Intelligate’s Terms and Condition

I. Introduction

This document outlines the terms and conditions governing the access to and use of the Intelligate platform, a
Software as a Service (SaaS) solution provided by Intelligate. This agreement sets forth the rules and guidelines
under which Intelligate offers its services, and the user receives and utilizes these services. By accessing or
using the Intelligate platform, the Customer acknowledges that they have read, understood, and agree to be
bound by these Terms of Service. These terms constitute a legally binding agreement between the Customer and
Intelligate, effective from the moment the Customer accesses or uses the Service. If an individual is accepting
these Terms on behalf of an entity, that entity is the Customer, and the individual represents that they have the
legal capacity and authority to enter into this agreement on the entity’s behalf.

Intelligate is a SaaS platform designed to provide services like driver self-registration, centralized yard control, yard automation, yard asset management, shunter and handler operations, QA & security operations, and seamless system integration. The specific features and functionalities available to the Customer will depend on the subscription plan chosen and detailed in the applicable Order Form or pricing schedule provided by Intelligate. This agreement serves as the foundational document governing the relationship between Intelligate and its Customers, ensuring a clear understanding of the rights and obligations of both parties.

II. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

• Service: Refers to the cloud-based software application(s) and related services offered by Intelligate
  specifically those that are ordered by and paid for by the Customer. The Service is accessible online and
  provides yard and gate management functionalities without requiring local installation or maintenance.
• Customer Data: Means all electronic data, information, and content in any form or medium that is submitted,
  posted, uploaded, or otherwise transmitted by or on behalf of the Customer or its Authorized Users to
  the Service. This excludes any aggregated or anonymized data generated from the use of the Service.
• User: Refers to an individual (e.g., employee, contractor, or agent of the Customer) who is authorized by the
  Customer (or by Intelligate through an administrator) to access and use the Service. Access typically requires
  completion of a registration process and the use of unique login credentials.
• Order Form: Means a written or electronic document (e.g., a form provided by Intelligate or a purchase order
  submitted by the Customer) that is executed or otherwise agreed upon by both Intelligate and the Customer.
  The Order Form details the specific Services, subscription plan, number of Users, usage limitations, fees, and the Subscription Term
  purchased by the Customer.
• Subscription Term: Means the duration of the Customer’s subscription to the Service, as specified in the
  applicable Order Form. This term typically commences on a start date outlined in the Order Form and
  continues for a defined period (e.g., monthly, annually), often with provisions for automatic renewal unless cancelled by either party.

III. Use of the Service

(a) License Grant

Subject to the Customer’s compliance with all terms and conditions of this Agreement and the payment of
applicable fees, Intelligate grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service solely for the Customer’s internal business purposes during the Subscription Term. This license extends to the use of any software, platform, and documentation provided by
Intelligate as part of the Service. The number of authorized Users and the scope of usage will be as specified in the Order Form. Intelligate retains all ownership of the platform, the software, and all underlying technology and intellectual property rights associated with the Service. The license granted to the Customer does not convey any rights to modify, distribute, or create derivative works of the Service except as expressly permitted in this Agreement.

(b) User Accounts

The Customer is responsible for managing its User accounts within the Intelligate platform. This includes the designation of authorized Users, the assignment of appropriate access roles and permissions, and the monitoring of User activity to ensure compliance with this Agreement. The Customer must ensure that all Users maintain the confidentiality and security of their login credentials, including usernames and passwords, and must take all reasonable precautions to prevent unauthorized access to their accounts. The Customer agrees to promptly notify Intelligate of any known or suspected unauthorized access to or use of their accounts or any breach of security related to the Service. The Customer acknowledges that they are responsible for all actions and omissions of their Authorized Users in connection with the use of the Service, and any such action or omission
that would constitute a breach of this Agreement if taken by the Customer will be deemed a breach by the Customer.

(c) Customer Responsibilities

The Customer is responsible for complying with all the terms and conditions outlined in this Agreement, as well as any usage policies or guidelines provided by Intelligate. The Customer must ensure that all Customer Data submitted to the Service is accurate, complete, and complies with all applicable laws, regulations, and third-party rights, including but not limited to data privacy laws and intellectual property rights. The Customer is also responsible for preventing unauthorized access to the Service through their accounts and for ensuring that their use of the platform does not infringe upon the rights of any third parties or violate any applicable laws or regulations. This includes using the Service in a lawful and ethical manner, avoiding any activities that could be harmful, disruptive, or offensive to other users or to the integrity of the Intelligate platform.

