (a) provide the Sync-In Global services
consistent with our Privacy Policy and these terms of service, including detecting, preventing, and
investigating security incidents, fraud, or unlawful use of the Sync-In Global services; (b) respond to any
technical problems or user queries and ensure the proper working of the Sync-In Global services; (c) to
protect ourselves, our other customers, the public from harm or illegal activities, or the Sync-In Global
services; (d) to respond to an emergency which we believe in, good faith, requires us to disclose user data
to assist in preventing a death or serious bodily injury; or (e) comply with any applicable law, regulation,
legal process or government request.

“Law” means any statute, law, ordinance, regulation, rule, judgment, or order of a government, court, or
tribunal of competent jurisdiction, including, without limitation, any data protection laws, privacy laws,
any laws that require you to obtain consent from a user or provide notice to a user in connection with such
User’s use of any of the Sync-In Global services, any state, federal, and international laws, regulations,
and rules related to the recording or monitoring of telephone calls, SMS messages, or other
communications, the U.S. Foreign Corrupt Practices Act, rules established by the Federal
Communications Commission, any federal or state anti-spam statute or regulation, including the CAN-
SPAM Act of 2003, or any federal or state statute or regulation prohibiting the dissemination of
unsolicited communications, including the Telephone Consumer Protection Act of 1991 (TCPA).

Restrictions and Requirements: Don’t transfer our services or resell them. Don’t use our services to break
the laws, regulations, rules, etc., to violate these terms, or to violate someone else’s rights; Do make sure
that Sync-In Global is allowed to use your data as needed to provide you our services; and Don’t reverse
engineer any software we provide.

If you use the Sync-In Global services, you must comply with the following restrictions and
requirements:

you agree not to transfer, resell, lease, license, or otherwise make available the Sync-In Global services to
third parties or offer them on a standalone basis;
you will ensure that the Sync-In Global services are used in accordance with all applicable Laws and
third-party rights, as well as these Terms; you will ensure that we are entitled to use your User Data, as
needed to provide the Sync-In Global services; you will not use the Sync-In Global services in any
manner that violates any applicable Law; and except as allowed by applicable Law, you will not reverse
engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist
anyone else to create or derive the source code of any software provided in connection with the Sync-In
Global services

Service/Lead Partners: While you are using the Sync-In Global services, we may share with you
opportunities offered by our network of Service/Lead Partners. We are typically compensated by our
Service/Lead Partners for Leads made to them.

Products or services that you may purchase from our Service/Lead Partners are not Sync-In Global
products or services, but, instead, are being offered by third parties.

When you accept a Lead to one of our Service/Lead Partners, you are telling Sync-In Global that it’s okay
for us to give the Service/Lead Partner information about you so that they can offer their products or
services to you.

We may make available through the Sync-In Global services Leads to our third-party partners who may
offer to provide additional products and services to you (each, a “Service/Lead Partner”). We are typically
compensated by our Service/Lead Partners for such Leads. If you, at your sole discretion, choose to
engage with a Service/Lead Partner, then you will be required to accept the Lead Provider’s terms of
service (“Lead Provider’s Terms”) as part of the Lead process. The Lead Provider is solely responsible
for the products or services offered, the content therein, and any claims that you or any other party may
have relating to the Service/Lead Partner’s products and services.

When you accept a Lead to one of our Service/Lead Partners, you acknowledge that you are purchasing
any products or services offered by the Service/Lead Partner directly from them and that Sync-In Global
is not a party to any agreement between you and the Service/Lead Partner with respect to those products
and services; and Sync-In Global is not responsible for that Service/Lead Partner’s products or services,
the content therein, or any claims that you or any other party may have relating to that Service/Lead
Partner’s products and services.

By accepting a Lead to one of our Service/Lead Partners, you grant us permission to share your User Data
with the Service/Lead Partner so that they may offer their products or services to you.

Ownership and Confidentiality: What’s ours is ours, and what’s yours is yours. Please let us know what
you think about our services. If you send us feedback, we can use it, and we don’t owe you anything for
it.

We both agree not to tell anyone else about confidential information that we get from each other. Also,
we both agree to only use each other’s confidential information as agreed to in these terms.

Money alone may not be enough to make either of us whole if one of us breaks our promise of
confidentiality. So, we both can seek other remedies if needed.

