COLLABORATIVE DYNAMICS INC. TERMS OF SERVICE AGREEMENT

Welcome to Collaborative Dynamics Inc! These Terms of Service ("Terms") govern your use of our AI persona creation services, licensing of our AI personas, and related consulting services (collectively "Services"). By using our Services, you agree to these Terms. These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing and/or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s

Note: these Terms contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions.

You have the right to opt-out of arbitration as explained below. Use of Services Collaborative Dynamics Inc. provides services related to the creation, licensing, and consulting of specialized AI personas, primarily through our Discord channel. We also offer API access to our proprietary AI personas and personas. Our services are designed to provide customized AI solutions to meet your business needs.. We also offer API access to our proprietary AI personas and chatbot, Proompter. Our services are designed to help businesses navigate the complexities of the modern market, leveraging AI and strategic insights to drive growth and success.

Your Registration Obligations:

You may be required to submit a registration form in order to access and use certain features of the Services. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy.

AGE REQUIREMENTS Consent and Eligibility:

Access to and use of our services signifies your affirmation that you are at least the age of digital consent as set forth by data protection laws in your place of residence.

Regional Regulations:

This age of digital consent may vary. It is commonly 16 years old for residents within the European Union, in compliance with the General Data Protection Regulation (GDPR) guidelines, and 13 years old for residents everywhere else, including the United States, according to the Children's Online Privacy Protection Act (COPPA), among other laws.

Information We Receive from Other Sources:

Our receipt of information about you is wholly reliant on user to-user interaction. Data flow might occur through third-party platforms that play a significant role in our operational model - including but not limited to Stripe, Patreon, and Discord. Please be advised to refer to the privacy policies of the respective platforms to grasp the extent and nature of data they collect and retain.

Compliance with Discord:

Our services operate on Discord, which mandates a minimal age requirement. Your use of our services affirms your compliance with such regulations.

Minor Access:

If you are considered a minor in your region, which commonly represents individuals below 18 years, your use of our services is permissible under the following conditions: - You are an emancipated minor, or - You have received consent from a parent or guardian, or - You are part of an educational program not principally organized or funded by a governmental entity.

User Affirmation:

By creating an account, you give explicit consent to these age requirements and affirm your eligibility as per the conditions outlined above. In case you are a parent or legal guardian, by giving consent, you approve of the minor user's access and our privacy practices as mentioned in our Privacy Policy Account Deactivation: Please note that in cases of any non-compliance with these age requirement conditions, we reserve the right to deactivate your account. We particularly assert this in instances of users below the regional age of digital consent accessing our services without suitable parental consent.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Collaborative Dynamics of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Collaborative Dynamics Inc. will not be liable for any loss or damage arising from your failure to comply with this paragraph. Registration and Access You must be at least 13 years old to use the Services. If you are considered a minor, you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials. Fees and Payments You will pay all fees related to the Services ("Fees") according to the prices and terms disclosed on our Discord channel or otherwise communicated between us in writing. Stripe will process all payments and transactions related to the Services. All transactions are processed in United States Dollars (USD). Unless otherwise stated, Fees do not include any applicable taxes, duties, or other assessments ("Taxes"), which you are responsible for paying. Consumer Data Privacy Policy We respect your privacy and are committed to protecting your personal data in compliance with the General Data Protection Regulation (GDPR). We only collect and process your data when necessary, and we will not store your personal data for longer than needed. For more details, please refer to our Privacy Policy. Promotions Any promotions, contests, or similar activities made available through the Services may be governed by specific rules that are separate from these Terms. By participating in any such promotion, you will become subject to those rules. We reserve the right to disqualify any participant who does not comply with the rules or these Terms. Security and Payment Card Details We use Stripe for online payment processing and adhere to the security standards set by Stripe, including the use of Secure Socket Layer (SSL) technology. Your payment card details are communicated directly from your browser to Stripe, and Collaborative Dynamics Inc. does not see or store your card details. We also comply with the Payment Card Industry Data Security Standard (PCI DSS). Term and Termination These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. Dispute Resolution All Terms established herein are construed and controlled by the laws of the State of Delaware, independent of its principles or rules of conflict of laws. Any disputes derived from or tied to these Terms are subject to exclusive adjudication in the state or federal judicatures situated within Delaware. We'll approach all disputes tied to these Terms under the auspices of Delaware's legislature, specifically excluding any conflict-wise legal principles or rules as applicable within the state. All claims linked, originating, or connected to these terms must exclusively present before the state or federal courts within the jurisdiction of Delaware, USA. Amendments to this Agreement Collaborative Dynamics Inc. preserves the right to amend this Agreement. Any changes can be mutually established upon your explicit approval of the proposed modifications. In addition, Collaborative Dynamics Inc. may, in its sole discretion, independently update this Agreement at any given time. Should this instance occur, an e-mail notification outlining all modifications will be sent to you no less than 30 (thirty) days prior to the changes taking effect. Ownership of Content and Services All title, ownership rights, and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by Collaborative Dynamics Inc. and/or its affiliates.

