TERMS OF USE AGREEMENT

Effective Date: March 28, 2025

1. Introduction

Welcome to https://www.penatechnologies.com (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Pena Holdings LLC, doing business as Pena Technologies ("Company," "we," "us," "our"), a company registered in Texas, United States at 5900 Balcones Dr Ste 100, Austin, TX 78731. This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website, as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").

You can contact us by phone at 888-692-0435, email at [email protected], or by mail to 5900 Balcones Dr Ste 100, Austin, TX 78731, United States.

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent ("you"). You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1.2 Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be: (i) at least 18 years old, and (ii) not a competitor of or using the Services for purposes that are competitive with the Company. Persons under the age of 18 are not permitted to use or register for the Services.

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

1.3 Changes to this Agreement

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. The Company reserves the right to change this Agreement from time to time in its sole discretion. We will alert you about any changes by updating the "Effective Date" of this Agreement, and you waive any right to receive specific notice of each such change. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Services after the date such revised Agreement is posted. We recommend that you print a copy of this Agreement for your records.

2. Access to the Services

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

2.2 Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated registration information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service (e.g., via Social Media login), you grant us permission to access and use your information from such service as permitted by that service and to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://www.penatechnologies.com/privacy-policy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

2.3 Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

2.4 Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement. (See also Section 14, Term and Termination).

3. Policy for Using the Services

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Furthermore, the Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

3.2 Prohibited Activities

As a user of the Services, you agree not to engage in any of the following prohibited activities in connection with using the Services:

a.

No Violation of Laws or Obligations.

Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations. Use the Services in a manner inconsistent with any applicable laws or regulations. b.

No Unsolicited Communications.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise. Make improper use of our support services or submit false reports of abuse or misconduct. c.

No Impersonation.

Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others. Attempt to impersonate another user or person or use the username of another user. Create user accounts by automated means or under false pretenses. d.

No Harming of Minors.

Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information. e.

Compliance with Content Standards.

Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement (Section 7.3). f.

No Interference with Others' Enjoyment.

Harass, annoy, intimidate, threaten, abuse, or harm another person, including any of our employees or agents engaged in providing any portion of the Services to you. Use any information obtained from the Services in order to harass, abuse, or harm another person. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. g.

No Interference or Disabling of the Services.

Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Services. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. h.

No Monitoring or Copying Material.

Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Engage in unauthorized framing of or linking to the Services. i.

No Viruses, Worms, or Other Damaging Software.

Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). j.

No Unauthorized Access or Violation of Security.

Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services. k.

No Reverse Engineering.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. l.

No Collecting User Data.

Collect, harvest, or assemble any data or information regarding any other user without their consent, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email. m.

No Other Interference.

Otherwise attempt to interfere with the proper working of the Services. Delete the copyright or other proprietary rights notice from any Content. n.

No Unauthorized Commercial Use.

Use a buying agent or purchasing agent to make purchases on the Services. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not specifically endorsed or approved by us. Sell or otherwise transfer your profile. Make any unauthorized use of the Services. o.

Attempt or Assist Others in Attempting.

Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

3.3 Geographic Restrictions

The Company is based in the United States of America, in the State of Texas. The Services are intended for users located primarily in the United States. By choosing to access the Services from other locations, you do so on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

4. Terms and Conditions of Sale

4.1 Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process may include these steps:

a. Selecting services and proceeding to checkout (potentially via a third-party merchant). b. Providing contact details and selecting a payment method. c. Carefully reviewing the order details, including price, taxes, and any additional fees. d. Confirming and submitting the order, thereby accepting these Terms and committing to pay the agreed-upon price.

4.2 Order Submission

When you submit an order, the following applies:

a. The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page. b. In case the purchased Services requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly. c. Upon submission of the order, users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

4.3 Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that you will be charged. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

4.4 Methods of Payment

Information related to accepted payment methods (which may include Visa, Mastercard, American Express, Discover, etc.) are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. All payments are independently processed through third-party services (e.g., Stripe). Therefore, the Website does not collect or store full payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

4.5 Retention of Usage Rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

5. Contract Duration (Subscriptions)

5.1 Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

5.2 Fixed-term Subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

5.3 Automatic Renewal

Unless otherwise specified, subscriptions are automatically renewed through the payment method that you chose during purchase, unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or the Website. The renewed subscription will last for a period equal to the original term. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal, where required by applicable law.

5.4 Termination / Cancellation

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document ([email protected]), or — if applicable — by using the corresponding controls inside the Services.

5.5 Termination Notice / Effective Date of Cancellation

If the notice of termination is received by the Company before the subscription renews, the termination shall take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].