As between you and Sync-In Global, we exclusively own and reserve all rights, titles, and interests in and
to the Sync-In Global services and our Confidential Information. As between you and Sync-In Global,
you exclusively own and reserve all rights, titles, and interests in and to your Confidential Information.

We also welcome your feedback about the Sync-In Global services. But please know that by submitting
suggestions or other feedback about the Sync-In Global services (“Suggestions”) you agree that: we are
not under any obligation of confidentiality with respect to the suggestions; we may use or disclose (or
choose not to use or disclose) your Suggestions for any purpose and in any way; you irrevocably, non-
exclusively license us rights to exploit your Suggestions; and you are not entitled to any compensation or
reimbursement for your Suggestions.

“Confidential Information” means any information or data, regardless of whether it is in tangible form,
disclosed by either party that is marked or otherwise designated as confidential or proprietary or that
should otherwise be reasonably understood to be confidential given the nature of the information and the
circumstances surrounding disclosure. Confidential Information does not include any information which:
(a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving
party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the
receiving party, without restriction, by another person without violation of the disclosing party’s rights; or
(d) is independently developed by the receiving party without the use of or reference to the Confidential
Information of the disclosing party.

The receiving party agrees to use the Confidential Information solely in accordance with these Terms and
not to disclose such Confidential Information to any third party without the disclosing party’s prior
written consent, except as otherwise permitted hereunder; provided, however, Sync-In Global may use

and disclose your Confidential Information as necessary to provide the Sync-In Global services, including
making Leads to our Service/Lead Partners. The receiving party agrees to exercise due care in protecting
the Confidential Information from unauthorized use and disclosure. The receiving party may disclose the
Confidential Information in whole or in part to its employees, representatives, actual or potential
investors, and subcontractors who have a need to know and are legally bound to keep such information
confidential consistent with the terms of this provision. The receiving party may disclose the Confidential
Information as required by applicable Law provided that, prior to any such compelled disclosure, the
receiving party will, if permissible: (a) promptly notify the disclosing party in writing to allow the
disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b)
reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining
a protective order narrowing the scope of such disclosure. In the event that such protection against
disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information, but
only as and to the extent necessary to legally comply with such compelled disclosure. The parties
acknowledge that no adequate remedy may exist at law for an actual or threatened breach of this
provision and that, in the event of a breach, the non-breaching party will be entitled to seek immediate
injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each
party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality
obligations set forth in this provision.

Warranty Disclaimer: We are offering the Sync-In Global services “as is” and make no
representations and warranties regarding the Sync-In Global services.

WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND
WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL,
SERVICES, OR SOFTWARE. THE Sync-In Global SERVICES ARE PROVIDED “AS
IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH
DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE, AND
DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM
PERMITTED UNDER SUCH LAW.

Indemnification: Sync-In Global will not pay for any bills, damages, costs, etc. for any claim by you that
arises from your use of our services. You agree to indemnify Sync-In Global against all claims relating to
your use of the Sync-In Global services.

Sync-In Global will have no liability or obligation with respect to any claims, demands, actions, suits, or
discovery demands, including, without limitation, third-party subpoenas, government investigations, or
enforcement actions (“Claim”), and any damages, liabilities, losses, settlements, judgments, costs and
expenses (including, without limitation, reasonable attorney’s fees and costs) (“Losses”) related thereto
arising out of your use of the Sync-In Global services.

You will defend, indemnify, and hold Sync-In Global, its officers, directors, employees, Members,
stockholders, and affiliates (“Sync-In Global Indemnified Parties”) harmless from and against all Claims
brought or threatened by a third party against a Sync-In Global Indemnified Party and any Losses related
thereto alleging or arising out of your breach of or activities under these Terms or your use of the Sync-In
Global services.

As a condition of your foregoing indemnification obligations: (a) Sync-In Global will promptly notify
you of any Claim, provided, however, that the failure to give such notice shall not relieve you of your
obligations hereunder except to the extent that you are actually and materially prejudiced by such failure;
(b) you will have the sole and exclusive authority to defend or settle any such Claim (provided that you
will obtain Sync-In’s consent in connection with any act or forbearance required by Sync-In Global,
which consent will not be unreasonably withheld); and (c) Sync-In Global will reasonably cooperate with
you in connection with your activities hereunder, at your sole expense. You reserve the right, at your own
expense, to participate in the defense of a Claim. You, in connection with a Claim, will pay all Losses
following notice of the Claim. Notwithstanding anything herein to the contrary, you will not settle any
Claims for which you have an obligation to indemnify admitting liability or fault on behalf of Sync-In
Global, nor create any obligation on behalf of Sync-In Global without Sync-In Global’s prior written
consent.