(d) Restrictions

Customers are restricted from engaging in certain activities while using the Intelligate Service. These restrictions
include, but are not limited to:

Sublicensing, selling, reselling, renting, leasing, or otherwise distributing the Service or any portion thereof
to any third party, except as expressly permitted in a separate agreement with Intelligate modifying, adapting,
translating, or creating derivative works based upon the Service or its documentation, in whole or in part
reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying
algorithms of the Service, except to the extent expressly permitted by applicable law using the Service for
any unlawful purpose or in violation of any applicable laws, regulations, or third-party rights, including but not
limited to those related to privacy, intellectual property, and data protection interfering with or disrupting the
integrity, security, or performance of the Service or the data contained therein, or attempting to gain
unauthorized access to any part of the Service or its related systems or networks using the Service to
develop or market any product or service that competes with Intelligate and uploading or transmitting any
content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable. These
restrictions are in place to protect Intelligate intellectual property, maintain the security and integrity of the
platform, and ensure a positive and compliant environment for all users.

IV. Fees and Payment

(a) Fees

The fees applicable to the Customer’s subscription to and use of the Intelligate Service will be as specified in the
Order Form or pricing schedule provided by Intelligate. Unless explicitly stated otherwise in the Agreement or the
Order Form, subscription fees are billed in advance for the duration of the Subscription Term (e.g., monthly,
annually). These fees are generally non-refundable, except in cases expressly provided for in this Agreement,
such as termination by the Customer for Intelligate uncured material breach. The terms governing the cancellation
of subscriptions, including any notice periods or cancellation fees, will be outlined in the Order Form or separate
agreement. Similarly, any changes to the purchased quantities of the Service, such as increasing or decreasing
the number of authorized Users or the scope of features, may be subject to specific policies and fee adjustments
as detailed by Intelligate.

(b) Invoicing and Payment

Intelligate will issue invoices to the Customer for the applicable fees based on the invoicing schedule specified in
the Order Form, which is typically monthly or annually. Unless otherwise stated in the Order Form, undisputed
fees are due and payable by the Customer within thirty days from the date of the invoice. The Customer is
responsible for providing accurate and up-to-date billing information to Intelligate, including their legal name,
billing address, email address for invoicing, and preferred payment method details. Intelligate accepts payments
via various methods, which will be specified in the invoicing terms or on the Intelligate platform (e.g., credit card,
bank transfer). It is the Customer’s responsibility to ensure that Intelligate has valid and sufficient payment
information on file for the duration of the Subscription Term.

(c) Overdue Charges

In the event that any invoiced amount is not received by Intelligate by the specified payment due date, Intelligate
reserves the right to impose overdue charges. These charges may include interest on the outstanding balance,
calculated from the due date until the date of payment. The Customer may also be held responsible for any
reasonable costs incurred by Intelligate in its efforts to collect overdue amounts, including but not limited to
collection agency fees or legal expenses.

(d) Suspension of Service

Intelligate reserves the right to suspend the Customer’s access to all or any part of the Service in the event of
non-payment of fees. If any amount due from the Customer remains unpaid for a period of thirty days or more
after the payment due date, Intelligate may, at its sole discretion and without limiting its other rights and
remedies, suspend the Customer’s access to the Service until the outstanding balance is paid in full. Unless legally
prohibited, Intelligate will typically provide the Customer with a written notice of non-payment and the intent to
suspend services, allowing a grace period of ten days from the date of the notice for the Customer to remit the
overdue payment and avoid service interruption. Suspension of the Service due to non-payment does not relieve
the Customer of its obligation to pay all outstanding fees and any applicable overdue charges. Intelligate will use
commercially reasonable efforts to restore the Customer’s access to the Service promptly upon receipt of the full
payment of all outstanding amounts, which may include a reinstatement fee in certain circumstances.

