U.S. Terms of Use

1. Contractual Relationship, Termination, and Modification

In addition to these Terms of Service, your access to, and use of the Tekyeka platform is also governed by the applicable terms found on our website. These include but are not limited to: the Privacy Policy; and any other applicable Tekyeka standards and policies (collectively, the "Supplemental Terms").

Collectively, we refer to these Terms of Service and the Supplemental Terms as the "Terms." These Terms govern your access or use, from within the United States and its territories, of the Services made available in the United States and its territories (the "Territory"). If you use the Services in another country, you agree to be subject to Tekyeka's terms of service for that country. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

Tekyeka is an on-demand automotive service platform that connects vehicle owners with independent mechanics and auto service providers. We facilitate the connection — we are not the mechanic and do not perform any services ourselves.

Termination

Tekyeka, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Modification

Tekyeka reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or Tekyeka's website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

2. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND TEKYEKA CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND TEKYEKA TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

Agreement to Binding Arbitration

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND TEKYEKA MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act ("FAA") and survives the termination of the Agreement and your relationship with Tekyeka.

To the fullest extent permitted by applicable law, you and Tekyeka agree to arbitrate any and all disputes and claims (the "Claims") relating to, arising from or regarding your use of the Platform, your relationship with Tekyeka, service requests, or the Agreement (including previous versions), including Claims by Tekyeka, Claims against Tekyeka and Claims against Tekyeka's Affiliates.

This includes, but is not limited to, claims related to payments, compensation, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Tekyeka, or the threatened or actual suspension or deactivation of your account; breach of any express or implied contract; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; and all other federal, state or local statutory and common law claims.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND TEKYEKA ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT.

Prohibition of Class Actions

Except as otherwise required under applicable law, you and Tekyeka agree that any arbitration will be limited to the Claim between Tekyeka (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TEKYEKA ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. Further, unless both you and Tekyeka otherwise agree, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.

Rules and Logistics Governing Arbitration

In order to initiate arbitration, a claim must be filed with the American Arbitration Association ("AAA") and the written Demand for Arbitration must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in the Agreement, and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes.

You and Tekyeka agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

Exceptions to Arbitration

The Arbitration Agreement shall not require arbitration of the following types of claims:

• Claims for workers' compensation, disability insurance and unemployment insurance benefits
• Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis
• Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights
• Claims that have been expressly excluded from mandatory arbitration by the Federal Arbitration Act or a governing law not preempted by the FAA

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or a similar local, state or federal agency.

Opt Out of Arbitration Agreement

You may opt out of the Arbitration Agreement by notifying Tekyeka in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Tekyeka LLC at [email protected]. The notification must include: (i) your account username, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address, and (vi) a clear statement indicating that you wish to opt out of the Arbitration Agreement.

3. The Platform

A. Online Marketplace

The Platform is an online web- and app-based two-sided marketplace which enables connections between Customers and Providers. "Customer(s)" are individuals and/or businesses seeking to obtain automotive services ("Service Request(s)" or "Job(s)"), and "Provider(s)" are independent mechanics and auto service providers seeking to perform services for Customers. Customers and Providers are referred to herein together as "User(s)."

Providers are independent business owners, providing services under their own name or business name (and not under Tekyeka's name), using their own tools and supplies. Providers choose the applicable rates for services, without deduction by Tekyeka. Providers may (a) maintain a clientele without any restrictions from Tekyeka; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Customers and service agreements. Providers are independent contractors of Customers, and Customers are therefore clients of Providers, not Tekyeka.

Any reference to a Provider being licensed, credentialed, "verified," "approved," or similar language indicates only that the Provider has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Providers whom they select or interact with via the Platform; and (ii) is not an endorsement, certification or guarantee by Tekyeka of a Provider's skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.

Notwithstanding any feature or service of the Platform that a Customer may use to expedite Provider selection, the Customer is responsible for determining the service request and selecting or otherwise approving their Provider and should undertake their own research prior to booking any service to be satisfied that a specific Provider has the right qualifications.

B. Tekyeka's Role

The Platform is not an employment agency service or business, and Tekyeka is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Tekyeka.