5.6 Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

6. Intellectual Property Rights

6.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics - collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are owned by the Company, its licensors, or other providers of such material. The Content and Marks are protected by U.S. and international copyright, trademark, and other intellectual property or proprietary rights laws and treaties. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights, except for the limited license granted below. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

6.2 License to Use the Services

Subject to your compliance with this Agreement, including the "Prohibited Activities" section (3.2), during the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

access the Services; anddownload or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use or internal business purpose. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

6.3 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

a.

No Copying or Distribution.

Except as set out in Section 6.2 or elsewhere in this Agreement, you shall not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Content or Marks in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you. b.

No Modifications.

You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content. c.

No Exploitation.

You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part, for any commercial purpose whatsoever, without our express prior written permission. d.

No Altering of Notices.

You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible. e.

No Competition.

You shall not access or use the Content in order to build a similar or competitive website, product, or service. f.

Systematic Retrieval.

You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services without written permission from us.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Agreement, please address your request to: [email protected]. Any breach of these Intellectual Property Rights will constitute a material breach of this Agreement and your right to use our Services will terminate immediately.

6.4 Trademark Notice

All trademarks, logos, and service marks (the "Marks") displayed on the Services are either the Company's property or the property of third parties. You may not use such Marks without the prior written consent of their respective owners.

7. User Content and Submissions

7.1 User Generated Content ("Contributions")

The Services may contain message boards, chatrooms, profiles, forums, blogs, and other interactive features that allow users to post, upload, submit, publish, display, transmit, perform, create, distribute, or broadcast content or materials (collectively, "Contributions") on or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material. Contributions may be viewable by other users of the Services and possibly through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

You are solely responsible for your Contributions. Please consider carefully what you choose to share. All Contributions must comply with the Content Standards set forth below (Section 7.3). You assume all risks associated with the use of your Contributions. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your Contributions that personally identifies you or any third party. You agree that the Company shall not be responsible or liable to any third party for any Contributions posted by you or any other user of the Services.

You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.

7.2 Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Any Submission that is publicly posted shall also be treated as a Contribution.

7.3 License to Contributions and Submissions

By posting Contributions or sending Submissions, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions and Submissions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions and Submissions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and Submissions, and you warrant that moral rights have not otherwise been asserted in your Contributions and Submissions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.

7.4 Content Standards and User Responsibility

You agree not to send, knowingly receive, upload, transmit, display, or distribute any Contribution or Submission that does not comply with the following standards ("Content Standards"). Contributions and Submissions must not:

a.

Violate Laws or Obligations.

Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations. b.

Promote Illegal Activity or Harm to Others.

Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property. c.

Infringe Intellectual Property Rights.

Infringe any copyright, patent, trademark, trade secret, moral right, or other intellectual property rights of any third party. You warrant that any such Contributions/Submissions are original to you or that you have the necessary rights and licenses to submit them and grant us the above rights. d.

Defamatory, Abusive, or Otherwise Objectionable Material.

Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another's privacy or publicity rights, abusive, threatening, harassing, hateful, harmful, violent, obscene, lewd, lascivious, filthy, bullying, discriminatory, sexually explicit, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable (as determined by us). This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person. Your Contributions must not ridicule, mock, disparage, intimidate, or abuse anyone. e.

Promotion of Sexually Explicit Material or Discrimination.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, national origin, gender, sexual preference, disability, age, or physical handicap. f.

Fraudulent Information or Impersonation.

Contain any information or material that is false, inaccurate, intentionally misleading, deceitful, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization. g.

Endorsement by the Company.

Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case. h.

Confidential Information.

Your Contributions and/or Submissions must not constitute confidential information. i.

Harassment/Threats.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. j.

Child Protection.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. k.

Solicitation.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. l.

Linking.

Your Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.

You are solely responsible for your Contributions and Submissions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions/Submissions. You expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

7.5 Monitoring and Enforcement

We reserve the right at all times, but are not obligated, to:

a. Take any action with respect to any Contribution/Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution/Submission violates the Content Standards or any other provision in this Agreement, creates liability for the Company or any other person, or is harmful. Such action may include reporting you to law enforcement authorities. b. Remove, edit, redact, or reject any Contribution/Submission for any or no reason in our sole discretion, without notice. This includes re-categorizing Contributions to place them in more appropriate locations. c. Disclose any Contribution/Submission, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person. d. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement. (See also Section 12, Services Management).

We do not undertake to review Contributions/Submissions before they are posted on or through the Services, and therefore cannot ensure prompt removal of questionable material. Accordingly, the Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

8. Copyright Infringement (Digital Millennium Copyright Act Policy)

The Company respects the intellectual property rights of others and expects users of the Services to do the same. It is the Company's policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that any material available on or through the Services infringes upon any copyright you own or control and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512(c)(3) to our designated copyright agent (a "Notification"):

a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; d. Your contact information, including your 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 by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please note that pursuant to 17 U.S.C. § 512(f), any material misrepresentation of fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

Counter Notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

a. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; b. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located (which includes Bexar County, Texas); c. A statement that you will accept service of process from the party that filed the Notification or the party's agent; d. Your name, address, and telephone number; e. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and f. Your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material within 10-14 business days, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Designated copyright agent for the Company: Sergio Peña Attn: Copyright Agent 5900 Balcones Dr, Ste 100 Austin, TX 78731 United States [email protected]

9. Feedback to the Company

If you provide the Company with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

10. Social Media and Third-Party Accounts

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

11. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this Agreement no longer governs. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. Privacy Policy

We care about data privacy and security. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy:

https://www.penatechnologies.com/privacy-policy

. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by us and our affiliates.