Limitation of Liability: INDIRECT DAMAGES. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY
CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL
OTHER DAMAGES OR LOSSES, EVEN IF A PARTY HAD BEEN ADVISED, KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS
SECTION SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR
BREACH OF THE RESTRICTIONS AND REQUIREMENTS SECTION ABOVE; (B)
EITHER PARTY’S LIABILITY ARISING FROM SUCH PARTY’S BREACH OF THE
CONFIDENTIALITY SECTION ABOVE; OR (C) EITHER PARTY’S
INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS.

DIRECT DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER
PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT DAMAGES, COSTS,
OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY YOU
DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM.
THIS SECTION SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR

BREACH OF SECTION 5 (RESTRICTIONS AND REQUIREMENTS) OR SECTION 10
(FEES, PAYMENT TERMS, AND TAXES); OR (B) EITHER PARTY’S LIABILITY
ARISING FROM SUCH PARTY’S BREACH OF SECTION 11.4 (CONFIDENTIALITY);
OR (C) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO
THESE TERMS. THE PROVISIONS OF THIS SECTION 14 ALLOCATE THE RISKS
PURSUANT TO THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES
HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING
WHETHER TO ENTER INTO THESE TERMS.

Term; Suspension: These terms become effective on the first day that you either click “I Accept” or start
using the Sync-In Global services.

These Terms, as may be updated from time to time, will commence on the date they are accepted by you
either by clicking “I Accept” or your first use of the Sync-In Global services and continue until
terminated as described below (“Term”).

We may suspend the Sync-In Global services immediately upon notice for cause if: (a) you violate (or
give us reason to believe you have violated) these Terms; (b) there is reason to believe the traffic created
from your use of the Sync-In Global services or your use of the Sync-In Global services is fraudulent or
negatively impacting the operating capability of the Sync-In Global services; (c) we determine, in our sole
discretion, that providing the Sync-In Global services is prohibited by applicable Law, or it has become
impractical or unfeasible for any legal or regulatory reason to provide the Sync-In Global services. If we
suspend the Sync-In Global services, we will make a reasonable attempt to notify you prior to the
suspension to the extent we can.

Compliance with Laws:

Both you and Sync-In Global will comply with the applicable Law relating to each of our respective
activities pursuant to these Terms.

No Waiver: Our failure to enforce at any time any provision of these Terms does not waive our right to do
so later. And, if we do expressly waive any provision of these Terms, that does not mean it is waived for
all time in the future. Any waiver must be in writing and signed by you and us to be legally binding.

Assignment: You will not assign or otherwise transfer these Terms, in whole or in part, without our prior
written consent. Any attempt by you to assign, delegate, or transfer these Terms will be null and void.
Subject to this Assignment section, these Terms will be binding on both you and Sync-In Global and each
of our successors and assigns.

Unenforceability: Except as described in the Agreement to Arbitrate section, if any provision of these
Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision
will be limited or eliminated to the minimum extent necessary to make it enforceable and, in any event,
the rest of these Terms will continue in full force and effect.

Notices: Any notice required or permitted to be given under these Terms will be given in writing to the
receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a
nationally recognized carrier, or by email upon confirmation of receipt.
Entire Agreement: Except as provided in these Terms and any attachments to these Terms, these Terms
supersede all prior and contemporaneous proposals, statements, marketing materials, or presentations and
agreements, oral and written. No oral or written information or advice given by Sync-In Global, its
Members, or employees will create a warranty or in any way increase the scope of the warranties in these
Terms. Any purchase order document or similar document provided by you shall be construed solely as
evidence of your internal business processes, and the terms and conditions contained thereon shall be void
and have no effect with regard to these Terms between you and Sync-In Global and be non-binding
against Sync-In Global even if signed by Sync-In Global after the date you accept these Terms.

Force Majeure: No failure, delay, or default in performance of any obligation of a party shall constitute an
event of default or breach of these Terms to the extent that such failure to perform, delay or default arises
out of a cause, existing or future, that is beyond the control and without negligence of such party,
including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor
dispute; flood, a terrorist act; war; riot; theft; earthquake and other natural disasters. The party affected by
such cause shall take all reasonable actions to minimize the consequences of any such cause.