Users hereby acknowledge and agree that (a) Tekyeka does not (i) perform services nor employ individuals to perform services, (ii) supervise, scope, direct, control or monitor Providers' work (including that Tekyeka does not set Providers' work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Providers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a service agreement will not, under any circumstances, create any responsibility or liability for Tekyeka, nor any employment or other relationship between Tekyeka and the Users or between the Customer and the Provider. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Tekyeka.

Tekyeka is neither responsible nor liable for workers' compensation or any tax payment or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, disability insurance, employer's liability, employer training tax, social security contributions, or other applicable payroll withholdings in connection with a User's use of the Platform, or personal income tax. The Provider assumes full and sole responsibility for all required and applicable income tax and social contributions. Each User assumes all liability for proper classification of such User's workers based on applicable legal guidelines.

C. License

Subject to your compliance with the terms of the Agreement, Tekyeka grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Platform, (b) download, access and use the App on your personal device, solely in furtherance of your use of the Platform, and (c) access and view any content, information and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. Users may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Platform or anything therefrom or thereon without Tekyeka's prior written consent. Any rights not granted by Tekyeka are expressly reserved.

D. User Representations and Warranties

In your access to and use of the Platform, you represent and warrant that you:

• Will comply fully with the terms of the Agreement
• Are at least 18 years old and are otherwise capable of entering into binding contracts
• Have the right, authority and capacity to enter into the Agreement
• Will only request and/or perform services in a country where the Platform has a presence
• Will respect the privacy, property, and data protection rights of Users
• Will act professionally and responsibly in your interactions with other Users
• Will use your legal name and/or legal business name and an up-to-date photo on your profile
• Will comply with all applicable local, state, provincial, national, or international laws
• Will not use the Platform for any illegal services or activities
• Will ensure that all communications regarding services remain on the Platform

E. Additional Provider Representations and Warranties

If you are a Provider, you additionally represent and warrant that:

• You are operating as a sole proprietor, partnership, limited liability company, corporation or other business entity when using the Platform
• You are customarily engaged in an independently established business of the same nature as the services performed for Customers through the Platform
• You have the unrestricted right to work in the jurisdiction in which you perform services
• You have and will maintain any licenses, permits, and/or registrations required by applicable laws that apply to your performance of services
• You have and will maintain all commercial insurance required to operate your business and perform the services, including but not limited to commercial general liability and commercial auto insurance where applicable
• You will respond to invitations promptly; provide timely, high-quality services; only offer and provide services for which you have the necessary expertise; and perform the services as agreed upon in a safe manner
• You possess a minimum of one (1) year of verifiable, hands-on experience in each service type you represent yourself as qualified to offer through the Platform, and the years of experience declared during your registration are accurate and not misleading

4. Use of the Platform

A. Registration

You must register and create an account to access and use the Platform, providing only correct and accurate information. You agree to immediately notify Tekyeka of any changes to your account information. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Tekyeka's termination of this Agreement with you.

B. Account Security

You are fully and solely responsible for maintaining the confidentiality of any log-in, password, and account provided to you to access the Platform and for all activities that occur under your password or account. Tekyeka has no control over any User's account. You agree to notify Tekyeka immediately if you suspect any unauthorized party may be using your Platform password or account.

C. Provider Onboarding

(i) Background Checks. To the extent permitted by applicable law, Providers may be subject to a review process before they can register on, and during their use of, the Platform, which may include identity verification and criminal background checks. Background checks are conducted through Checkr, Inc. (checkr.com), a Consumer Reporting Agency (CRA) as defined by the Fair Credit Reporting Act (FCRA). By submitting a Provider application, you authorize Tekyeka to procure a consumer report on your behalf from Checkr for the purpose of evaluating your Provider application. Prior to any background check being initiated, Tekyeka will provide you with a separate FCRA disclosure and obtain your authorization as required by applicable law. You have the right to request a free copy of your consumer report and to dispute inaccurate information. For full details, see our FCRA Disclosure & Summary of Rights. Tekyeka cannot, and does not, assume any responsibility or liability for the accuracy or reliability of background check information.