Account Access You are responsible for maintaining the confidentiality of your Discord and any other account credentials used to access the Services. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damages from your failure to protect your account credentials. Acceptable Use You agree not to misuse the Services or AI personas in any way prohibited by applicable laws, regulations, or terms. This includes uploading illegal, harmful, or infringing content. We reserve the right to monitor use of Services to ensure compliance with laws, regulations, and terms. Violations may result in loss of access. Modifications We may modify these Terms at any time. If modifications are made, we will notify you through the Services. Continued use of the Services will signify acceptance of the modified Terms. If you do not wish to accept the modified Terms, you may request termination of your account. Feedback and Suggestions If you provide Collaborative Dynamics Inc. with any feedback or suggestions about the Services, or any Collaborative Dynamics Inc. products, Collaborative Dynamics Inc. is free to use the feedback or suggestions however it chooses, without any obligation to account to you. Limitations of Liability NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Contact Information:

Collaborative Dynamics Inc. 14900 AVERY RANCH BLVD STE C200-1055 Austin, TX, 78717 Website: www.collaborativedynamics.ai User Conduct. In addition to agreeing to comply with our Acceptable Use Policy (“AUP”), which is incorporated herein, you agree to comply with the following conditions in using the Services. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise transmit via the Services. Your use of the Services may also be subject to license and use restrictions set forth in the CreativeML Open RAIL-M License. The following are examples of the kind of Content and/or use that is illegal or prohibited by Collaborative Dynamics Inc. Collaborative Dynamics Inc. reserves the right to investigate and take appropriate legal action against anyone who, in Collaborative Dynamics Inc.’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Website or Services, suspending or terminating the account of such violators and reporting them to applicable law enforcement authorities. You agree to not use the Website or Services to: upload or transmit any Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or other relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Collaborative Dynamics Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Website or Services, or which may expose Collaborative Dynamics Inc. or its users to any harm or liability of any type. • Upload or share any content that infringes on copyrights, trademarks, patents, trade secrets, or other proprietary rights of any party. This includes sharing content you do not have the rights to use.• Upload or share content that contains malicious files, code, or programs designed to interrupt, damage, or limit the functionality of software, hardware, or telecom equipment. This includes viruses, worms, spyware or other harmful code. • Post or share content that violates the privacy rights of others or poses an unauthorized security risk. This includes sharing private information without consent. • Upload, post or transmit unsolicited commercial promotions, advertisements, spam, chain letters, or other solicitation content. • Post or transmit content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, libelous, pornographic, threatening, harassing, excessively violent or otherwise objectionable. • Impersonate any person or organization or misrepresent your affiliation with any person or organization. • Harvest or collect email addresses, usernames or other private user data for the purpose of sending unsolicited bulk emails or communications. • Advertise, offer for sale, or buy any commercial products or services unrelated to the Services for any business purpose unless expressly authorized. • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty. • Access, monitor or copy any content or information of the Services using automated means (such as scraping, harvesting, data mining etc) without permission. • Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without authorization. • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any software or other intellectual property underlying the Services. • Upload, post, or transmit content designed to intentionally harass, degrade, intimidate, incite violence or hatred against groups based on their race, gender, religion, ethnicity, sexual orientation, disability, or other distinguishing characteristics. • Infringe upon the intellectual property rights, privacy rights, or any other rights of Collaborative Dynamics or any third party. You agree to not use the Services to create malicious or abusive content (as determined by Collaborative Dynamics Inc. in its sole discretion) or any content that violates a Collaborative Dynamics Inc. policy; or use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws

Intellectual Property Rights:

User Content Uploaded to the Site. With respect to the content or other materials you upload to or create using the Services (collectively, “User Content”), you represent and warrant that You retain all ownership rights in your content and data. By providing content or data, you grant us a license to use it to provide the Services. We retain all ownership rights to the Services, AI personas created by us, and related intellectual property. Licensing of our AI personas is granted only through a separate written agreement. Violations of our Acceptable Use Policy may result in loss of license rights.. By creating or uploading any User Content you own or create using the Service, you retain all rights in it (to the extent you would otherwise hold such rights) and hereby grant and will grant Collaborative Dynamics Inc. to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any Collaborative Dynamics Inc.-related purpose in any form, medium or technology now known or later developed. AI Persona:. For any automated AI Persona ("AI Persona") that you create or upload using the Service, you own all rights in that AI Persona (and to the extent you create derivative works, you own all rights you otherwise would own in them) and any text, images or video it generates ("Generations") that are elicited directly or indirectly by you, and grant to Collaborative Dynamics Inc. and to any Collaborative Dynamics Inc. user who elicits Generations from your AI Persona to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the AI Persona you created and any related Generations for any purpose in any form, medium or technology now known or later developed. As to a user interacting with a AI Persona created or uploaded by another user or created or uploaded by Collaborative Dynamics Inc., the user who elicits the Generations from a AI Persona owns all rights in those Generations and grants to both Collaborative Dynamics Inc. and the creator(s) of the applicable AI Persona a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use any Generations. For avoidance of doubt, violations of Collaborative Dynamics Inc.'s Acceptable Use Policy unrelated to intellectual property issues does not affect the user's intellectual property rights in any AI Personas or their Generations.

