BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING OUR SITE AND/OR TEN4 INTELLIGENCE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE.

This Agreement sets forth the terms for your use of the Services and is effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). This Agreement is between Ten4 Intelligence Inc., Ten4 Intelligence web site https://ten4intelligence.com (the “Site”), its affiliated entities (collectively “Ten4 Intelligence” or “we”) and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you”,”your”, “yours”, or “Customer”).

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH, AND SUBJECT TO, SECTION 7. IN ADDITION, PLEASE BE ADVISED THAT TEN4 INTELLIGENCE DOES NOT PROVIDE WARRANTIES FOR THE SITE AND/OR CONTENT AND THESE TERMS LIMIT OUR LIABILITY TO YOU.

Ten4 Intelligence reserves the right to modify this Agreement at any time for any reason. If we make changes, we will notify you by revising the date at the top of this Agreement and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). It is your responsibility to regularly visit and review this Agreement. If you do not agree to any updates or modifications to this Agreement, simply do not use or access the Site (or any part thereof).

YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE AGREEMENT PERIODICALLY FOR UPDATES. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT ACCESS OR OTHERWISE USE OUR WEBSITE OR SERVICES.

You must be at least eighteen (18) years of age to access the Site and use the Services provided by Ten4 Intelligence. By agreeing to this Agreement, you represent and warrant to Ten4 Intelligence: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or prohibited from accessing the Site; and (iii) that your registration and your use of the Site and the Services provided by Ten4 Intelligence is in compliance with any and all applicable laws and regulations. If you are accessing the Site or using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree on behalf of such organization that it shall be bound by this Agreement.

Ten4 Intelligence reserves the right, in its sole discretion, to terminate and/or suspend your access to the Site or/and any Services or any portion thereof at any time, for any reason, without notice. Ten4 Intelligence also reserves the right to modify or discontinue any Services at any time (including by limiting or discontinuing certain features) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may terminate this Agreement at any time by ceasing use of the Site and/or any Services provided by Ten4 Intelligence. Upon any termination of the Agreement, you must immediately cease all access to the Site and the use of any Services, and destroy all copies, full or partial, of the Application.

You will indemnify, defend and hold Ten4 Intelligence, its affiliated entities and their respective members, managers, officers, directors, employees, agents, contractors, attorneys, representatives, successors and assigns (each, an “Indemnified Party” and collectively, the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, liabilities or expenses including, without limitation, attorneys’ and experts’ fees and costs incurred in connection with any judicial or non-judicial third-party claim, demand or action (each, a “Claim”): (a) arising out of or allegedly arising out of (i) your use of the Site (ii) your breach of this Agreement, (iii) material submitted to Ten4 Intelligence for use in providing the Services, including, but not limited to, any claim that the use of your material infringes upon or violates any Intellectual Property Right of any third party or is inaccurate or misleading in any respect, (iv) your negligence or willful misconduct, or (v) your violation of or failure to comply with any applicable law, regulation or government agency guideline, including without limitation any federal or state privacy or consumer protection laws, demanding compensation or benefits, or pursuing any employment-related Claim, by any of your employees or contractors. Ten4 Intelligence may, but shall not be obligated to, participate in the defense of any Claim. You will not settle any Claim against an Indemnified Party without Ten4 Intelligence’s prior written consent. In the event of a Claim against an Indemnified Party, Ten4 Intelligence may terminate this Agreement, any registration, account or Subscription without any liability of any kind or nature whatsoever. In no event shall the total liability of Ten4 Intelligence to you for all damages, losses, and causes of action arising from this Agreement exceed the sum of all payments made to Ten4 Intelligence for Services as defined in this Agreement. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Services.

We have put in place reasonable physical, technical, and administrative security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed, but no security measures are perfect; the risk of a data breach is possible, by using Ten4 Intelligence Services, you understand and assume the risks associated with your activities on the internet.

WITHOUT LIMITING THE FOREGOING IN ANY WAY, WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER: (A) REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF OUR SERVICES; (B) THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; OR (C) REGARDING THE QUALITY, QUALIFICATIONS, SUITABILITY, SAFETY, ACCIDENT HISTORY, VEHICLE HISTORY, CRIMINAL OR CIVIL LIABILITY HISTORY, IDENTITY, CREDITWORTHINESS OR EXPERIENCE OF ANY OF THE USERS OF OUR SERVICES OR OTHER THIRD PARTIES. IN ADDITION, BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT, AND HAVE NO DUTY TO, CONDUCT ANY INVESTIGATIONS OR EVALUATIONS RELATING TO ANY OF THE FOREGOING. YOU FULLY AND COMPLETELY ASSUME ALL RISK OF USING THE SERVICES AND ANY CONTENT, MATERIALS OR INFORMATION PROVIDED TO YOU BY US OR ANY OTHER USER OF THE SERVICES.