(ii) Identity Verification. As part of the application process, providers must complete identity verification through Veriff (veriff.com), which includes submission of a government-issued identification document and a biometric facial scan or video compared against that document. By proceeding through identity verification, providers consent to the collection and processing of this biometric information as described in our Privacy Policy. Providers who decline to complete biometric verification will not be eligible to complete onboarding as a provider on the platform.

(iii) Professional Licensing. Tekyeka does not independently verify that Providers have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their services. It may be unlawful to perform certain types of services without a license, permit and/or registration. Providers are solely responsible for avoiding such prohibited services. Customers are solely responsible for determining if a Provider has the skills and qualifications necessary to perform the specific service and confirming that the Provider has obtained all required licenses, permits, or registrations, if any.

(iv) Experience Requirements. Providers are required to have a minimum of one (1) year of verifiable, hands-on experience in the service type(s) they intend to offer through the Platform. This requirement is evaluated on a per-service-category basis during the application review process. Providers who do not meet the minimum experience threshold for a given service category will not be approved to offer that service on the Platform. By submitting an application, Providers represent and warrant that the years of experience declared during registration are accurate. Submission of false or inflated experience information constitutes grounds for immediate rejection of the application or termination of an existing Provider account.

D. Service Agreement

The Platform allows Users to offer, search for and book services. After identifying and selecting a Provider to perform a service, the Customer and the Provider may communicate via the chat thread in the Platform to understand the scope, schedule and other details of the service. Once the service is scheduled via the Platform by the Provider, the Customer and Provider form a legally binding contract for the service, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to by the Customer and the Provider in the chat thread (the "Service Agreement"). The Customer and the Provider each agree to comply with the Service Agreement and the Agreement during the engagement, performance and completion of a service. Tekyeka is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Tekyeka.

5. Fees, Billing, and Payment

A. Service Payment and Other Amounts Owed by the Customer

All amounts owed and/or to be paid by you shall be set out in a payment summary ("Invoice(s)"), which will include the service-related fees and Tekyeka fees, each as described in more detail below in this Section A. By providing a payment method and accepting a Provider's offer, you authorize Tekyeka and its payment processor to charge your payment method for the full amount at the time of offer acceptance. Payment is collected at booking, prior to service commencement. Upon job completion, a brief dispute review period applies before funds are released to the Provider. If we are unable to charge your payment method, you authorize us to use any payment methods you have previously linked to your account. You acknowledge and agree that we may prevent you from booking future services if any amounts remain outstanding on your account. Unless otherwise expressly stated in this Agreement, all fees (including, without limitation, the Service Payment and all Tekyeka fees) are non-refundable, except as described in Section F (Cancellation Fees).

1. Service-related fees

The Customer is responsible for paying the following associated with each service:

• The fee for the service, at the Provider's rates and as agreed-upon by the Customer and the Provider (the "Service Payment")
• Any out-of-pocket expenses agreed-upon by the Customer and the Provider and submitted by the Provider in connection with the service (e.g., parts, materials)
• A tip or gratuity, as applicable, which may be added to the Invoice by, or at the direction of, the Customer (all of which shall go directly to the Provider)
• Taxes or similar charges, as described in Section E below
• A credit card processing fee, as applicable

2. Tekyeka fees

In addition to the amounts owed for the service as set out in Section A(1) above, Tekyeka charges, and the Customer is responsible for paying, the following fees associated with each service:

• The service charge that Tekyeka assesses to the Customer for access to and information regarding Providers
• The platform fee that Tekyeka assesses for customer support, dispute resolution services, and other various services
• Taxes or similar charges, as described in Section E below
• Applicable cancellation charges (see Section F below for details)

Tekyeka reserves the right to change its fees at any time and will notify Customers of any fee changes in accordance with Section 17 of the Terms. If you disagree with a Tekyeka fee change, you may cease using the Platform and terminate the Agreement, at any time, pursuant to Section 8 of the Terms. Providers have no authority to, and may not, modify all or any part of Tekyeka's fees.

B. Amounts Owed by Providers

Providers will be responsible for (1) paying registration fees, if applicable, and (2) repaying to Tekyeka or the payment processor any erroneous payments or other amounts received by the Provider.