(e) Taxes

All fees and charges payable by the Customer to Intelligate under this Agreement are exclusive of any applicable
federal, state, local, or foreign sales, use, value-added tax (VAT), goods and services tax (GST), or other similar
taxes, duties, or assessments. The Customer is solely responsible for and will pay all such taxes, duties, and
charges associated with its subscription to and use of the Service, except for taxes based on Intelligate net
income. If Intelligate is required by law to collect any such taxes from the Customer, the amount of such taxes will
be added to the fees payable by the Customer as set forth in the Order Form or invoice. The Customer agrees to
promptly provide Intelligate with any valid tax exemption certificates or other documentation as may be required
by applicable tax authorities to verify any claim of exemption from taxes. The Customer’s obligation to pay taxes
will survive the termination or expiration of this Agreement.

V. Intellectual Property Rights

(a) Ownership of the Service

The Customer acknowledges and agrees that Intelligate owns all right, title, and interest, including all intellectual
property rights (such as copyrights, patents, trademarks, trade secrets, and other proprietary rights), in and to
the Service, the Intelligate platform, the software (including all source code and object code), the documentation,
all enhancements, modifications, updates, upgrades, and derivative works thereof, and any other materials or
content provided by Intelligate in connection with the Service. Except for the limited license expressly granted to
the Customer in Section III(a) of this Agreement, no other rights, licenses, or interests in or to the Service or any
Intelligate intellectual property are granted to the Customer, whether by implication, estoppel, or otherwise. The
Customer agrees not to take any action that would jeopardize, limit, or interfere with Intelligate ownership rights in
the Service.

(b) Ownership of Customer Data

Intelligate acknowledges and agrees that the Customer retains all right, title, and interest in and to all Customer
Data. As between Intelligate and the Customer, the Customer has sole responsibility for the accuracy, quality,
integrity, legality, reliability, and appropriateness of all Customer Data. By using the Service, the Customer hereby
grants to Intelligate a limited, non-exclusive, royalty-free, worldwide license to access, use, process, store, display,
and transmit the Customer Data solely for the purpose of providing the Service to the Customer and as otherwise
permitted in this Agreement. This license will continue only for the duration of the Subscription Term and any
applicable post-termination data retrieval period as outlined in this Agreement. Intelligate will not use the
Customer Data for any purpose other than providing the Service and as specified in this Agreement, and will
maintain reasonable administrative, physical, and technical safeguards to protect the security and confidentiality
of the Customer Data in accordance with Section VII of this Agreement.

(c) Feedback

The Customer acknowledges and agrees that any feedback, suggestions, ideas, comments, proposals, or other
information provided by the Customer or its Users to Intelligate regarding the Service, including without limitation
any ideas for new features, functionality, or improvements (collectively, “Feedback”), are voluntarily provided and
will be the sole and exclusive property of Intelligate. By providing Feedback, the Customer hereby grants to
Intelligate a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable license
to use, reproduce, modify, distribute, create derivative works of, publicly display, publicly perform, and otherwise
exploit such Feedback in any manner and for any purpose whatsoever, without any obligation to provide
attribution or compensation to the Customer. Intelligate will have the sole discretion to determine whether and
how to use or implement any Feedback, and the Customer acknowledges that they have no expectation of
receiving any compensation or recognition for providing Feedback.

VI. Confidentiality

(a) Definition

“Confidential Information” means any non-public information disclosed by either party (“Disclosing Party”) to the
other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably
should be understood to be confidential given its nature and the circumstances of disclosure. For Intelligate,
Confidential Information includes the Service, its features, functionality, performance, pricing, and the terms of this
Agreement. For the Customer, Confidential Information includes Customer Data and any non-public business or
technical information disclosed to Intelligate. Confidential Information does not include information that is or
becomes generally known to the public without breach of any obligation owed to the Disclosing Party; was
known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed
to the Disclosing Party; is rightfully received by the Receiving Party from a third party without any obligation
of confidentiality; or was independently developed by the Receiving Party without use of or reference to the
Disclosing Party’s Confidential Information.