NEITHER WE NOR ANY OTHER PARTY INVOLVED IN THE CREATION, DISTRIBUTION OR DISPLAY OF THE SERVICES OR ANY OTHER MATERIALS OR INFORMATION PROVIDED TO YOU BY US (COLLECTIVELY, “SUPPLIERS”) IS LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR THAT RESULT FROM: (A) YOUR USE, INABILITY TO ACCESS OR USE OR RELIANCE ON THE SERVICES OR ANY OTHER MATERIALS PROVIDED TO YOU BY US, EVEN IN THE EVENT OF OUR NEGLIGENCE; OR (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL SERVICES AND ANY OTHER MATERIALS OR INFORMATION PROVIDED TO YOU BY US ARE DELIVERED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ABILITY TO MEET YOUR NEEDS OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR ANY OF THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR DAMAGE YOUR HARDWARE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESSING, BROWSING OR USING THE SERVICES, DOWNLOADING INFORMATION OR PRINTING INFORMATION FROM THE SERVICES.

Governing Law. These Terms will be governed by the laws of the State of Florida, United States of America without giving effect to any conflict of laws principles.

Dispute Resolution. You and Ten4 Intelligence shall use best efforts to resolve any and all Claims and disputes arising under this Agreement, first through good faith negotiations and without initially resorting to litigation or other similar proceedings; provided, however, that either you or Ten4 Intelligence shall be entitled to: (i) seek injunctive relief in any court of competent jurisdiction to avoid irreparable harm for breach of this Agreement; or (ii) commence litigation in the venue set below to avoid a Claim being barred by an applicable statute of limitations, without first attempting to resolve such Claim or dispute through good faith negotiations or mediation. If you and Ten4 Intelligence are unable to resolve any Claim or dispute via good faith negotiations, then you and Ten4 Intelligence shall, prior to commencement of any legal action or suit, participate in non­binding mediation proceedings, with a mediator chosen jointly by you and Ten4 Intelligence and with the costs of mediation divided equally between you and Ten4 Intelligence. Should mediation not result in a mutually acceptable agreement and resolution of the Claim, then the claiming party shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either at law or in equity, to obtain damages for breach of this Agreement. Notwithstanding the foregoing, neither party shall be prevented from seeking an injunction at any time.

Venue. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Ten4 Intelligence agree that any judicial proceeding will be brought in the federal or state courts of Miami-Dade County, Florida, and the parties consent to venue and personal jurisdiction in such courts.

Attorney’s Fees. If any legal action arises under this Agreement or by reason of any asserted breach of it, then the prevailing party in such action shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred in such action. The amount of attorneys’ fees shall be determined by the court sitting without a jury.

No Class Actions. You may only resolve disputes with Ten4 Intelligence on an individual basis, and may not bring a Claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under these terms.

Waiver of Jury Trial. You and Ten4 Intelligence each waives, irrevocably and unconditionally, any and all right to trial by jury in any action brought on, under, or by virtue of, or relating in any way to this Agreement, or any claims, defenses, rights of set-off or other actions pertaining to this Agreement or to any of the foregoing.

Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Ten4 Intelligence Services must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.

Entire Agreement. This Agreement, together with the Ten4 Intelligence Privacy Policy and any other applicable policies and guidelines, constitute the entire agreement between you and Ten4 Intelligence with respect to the subject matter contained in this Agreement.

Waiver. You agree that if Ten4 Intelligence does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Ten4 Intelligence has the benefit of under any applicable law), this will not be taken to be a formal waiver of Ten4 Intelligence's rights and that those rights or remedies will still be available to Ten4 Intelligence. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

Our referral program allows you to receive bonus credits toward your account balance. If you participate in the referral program you agree to the following conditions:

• You will only receive a referral bonus if the referred person/company becomes a paid member within 30 days of the invitation email sent (after 30 days you can invite the same person/company again to be eligible for the referral bonus)
• The referral bonus is not refundable; the credits can only be used for plan subscriptions within our platform.
• If your account has been terminated due to any reason, you will forgo the balance of your account.
• The maximum amount of bonus credit for a single account is $1,000

If you have questions about this Agreement please contact us at support@ten4intelligence.com.