C. Payment Service Provider ("PSP")

All amounts owed and/or to be paid by any User must be paid through the PSP. The Customer will be required to provide their payment method details to Tekyeka and the PSP. The Provider will be required to set up an account with the PSP, which requires registration with the PSP, consent to the terms of service of the PSP (the "PSP Services Agreement"), and completion of a vetting process and/or account validation. Tekyeka is not a party to any PSP Services Agreement, and has no obligations, responsibility or liability to any Provider or other party under any PSP Services Agreement.

D. Fraud

Notwithstanding anything herein to the contrary, the Customer will not be held responsible for transactions that are identified by Tekyeka as potential or confirmed fraud; provided that the Customer did not contribute to or cause (directly or indirectly, in any part) such fraud. In these instances, a transaction may be declined, frozen or held until investigation is complete.

E. Sales Tax Collection and Remittance

Users of the Platform may be liable for taxes or similar charges (including VAT, if applicable in the country where the service is performed), which are imposed on the services performed and/or fees paid under the Agreement and must be collected and/or paid.

In certain jurisdictions, applicable rules require that we collect and/or report tax and/or revenue information about you to applicable tax authorities. You agree that Tekyeka may issue, on your behalf, receipts or similar documentation to facilitate accurate tax reporting, and use of your account may be paused until such documentation is provided.

Notwithstanding anything herein to the contrary, however:

Providers remain fully responsible and liable for, and in charge of, compliance with all tax obligations applicable to the Provider and the services (including performance thereof), (including, without limitation, filing their tax returns (such as, as applicable, VAT) and paying taxes (such as, as applicable, VAT)) relating to the services performed by them for the benefit of their Customers. Providers should consult with their own tax advisors to ensure compliance with applicable tax and reporting requirements.

Tekyeka is neither responsible nor liable for ensuring Users' compliance with applicable tax obligations. Without limitation, Tekyeka shall not be held responsible for any breach of a Provider's tax obligations, including (without limitation) that Tekyeka shall not be held jointly and severally liable for taxes, interest on overdue taxes, or for any penalties or fines that would be owed by the Provider. Tekyeka may (i) request the Provider to confirm and/or demonstrate that they are up to date with their tax obligations (including social contributions, if applicable); and (ii) deactivate a Provider's account or limit their use of or remove the Provider from the Platform upon (1) a determination from the applicable tax authorities that such Provider has failed to comply with tax obligations (such as VAT), or (2) if the Provider is unable or unwilling to confirm and/or demonstrate their compliance with their tax obligations, upon request.

F. Cancellation Fees

Customers may cancel a service request at any time. However, the Customer may be billed a cancellation fee under certain circumstances. Please consult the Cancellation Policy below.

Cancellation Policy

For Customers:

Cancellation fees are based on the job status at the time of cancellation:

• Open status: No charges. You may cancel without any fee.
• Booked status: 100% refund. No cancellation fee charged.
• En Route status: $4.50 is retained from your payment to compensate the Provider for wasted time and travel.
• Arrived status: $7.50 is retained from your payment to compensate the Provider for travel and time invested on-site.
• In Progress status: Cancellation not permitted. Any disputes must be filed through the Tekyeka dispute resolution process.
• Completed status: Cancellation not permitted. Any issues must be resolved through the Tekyeka dispute or report process.

For Providers:

• Providers may cancel while a job is in Booked, En Route, or Arrived status — no fee is charged to the Customer and the full payment is refunded.
• Provider cancellation rates are monitored. Repeated cancellations may result in account restrictions, reduced visibility, or deactivation.

6. Public Areas

The Platform may contain profiles, email systems, reviews, ratings, service request postings, chat areas, and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum.

You understand that all submissions made to Public Areas will be public, and you will be publicly identified by your name or login identification when communicating in Public Areas. Tekyeka will not be responsible for the actions of any Users with respect to any information or materials posted or disclosed in Public Areas.

7. Deactivation and Suspension

In the event of an actual or suspected breach by you of any part of the Agreement (including, without limitation, abuse, fraud or interference with the proper working of the Platform), Tekyeka may (a) suspend your right to use the Platform pending its investigation; and/or (b) deactivate your account or limit your use of the Platform upon its confirmation of a breach. Tekyeka will provide you with written notice of its determination in accordance with, and as required by, applicable laws.