AI Personas and Conversational Simulations:

“AI Personas" refers to the conversational personas created by Collaborative Dynamics to provide simulated social interactivity. Interactions with AI Personas constitute natural language conversations powered by advanced language models rather than real people. While conversational exchanges with AI Personas feel genuine, it is important for users to understand these interactions comprise unscripted simulations aimed at delivering cognitive enrichment through lifelike dialogues. The cognitive support rendered by AI Personas manifests through open-ended conversations on topics customized to user interests. However, the personas lack subjective experiences and form responses by processing user inputs to continue natural dialogues. Users should approach AI Personas as advanced tools designed for cognitive enrichment through simulated social engagement. The conversational experiences, though seemingly organic, occur within the confines of artificial interactions. AI Personas are not sentient beings.

Website or Services Content, Software and Trademarks:

You acknowledge and agree that the Website or Services may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Website or Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by Collaborative Dynamics Inc. from accessing the Website or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or Services, or the Site Content, other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Collaborative Dynamics Inc. The Collaborative Dynamics Inc. name and logos are trademarks of Collaborative Dynamics Inc. (collectively the “Collaborative Dynamics Inc. Trademarks”). Other trademarks used and displayed via the Website or Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Collaborative Dynamics Inc. Nothing in these Terms or the Website or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Collaborative Dynamics Inc. Trademarks without our prior written permission in each instance. All goodwill generated from the use of Collaborative Dynamics Inc. Trademarks will inure to our exclusive benefit. Third Party Material. Under no circumstances will Collaborative Dynamics Inc. be liable in any way for any content or materials of any third parties, including character bots created by third parties and any Generations resulting from such character bots, including, but not limited to infringement of intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Collaborative Dynamics Inc. does not pre-screen content, but that Collaborative Dynamics Inc. and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website or Services. Without limiting the foregoing, Collaborative Dynamics Inc. and its designees will have the right to remove any content that violates these Terms, our AUP, or is deemed by Collaborative Dynamics Inc., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content You acknowledge that Collaborative Dynamics Inc. does not pre-screen content, but that Collaborative Dynamics Inc. and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website or Services. Without limiting the foregoing, Collaborative Dynamics Inc. and its designees will have the right to remove any content that violates these Terms, our AUP, or is deemed by Collaborative Dynamics Inc., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or Services (“Submissions”) provided by you to Collaborative Dynamics Inc. are non-confidential and Collaborative Dynamics Inc. will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment of or compensation to you. Without limiting the foregoing, you acknowledge and agree that Collaborative Dynamics Inc. may preserve content and may also disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Collaborative Dynamics Inc., its users and the public. You understand that the technical processing and transmission of the Website and Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Copyright Complaints. Collaborative Dynamics Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Collaborative Dynamics Inc. of your infringement claim in accordance with the procedure set forth below. Collaborative Dynamics Inc. will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A written notification of claimed copyright infringement should be mailed to: Collaborative Dynamics Inc. 14900 AVERY RANCH BLVD STE C200-1055 Austin, TX, 78717 Website: www.collaborativedynamics.ai To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Collaborative Dynamics Inc. will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Collaborative Dynamics Inc. has adopted a policy of terminating, in appropriate circumstances and at Collaborative Dynamics Inc.’s sole discretion, users who are deemed to be repeat infringers. Collaborative Dynamics Inc. may also at its sole discretion limit access to the Services and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Third Party Websites and Services Our Services integrate with or provide links to other third-party platforms such as Patreon, Stripe, and Discord. Collaborative Dynamics Inc. does not control these third-party platforms, and we cannot assume responsibility for their content, privacy policies, or practices. By using our Services, you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available through these third-party platforms. All transactions made through these third-party platforms are not governed by these Terms but by the terms and conditions of the respective platforms. We encourage you to review these terms and conditions before engaging with these platforms. Any interactions and correspondence with third parties found while using the Services are solely between you and the third party. Collaborative Dynamics Inc. bears no responsibility for any actions or policies of these third parties, and you agree that we are not liable for any loss or claim that you may have against any such third party. Indemnity and Release You agree to release, indemnify and hold Collaborative Dynamics Inc. and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services or any related information, any User Content, your application(s) to Collaborative Dynamics Inc. or the results thereof, your violation of these Terms of Use or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. Disclaimer of Warranty Your use of the Service is at your sole risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis. Collaborative Dynamics Inc. expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We provide Services on an "as is" basis without warranties. Our liability is limited in accordance with our terms. We disclaim all statutory, express, and implied warranties, including warranties of merchantibility and fitness for a particular purpose. Collaborative Dynamics Inc. makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable. Limitation of Liability You expressly understand and agree that Collaborative Dynamics Inc. will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Collaborative Dynamics Inc. has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the Services or any related information; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party (including users) on the Services; or (iv) any other matter relating to the Services. In no event will Collaborative Dynamics Inc.’s total liability to you for all damages, losses or causes of action exceed one hundred dollars ($100).