(b) Protection

The Receiving Party agrees to protect the Disclosing Party’s Confidential Information with at least the same
degree of care that it uses to protect its own confidential information of like kind, but in no event less than a
commercially reasonable standard of care. The Receiving Party will not disclose the Disclosing Party’s
Confidential Information to any third party without the prior written consent of the Disclosing Party, except to its
employees, agents, or contractors who have a need to know the information for the purpose of performing their
obligations under this Agreement and who are bound by confidentiality obligations at least as protective as those
contained herein. The Receiving Party will use the Disclosing Party’s Confidential Information solely for the
purpose of exercising its rights and performing its obligations under this Agreement and for no other purpose.
Each party will be responsible for any breach of this confidentiality obligation by its employees, agents, or
contractors.

(c) Compelled Disclosure

Notwithstanding the obligations set forth in Section VI(b), if the Receiving Party is compelled by law, regulation, or
court order to disclose any Confidential Information of the Disclosing Party, the Receiving Party will provide the
Disclosing Party with prompt written notice of such requirement (to the extent legally permitted) to allow the
Disclosing Party an opportunity to seek a protective order or other appropriate remedy. The Receiving Party will
exercise commercially reasonable efforts to limit the disclosure to only that portion of the Confidential Information
that is legally required to be disclosed. Upon the Disclosing Party’s request and at the Disclosing Party’s expense,
the Receiving Party will cooperate with the Disclosing Party in any lawful effort to contest or limit the scope of
such required disclosure. Any disclosure made pursuant to a legally compelled request will not relieve the
Receiving Party of its other confidentiality obligations under this Agreement.

VII. Warranties and Disclaimers

(a) Our Warranties

Intelligate warrants to the Customer that the Service will perform substantially in accordance with its then-current
published documentation under normal use and circumstances during the Subscription Term. Intelligate further
warrants that it will use commercially reasonable efforts to maintain the availability of the Service, subject to
scheduled maintenance, unscheduled downtime, and events beyond its reasonable control. Intelligate also
warrants that the Service, as provided by Intelligate and used in accordance with this Agreement, will not
knowingly contain any viruses, malware, or other harmful code at the time of provision. These warranties are
applicable only during the active Subscription Term and are contingent upon the Customer’s payment of all fees
when due and the Customer’s use of the Service in compliance with this Agreement and the documentation.

(b) Customer Warranties

The Customer represents and warrants to Intelligate that the Customer has the full power, capacity, and
authority to enter into and perform its obligations under this Agreement; the Customer’s use of the Service,
including the submission of Customer Data, will comply with all applicable laws, regulations, and third-party rights,
including but not limited to data privacy laws and intellectual property rights; (iii) the Customer has obtained all
necessary consents and permissions for the collection, processing, storage, and transfer of Customer Data to
Intelligate for the purpose of providing the Service; and (iv) the Customer Data is accurate, complete, reliable,
and free from any viruses, malware, or other harmful code. The Customer further warrants that it will not use the
Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other
party’s use and enjoyment of the Service.

(c) Disclaimer

Except for the express warranties set forth in section vii(a) of this agreement, the service is provided on an “as is”
and “as available” basis, with all faults, and intelligate hereby disclaims all other warranties, express or implied,
including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-
infringement, title, and any warranties arising from course of dealing or usage of trade. intelligate does
not warrant that the service will be uninterrupted, error-free, secure, or completely free of viruses or other harmful
components. the customer acknowledges that their use of the service is at their sole risk, and intelligate makes
no representations or guarantees regarding the results or outcomes that may be achieved through the use of the
service.

VIII. Limitation of Liability

(a) Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, in no event will intelligate be liable for any indirect, incidental,
special, consequential, or punitive damages (including, without limitation, damages for loss of profits, revenue,
data, use, goodwill, or other economic advantage) arising out of or related to this agreement or the customer’s
use of the service, regardless of the cause of action, even if intelligate has been advised of the possibility of such
damages. this exclusion applies to, without limitation, damages resulting from the use of or the inability to use
the service; the cost of procurement of substitute goods or services; any data breach or unauthorized
access to or alteration of customer data; or any content or information displayed on or through the service.

(b) Cap on Liability

To the maximum extent permitted by applicable law, the total aggregate liability of intelligate to the customer for
all claims, losses, damages, and causes of action arising out of or relating to this agreement, whether in contract,
tort (including negligence), strict liability, or otherwise, will not exceed an amount equal to the total fees paid by
the customer to intelligate under this agreement. The existence of one or more claims will not enlarge this limit.