If Tekyeka suspends or deactivates your account or limits your use of the Platform pursuant to this Section, you may not register and/or create a new account under different usernames, identities or contact details.

8. Termination

You may terminate the Agreement between you and Tekyeka at any time by ceasing all use of the Platform and deactivating your account. Tekyeka may terminate the Agreement between you and Tekyeka at any time, and cease providing access to the Platform, if you breach any part of the Agreement or violate applicable laws.

Even after your right to use the Platform is suspended, terminated or limited, the Agreement will remain enforceable against you. Tekyeka reserves the right to take appropriate legal action pursuant to the Agreement.

9. User Generated Content; Feedback

A. User Generated Content

"User Generated Content" is defined as any information, content and materials you provide to Tekyeka, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Platform.

User Generated Content is not the opinion of, and has not been verified or approved by, Tekyeka. You acknowledge and agree that Tekyeka: (a) is not involved in the creation or development of User Generated Content and does not control any User Generated Content; (b) is not responsible or liable for any User Generated Content; (c) may, but has no obligation to, monitor or review User Generated Content; and (d) reserves the right to limit or remove User Generated Content if it is not compliant with the terms of the Agreement.

You are and remain solely responsible and liable for your User Generated Content. To the extent permitted by law, you hereby grant Tekyeka a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable, transferable right and license to publish, reproduce, disseminate, transmit, distribute, modify, adapt, publish, translate, create derivative works from, publicly perform, exhibit, display, act on and/or otherwise use your User Generated Content, in any media, form or technology now known or later developed, including in connection with any advertising, marketing, and/or publicizing of the Platform, without any approval by, or compensation to, you.

B. Feedback

The Platform hosts User Generated Content relating to reviews and ratings of specific Providers ("Feedback"), which enables Users to post and read other Users' expressions of their experiences. Feedback is the opinion of the User who has posted it. Feedback is not the opinion of, and has not been verified or approved by, Tekyeka. Tekyeka may, but is not obligated to, investigate, modify and/or remove any Feedback or other remarks posted by Users.

10. Intellectual Property Rights

The Platform, and all components thereof and content made available and/or displayed thereon (including all text, graphics, editorial content, data, formatting, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces and other content, collectively "Proprietary Material"), is owned by Tekyeka, excluding User Generated Content and any third-party websites made available on or via the Platform. Proprietary Material is protected by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.

The service marks, logos and trademarks of Tekyeka are owned by Tekyeka. You may not copy or use the Marks without obtaining Tekyeka's express prior written consent. Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owner and may not be used without the prior written consent of such owner.

11. Links to Third-Party Websites

The Platform may contain links to third-party websites, which are maintained by parties over which Tekyeka exercises no control. Such links are provided for reference and convenience only; and do not constitute Tekyeka's endorsement, warranty or guarantee of, or association with, those websites, their content or their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You access and use such third-party websites at your own risk.

Tekyeka expressly disclaims any responsibility or liability for any such third-party links or websites and is not and will not be a party to any transaction between you and any third-party providers of products or services.

12. Copyright Complaints

If you believe, in good faith, that any materials provided on or in connection with the Platform infringe upon your copyright or other intellectual property right, please send the following information to Tekyeka at [email protected]:

• A description of the copyrighted work that you claim has been infringed
• A description of the location where the original or an authorized copy of the copyrighted work exists
• Your name, address, telephone number, and e-mail address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner

Under United States federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers.

13. Disclaimer of Warranties

USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT, AND THE SAME ARE EXPRESSLY EXCLUDED.

WITHOUT LIMITING THE FOREGOING, TEKYEKA AND ITS PARENTS, AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "TEKYEKA PARTIES"):

• MAKE NO, AND EXPRESSLY DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES AS TO THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE PLATFORM
• DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS
• DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY

Some jurisdictions do not allow the exclusion of certain implied warranties, so the above exclusions may not apply to you.

14. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE TEKYEKA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE), EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS), LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS, AND/OR CONTROVERSIES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE PLATFORM OR YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

Nothing in the Agreement excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE TEKYEKA PARTIES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY YOU TO TEKYEKA IN THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Notwithstanding the foregoing, nothing in these Terms excludes or limits Tekyeka's liability for: (a) death or personal injury caused by Tekyeka; or (b) Tekyeka's gross negligence or willful misconduct, to the extent such limitations are prohibited by applicable law.