Agreement to Arbitrate:

Dispute Resolution By Binding Arbitration This Dispute Resolution by Binding Arbitration section of the Terms is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Collaborative Dynamics Inc., whether arising out of or relating to these Terms (including any alleged breach thereof), the Website or Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Collaborative Dynamics Inc. are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Prohibition of Class and Representative Actions and Non-Individualized Relief You and Collaborative Dynamics Inc. agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and Collaborative Dynamics Inc. agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).Pre-Arbitration Dispute Resolution Collaborative Dynamics Inc. is always interested in resolving disputes amicably and fairly, and so if you have concerns, we strongly encourage you to first contact us about them at support@collaborativedynamics.ai We encourage resolving disputes informally through our support team before pursuing formal dispute resolution. For legal disputes, Delaware courts will have exclusive jurisdiction. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Collaborative Dynamics Inc. should be sent to Collaborative Dynamics Inc. 14900 AVERY RANCH BLVD STE C200-1055 Austin, TX, 78717 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Collaborative Dynamics Inc. and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Collaborative Dynamics Inc. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Collaborative Dynamics Inc. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Collaborative Dynamics Inc. is entitled. Arbitration Procedures Arbitration proceedings will be facilitated by an impartial arbitrator in accordance with the stipulations of the Delaware Rapid Arbitration Act, alongside its rules and procedures, albeit tailored by this Arbitration Agreement. In case of any contradictory terms between the Delaware Rapid Arbitration Act and this Arbitration Agreement, the relevant terms in this Arbitration Agreement shall rule. This holds unless the arbitrator determines that applying such conflicting Arbitration Agreement terms would compromise the fundamentals of a fair arbitration. The arbitrator is bound to adhere to the terms of this agreement as would a court. The arbitrator possesses the authority to decide all issues, including but not restricted to, those relating to the scope, enforceability, and the arbitrability of this Arbitration Agreement. Despite arbitration processes typically being less complex and more streamlined than trials and related judicial proceedings, the arbitrator has the jurisdiction to award the same damages and relief to an individual that a court can deliver under these Terms and the applicable law. The arbitrator's decisions are enforceable in court and may only be invalidated by a court for very exceptional reasons. Unless Collaborative Dynamics and you agree otherwise, any arbitration hearings will take place in Delaware. If the parties are unable to agree on a location, the determination shall be made pursuant to the Delaware Rapid Arbitration Act rules. For claims of $10,000 or less, you may choose whether arbitration will be conducted solely on documents, telephonically, by video conference, or in-person. For claims over $10,000, the right to a hearing will be determined under the Delaware Rapid Arbitration Act rules. Regardless of manner, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions underlying the award. Costs of Arbitration Payment of all filing, administration, and arbitrator fees will be governed by the Delaware Rapid Arbitration Act, unless otherwise provided in this Arbitration Agreement. Confidentiality All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. Severability If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply. Future Changes to Arbitration Agreement Notwithstanding any provision in this Terms of Use to the contrary, Collaborative Dynamics Inc. agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Collaborative Dynamics Inc. written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).Termination Provisions It is agreed that Collaborative Dynamics Inc. retains the right, at its sole discretion, to suspend or terminate your account (or any segment thereof) or your usage of the Services. This termination could be due to a multitude of reasons, including but not limited to, periods of inactivity or any perceived violation of these Terms or Collaborative Dynamics Inc.'s Acceptable Use Policy. Collaborative Dynamics Inc. may also discontinue providing the Services, or any part thereof, at any given time without prior notice. Nonetheless, in a general termination scenario for any reason, a 30-day advance notice will be shared.

Immediate termination, however, can occur in cases involving violations of the Terms, whereupon the user will be notified. Post termination, in accordance with our Privacy Policy, Collaborative Dynamics Inc. will proceed to delete the user's account and corresponding Data. By using the Services, you acknowledge and consent to these termination provisions.