(c) Exclusions

The limitations of liability set forth in this Section VIII will not apply to: the Customer’s obligation to pay fees
due to Intelligate under this Agreement; either party’s obligations under the Indemnification section of this
Agreement; liability arising from the gross negligence or willful misconduct of either party; liability arising
from a party’s breach of its obligations regarding Confidential Information; or liability for direct damages
resulting from a data security breach caused by failure to implement reasonable security measures, up
to a mutually agreed-upon amount or as mandated by applicable law.

IX. Indemnification

(a) Indemnification by Us

Intelligate will defend, indemnify, and hold harmless the Customer, its affiliates, and their respective officers,
directors, employees, and agents from and against any and all third-party claims, actions, suits, or proceedings
(“Claims”) alleging that the Customer’s use of the Service as provided by Intelligate (excluding any modifications
or combinations made by the Customer) directly infringes any valid patent, copyright, or trademark of a third
party in the United States. Intelligate obligations under this Section are contingent upon the Customer promptly
notifying Intelligate in writing of any such Claim;providing Intelligate with all necessary information and
reasonable assistance to defend against the Claim; and granting Intelligate sole control over the defense and
settlement of the Claim. If the Service becomes, or in Intelligate opinion is likely to become, the subject of an
infringement Claim, Intelligate may, at its option and expense, either procure for the Customer the right to
continue using the Service, replace or modify the Service to make it non-infringing, or if neither nor
is reasonably practicable, terminate the Customer’s subscription to the infringing Service and refund to the
Customer any prepaid fees for the unused portion of the Subscription Term. Intelligate will have no obligation to
indemnify the Customer for any Claim arising from the Customer’s modification of the Service; the
Customer’s use of the Service in combination with any products or services not provided by Intelligate or the
Customer’s use of the Service in violation of this Agreement.

(b) Indemnification by Customer

The Customer will defend, indemnify, and hold harmless Intelligate, its affiliates, and their respective officers,
directors, employees, and agents from and against any and all third-party claims, actions, suits, or proceedings
arising out of or relating to any Customer Data, including but not limited to any claim that the Customer Data
infringes or misappropriates any intellectual property rights or violates the privacy rights of any third party;
the Customer’s use of the Service in a manner not authorized by or in violation of this Agreement; or the
Customer’s gross negligence or willful misconduct. The Customer’s obligations under this Section are contingent
upon Intelligate promptly notifying the Customer in writing of any such Claim; providing the Customer with
all necessary information and reasonable assistance to defend against the Claim; and granting the Customer
sole control over the defense and settlement of the Claim.

(c) Procedure

The indemnified party (whether Intelligate or the Customer) must give the indemnifying party prompt written
notice of any Claim for which indemnification is sought. The indemnified party will provide the indemnifying party
with all reasonable information and assistance necessary for the defense or settlement of such Claim. The
indemnifying party will have the sole right to control the defense and settlement of any Claim for which it
provides indemnification, except that the indemnifying party will not enter into any settlement that imposes any
obligation (other than monetary payment) on the indemnified party without the indemnified party’s prior written
consent, which will not be unreasonably withheld.

X. Term and Termination

(a) Term of Agreement

This Agreement will commence on the Effective Date, which is the earlier of the date the Customer accepts these
Terms or the date of the first Order Form, and will continue for an initial term of one (1) year (the “Initial Term”).
Upon the expiration of the Initial Term, this Agreement will automatically renew for successive one-year terms
(each a “Renewal Term”) unless either party provides written notice of non-renewal to the other party at least
thirty (30) days prior to the end of the then-current term. The Initial Term and all Renewal Terms will collectively
constitute the “Term” of this Agreement.

(b) Term of Purchased Subscriptions

The term for each subscription purchased by the Customer will be as specified in the applicable Order Form.
Unless otherwise stated in the Order Form, each subscription will automatically renew for a period equal to the
initial subscription term (e.g., month to month or year to year) unless either party provides written notice of nonrenewal
to the other party . The fees for any Renewal Term will be at then-current rates, unless otherwise agreed
upon in writing.