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. Term and Termination

14.1 Termination

This Agreement shall remain in full force and effect while you use the Services. The Company may suspend or terminate your access or rights to use the Services (including blocking certain IP addresses) at any time, for any reason or for no reason, in our sole discretion, and without notice or liability, including without limitation for breach of any representation, warranty, or covenant contained in this Agreement or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.

14.2 Effect of Termination

Upon termination of this Agreement, your right to access and use the Services will immediately cease, and any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions (Section 6), User Content licenses (Section 7.3), Feedback (Section 9), warranty disclaimers (Section 15), limitations of liability (Section 16), indemnification (Section 17), and dispute resolution provisions (Section 18). Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your Contributions associated with your account from our databases. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your Contributions.

15. No Warranty / Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

16. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (B) ONE HUNDRED DOLLARS ($100.00).

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, subsidiaries, and their respective officers, directors, employees, agents, partners, successors, and permitted assigns (collectively, "Indemnified Party") from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys' fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to: (1) your Contributions or Submissions; (2) your use or misuse of the Services; (3) your breach of this Agreement; (4) any breach of your representations and warranties set forth in this Agreement; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate, at your expense, with our defense or settlement of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. Disputes

18.1 Governing Law

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, applicable to agreements made and to be entirely performed within the State of Texas, without giving effect to any conflict of law principles. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this Agreement.

18.2 Dispute Resolution and Mandatory Arbitration

BY USING ANY OF OUR SERVICES, YOU EXPRESSLY AGREE THAT YOU WILL RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY LAWSUIT AGAINST THE COMPANY IN COURT.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") SHALL BE SETTLED BY BINDING ARBITRATION administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and not in a court of law. The arbitration shall take place in Bexar County, Texas, United States. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the AAA.

The arbitrator's award shall be final and binding on all parties and may be entered and enforced in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys' fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacity and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the AAA, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in the state and federal courts located in Bexar County, Texas. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts for such severed claims.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

18.3 Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

19. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. SMS/Text Messages

22.1 SMS Program Description

Our SMS program provides text messages which may include appointment reminders, events, receipts, customer service updates, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our services.

22.2 Opting Out

You can cancel the SMS service at any time. Simply text "STOP" to the number or shortcode from which you are receiving messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us for that program. To rejoin, sign up as you did initially, or text "START" to resume receiving messages.

22.3 Help and Support

If you experience issues with the messaging program or need assistance regarding our SMS communications, reply with the keyword "HELP" for more assistance, or email us at [email protected] or call at 888-692-0435.

22.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

22.5 Message and Data Rates

Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

22.6 Recurring Messages Disclosure

By opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide. Depending on your service selection, you may receive regular recurring messages. You are not required to agree to receive recurring messages as a condition of purchasing any goods or services.

22.7 Prohibited Content

Our SMS messages will comply with applicable laws and carrier requirements and will not contain prohibited content such as phishing attempts, illegal content, or content related to SHAFT (sex, hate, alcohol, firearms, and tobacco) unless compliant with all regulations.

22.8 SMS Opt-In Data Protection

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes via SMS unless you have explicitly consented.

22.9 Privacy for SMS Services

For privacy-related inquiries regarding our SMS service, please refer to our Privacy Policy:

https://www.penatechnologies.com/privacy-policy

.

23. AI Technologies and Services

(Note: This section mirrors the structure and intent of Section 13 in the lawyer-verified content, adapted for Pena Technologies)

23.1 AI-Powered Features

Our Services may include or incorporate artificial intelligence ("AI") technologies, including but not limited to AI-powered text and voice agents, automated content features, AI-enhanced analytics, AI-driven quality assurance systems, natural language processing, voice recognition, and speech-to-text conversion.

23.2 Your Interactions with AI Systems

By using our AI-powered features, you acknowledge and agree that you may be interacting with automated AI systems, that AI-generated responses are algorithmic, and that AI systems may analyze your data to personalize services. We aim to disclose when you are interacting with AI versus a human and provide options for human intervention where feasible.

23.3 Data Collection for AI Systems

Our AI systems collect and process data from your interactions (text, voice, usage patterns, content created, technical info) subject to our Privacy Policy.