Governing Law and Venue: The enforceability and interpretation of the Agreement to Arbitrate section
below will be determined by the Federal Arbitration Act (including its procedural provisions). Apart from
the arbitration provision, these Terms will be governed by and interpreted according to the laws of the
State of Virginia without regard to conflicts of laws and principles that would cause laws of another
jurisdiction to apply. These Terms will not be governed by the United Nations Convention on Contracts
for the International Sale of Goods. Except as provided in the Arbitration section below, any legal suit,
action, or proceeding arising out of or related to these Terms or the Sync-In Global services shall be
instituted in either the state or federal courts of Virginia, and we each consent to the personal jurisdiction
of these courts.

Agreement to Arbitrate
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can
be resolved that way.

We Both Agree to Arbitrate: If a dispute cannot be resolved through our Customer Support team, you or
any of your affiliates on one hand and Sync-In Global and any of Sync-In’s affiliates on the other hand,
all agree to resolve any dispute relating to these Terms or in relation to the Sync-In Global services by
binding arbitration in Austin, Virginia, or in another location that we have both agreed to.

This applies to all claims under any legal theory unless the claim fits in one of the exceptions below in
Exceptions to Agreement to Arbitrate. It also applies even after you have stopped using the Sync-In
Global services. If we have a dispute about whether this agreement to arbitrate can be enforced or applies
to our dispute, we all agree that the arbitrator will decide that, too.
Pursuant to this Agreement to Arbitrate section, you understand that you and your affiliates and Sync-In
Global and its affiliates are giving up the right to have a judge and/or jury resolve any controversy or
claim arising out of or relating to these Terms or the Sync-In Global services.

Exceptions to Agreement to Arbitrate: You and your affiliates on one hand, and Sync-In Global and its
affiliates on the other hand, agree that we will go to court to resolve disputes relating to yours, your
affiliates’, Sync-In’s, or Sync-In’s affiliates’ intellectual property (e.g., trademarks, trade dress, domain
names, trade secrets, copyrights, or patents).

In addition, if any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a
claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the
claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an
arbitration proceeding is ongoing.

Details of Arbitration Procedure: Prior to filing any arbitration, both parties jointly agree to seek to
resolve any dispute between us by mediation conducted by the American Arbitration Association (AAA),
with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party
may initiate an arbitration proceeding with AAA. You can look at AAA’s rules and procedures on their
website [http://www.adr.org] or you can call them at 1-800-778-7879. The arbitration will be governed by
the then-current version of AAA’s Commercial Arbitration Rules (the “Rules”) and will be held with a
single arbitrator appointed in accordance with the Rules. To the extent anything described in this
Agreement to Arbitrate section conflicts with the Rules, the language of this Agreement to Arbitrate
section applies. Each of us will be entitled to get a copy of non-privileged relevant documents in the
possession or control of the other party and to take a reasonable number of depositions. All such
discoveries will be in accordance with procedures approved by the arbitrator.

This Agreement to Arbitrate section does not alter in any way the statute of limitations that would apply
to any claims or counterclaims asserted by either party. The arbitrator’s award will be based on the
evidence admitted and the substantive law of the State of Virginia and the United States, as applicable,
and will contain an award for each issue and counterclaim. The award will provide in writing the factual
findings and legal reasoning for such an award. The arbitrator will not be entitled to modify these Terms.

Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the
parties. Judgment may be entered in any court of competent jurisdiction.

Class Action Waiver: Both you and your affiliates, on one hand, and Sync-In Global and its affiliates, on
the other hand, agree that any claims or controversies between us must be brought against each other on
an individual basis only. That means neither you nor your affiliates on one hand nor Sync-In Global and
its affiliates on the other hand can bring a claim as a plaintiff or class member in a class action,
consolidated action, or representative action. The arbitrator cannot combine more than one person’s or
entity’s claims into a single case and cannot preside over any consolidated, class, or representative
proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s
case can only impact the person or entity that brought the claim, not other Sync-In Global customers, and
cannot be used to decide other disputes with other customers. If a court decides that this Class Action
Waiver provision is not enforceable or valid, then the entire Agreement to Arbitrate section will be null
and void, but the rest of the Terms will still apply.