15. Indemnification

A. Customer Indemnification

If you are a Customer, you shall indemnify, defend, and hold harmless Tekyeka and Affiliates from and against any and all liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your breach or violation of the Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your use of any third-party links or websites that appear on the Platform; (v) any User Generated Content and/or Feedback submitted by you; and (vi) the acts or omissions of any agents you authorize.

B. Provider Indemnification

If you are a Provider, you shall indemnify, defend, and hold harmless Tekyeka and Affiliates from and against any and all liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your participation in services, or your ability or inability to perform services or to receive payment therefor; (iii) your breach or violation of the Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) any User Generated Content and/or Feedback submitted by or about you; and (vi) the acts or omissions of any assistants or subcontractors you engage.

16. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Platform, your relationship with Tekyeka, services, or the Agreement ("Dispute"), you can try to find an amicable solution with Tekyeka before initiating any out of court settlement or court proceeding (except as may be set forth in Section 2). Such informal negotiations will commence upon written notice.

17. Changes to the Agreement

A. Changes to the Agreement

Tekyeka reserves the right, at any time, to review, change, modify, update, add to, supplement, suspend, discontinue, or delete any term(s) or provision(s) of the Agreement. Notice of such amendments may be given by posting such updates or modifications on the Platform, by e-mail or in any other reasonable manner; and the amendments will be effective upon such posting. Your continued use of the Platform after such posting constitutes your consent to be bound by the Agreement, as amended.

Notwithstanding the foregoing, if such modifications and/or updates are material, you will be informed in advance for your acceptance or rejection. If any changes to the Agreement are unacceptable to you, you must deactivate your account and immediately stop using the Platform.

B. Changes to the Platform

Tekyeka reserves the right to, at any time, review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the Platform, effective with prior notice where possible and without any liability to Tekyeka.

C. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Platform. The App may (i) cause your device to automatically communicate with Tekyeka's servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and/or (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

18. No Rights of Third Parties

Except as expressly set out herein and/or is otherwise required by applicable laws, the Agreement is for the sole benefit of Tekyeka and the User, and their permitted successors and assigns, and there are no other third-party beneficiaries under the Agreement. None of the terms of the Agreement are enforceable by any persons who are not a party to the Agreement; provided, however, that Tekyeka may enforce any such provisions on behalf of its Affiliates.

19. Notices

Unless otherwise specified in the Agreement, all agreements, notices, disclosures and other communications ("Notices") under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by overnight delivery service's tracking information. Notwithstanding the foregoing, any Notices to which the Agreement refers will be sent to you electronically, and you consent to receive Notices in this manner.

If you have any questions about these Terms of Service or about the Platform, please contact us at [email protected].

20. Governing Law

Except for Sections 2 (Arbitration Agreement) and 16 (Dispute Resolution) hereof, the Agreement and your use of the Platform will be governed by, and will be construed under, the laws of the State of Illinois, without regard to choice of law principles.

The choices of law set out in this Section shall apply unless and to the extent federal, state, provincial, local and international laws, rules, regulations, directives, judgments and/or orders binding on or applicable to you or your performance hereunder, require that the Agreement or your use of the Platform be governed by the laws of the country in which the service is performed. Nothing shall prevent Tekyeka from bringing proceedings to protect our intellectual property rights before any competent court.

21. General Provisions

A. Relationship of the Parties

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship exists, is intended or created between you and Tekyeka by the Agreement or your use of the Platform. Users do not have authority to act as agent for, nor to bind or make any representations on behalf of, Tekyeka.

B. Entire Agreement

The Agreement constitutes the complete and exclusive agreement between you and Tekyeka with respect to your use of the Platform, and supersedes any and all prior or contemporaneous agreements, proposals or communications. The provisions of the Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable.

C. Severability; Waiver

In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable, or if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. Failure by Tekyeka to enforce any provision(s) of the Agreement will not be construed as a waiver of any provision or right.

22. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, ALL OTHER TERMS INCORPORATED HEREIN AND THEREIN BY REFERENCE, AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.