23.4 AI Training and Improvement

You acknowledge we may use interaction data (anonymized/aggregated where possible) to train and improve our AI systems, subject to security measures and your right to opt-out by contacting [email protected]. We will not use your confidential business information for general AI training without explicit consent.

23.5 AI-Generated Content

We do not guarantee the accuracy or suitability of AI-generated content. You are responsible for reviewing and verifying it. It is not professional advice. We reserve the right to monitor and moderate AI content.

23.6 AI Voice Technologies

Voice recordings may be processed for service provision and improvement. You will be notified before recording. Data may be transcribed. Security measures are implemented. You can request deletion via [email protected].

23.7 Intellectual Property for AI-Generated Content

The Company retains rights in the AI systems. You receive a non-exclusive, worldwide, royalty-free license to use content generated by our AI based on your inputs for your business purposes. You may not claim ownership of the underlying AI. You are responsible for ensuring your use doesn't infringe third-party rights.

23.8 AI Usage Limitations

You agree not to use our AI for generating prohibited content, creating deepfakes without disclosure, impersonation, spamming, harmful testing, extracting proprietary info, or developing competing services.

23.9 Transparency and Human Oversight

We commit to responsible AI use, including disclosure, human oversight, bias testing, security, and mechanisms for reporting concerns or requesting human review.

23.10 Changes to AI Technologies

AI features may be modified, updated, or discontinued. Data processing methods may change. We will notify you of significant changes.

23.11 Third-Party AI Technologies

Some features may use third-party AI. Your data may be subject to their terms. We contractually require data protection but are not responsible for third-party provider issues.

23.12 Assumption of Risk for AI Technologies

You accept that AI may have errors or limitations and produce inaccurate outputs. Use of AI features and content is at your own risk.

24. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. Miscellaneous

25.1 Waiver

Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

25.2 Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. That provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

25.3 Entire Agreement

This Agreement, together with our Privacy Policy and any policies or operating rules posted by us on the Services or in respect to the Services, constitutes the entire agreement and understanding between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

25.4 Headings

Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.

25.5 No Agency, Partnership or Joint Venture

No agency, partnership, joint venture, or employment relationship has been created between you and the Company as a result of this Agreement or use of the Services. You do not have any authority of any kind to bind the Company in any respect whatsoever. You agree that this Agreement will not be construed against us by virtue of having drafted them.

25.6 Assignment

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate any or all of its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

25.7 Export Laws

The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials or Content from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.

25.8 Force Majeure

The Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts beyond the Company's reasonable control, including, without limitation: acts of God; flood, fire, earthquake, explosion, or other natural disaster; epidemic or pandemic; war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; government order, law, or actions; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; shortage of adequate power or telecommunications or transportation facilities; or any other similar events or cause beyond our reasonable control.

25.9 Compliance with Laws

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services.

25.10 No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, 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.

25.11 Waiver of Defenses

You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

26. Additional Protections and Liability Waivers

(Incorporating intent from Section 21 of lawyer-verified content)

26.1 Data Security Standards

The Company implements reasonable security measures designed to protect your personal information. However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

26.2 Service Level Commitment

While the Company strives to maintain high availability of the Services, we do not guarantee uninterrupted access and shall not be liable for any downtime or service interruptions. (See also Section 15, No Warranty).

26.3 Refund Policy

Unless otherwise specified at the time of purchase or required by applicable law, all sales are final and non-refundable. In cases where a refund is granted at the Company's sole discretion, the refund will typically be issued using the original payment method.

26.4 Account Information Updates

You are responsible for promptly updating your account information if there are any changes to your contact information or billing information.

26.5 Reservation of Rights

All rights not expressly granted to you in this Agreement are reserved by the Company.

26.6 Waiver of Right to Sue / Covenant Not to Sue

BY USING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO SUE THE COMPANY IN COURT OR PARTICIPATE IN A CLASS ACTION LAWSUIT.

You understand and agree that all disputes will be resolved exclusively through binding arbitration as described in Section 18.2. You covenant and agree that you will not sue or file any action, claim, or legal proceeding against the Company or its employees, officers, directors, affiliates, or agents in any court for any claims arising out of or in connection with your use of the Services, this Agreement, or any other matter related to the Company's products or services, except as explicitly permitted for severed claims under Section 18.2.

26.7 Protection Against Vexatious Litigation

You agree not to bring, participate in, or support any vexatious, frivolous, or predatory litigation against the Company. Any attempt to circumvent the arbitration provision through such litigation shall entitle the Company to recover all legal costs, attorney's fees, and expenses associated with defending against such actions, regardless of the outcome.

26.8 Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

27. Contact Information

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Pena Holdings LLC, d.b.a. Pena Technologies 5900 Balcones Dr Ste 100 Austin, TX 78731 United States Phone: 888-692-0435 Email: [email protected]

Last Updated: March 28, 2025