(c) Termination for Cause

Either party may terminate this Agreement for cause by providing written notice to the other party if the other
party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days
after receiving written notice of the breach. Intelligate may also terminate this Agreement for cause immediately
upon written notice if the Customer (i) fails to pay any fees when due, or (ii) violates the restrictions on use of the
Service as outlined in Section III(d) of this Agreement. Either party may terminate this Agreement upon written
notice if the other party becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of
creditors.

(d) Effect of Termination

Upon termination or expiration of this Agreement for any reason: the Customer’s right to access and use the
Service will immediately cease. The Customer will be responsible for paying any unpaid fees due for the period
prior to termination.

(e) Survival

The following sections of this Agreement, as well as any payment obligations accrued prior to termination, will
survive any termination or expiration of this Agreement for any reason: Section II (Definitions), Section V
(Intellectual Property Rights), Section VI (Confidentiality), Section VII(c) (Disclaimer), Section VIII (Limitation of
Liability), Section IX (Indemnification), Section XI (Governing Law and Dispute Resolution), and Section XII (General
Provisions).

XI. Governing Law and Dispute Resolution

This Agreement and any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach,
termination, or validity thereof, will be governed by and construed in accordance with the laws of the State of,
without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or relating to
this Agreement will be instituted in the federal or state courts located in, and each party irrevocably submits to
the jurisdiction of such courts in any such suit, action, or proceeding. Prior to initiating any litigation, the parties
agree to first attempt to resolve any dispute arising under this Agreement through good faith negotiation. If
negotiation fails, the parties may agree to pursue mediation in under the rules of before resorting to litigation.

XII. General Provisions

(a) Entire Agreement

This Agreement, including the Order Form and any exhibits or appendices referenced herein, constitutes the
entire agreement and understanding between the parties with respect to the Service and supersedes all prior and
contemporaneous communications, representations, and agreements, whether oral or written, relating to the
subject matter hereof.

(b) Modification

No amendment to or modification of this Agreement will be effective unless it is in writing and signed by a duly
authorized representative of each party. Intelligate reserves the right to modify these Terms of Service at any time
by posting an updated version on its website or notifying Customers through the Service. The updated Terms will
become effective upon posting or notification, and the Customer’s continued use of the Service after the effective
date of any such changes will constitute their acceptance of the modified Terms.

(c) Assignment

Neither party may assign, delegate, or otherwise transfer any of its rights or obligations under this Agreement,
whether by operation of law or otherwise, without the prior written consent of the other party, which consent will
not be unreasonably withheld or delayed. Notwithstanding the foregoing, Intelligate may assign this Agreement in
its entirety, without the Customer’s consent, in connection with a merger, acquisition, corporate reorganization, or
sale of all or substantially all of its assets.93 Subject to the foregoing, this Agreement will bind and inure to the
benefit of the parties and their respective successors and permitted assigns.

(d) Relationship of the Parties

The relationship between Intelligate and the Customer established by this Agreement is that of independent
contractors, and nothing contained in this Agreement will be construed to create a partnership, joint venture,
employment, or agency relationship between the parties.11 Neither party will have any authority to assume or
create any obligation or responsibility on behalf of the other party, except as expressly provided in this
Agreement.

(e) Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent
jurisdiction, the remaining provisions of this Agreement will continue in full force and effect, and the invalid or
unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable while
preserving the intent of the original provision as closely as possible.

(f) Waiver

The failure of either party to exercise or enforce any right or provision of this Agreement at any time will not
constitute a waiver of such right or provision or any other right or provision, nor will any single or partial exercise
of any right or provision preclude any further exercise thereof. No waiver will be effective unless it is in writing
and signed by the waiving party.

(g) Notices

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received,
if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after
it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by
certified or registered mail, return receipt requested.

XIII. Disclaimer

The service is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or
implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose,
and non-infringement. Intelligate does not warrant that the service will be uninterrupted or error-free. These
terms of service are not intended to provide legal advice. Users should consult with their own legal counsel if they
have specific legal questions regarding this agreement or their use of the service. While best efforts have been
made to ensure the accuracy and completeness of these terms, Intelligate assumes no liability for any
inaccuracies or omissions contained herein, particularly to the extent that these terms are based on general
templates and may not fully address all specific circumstances applicable to the customer or Intelligate. The user
acknowledges and agrees that their use of the service is at their sole risk.