Effective Date: March 18, 2026 Governing Law: State of Florida | Arbitration Seat: Pinellas County, FL IMPORTANT NOTICE: This Agreement is effective as of March 18, 2026. By accessing or using the Services on or after March 18, 2026, you agree to be bound by this version in its entirety. This Agreement contains a mandatory binding arbitration clause and class action waiver in Section 15.

1. DEFINITIONS

As used throughout this Agreement (Effective Date: March 18, 2026, Document No. MA-TOS-2026-001), the following capitalized terms have the meanings set forth below. All other capitalized terms are defined where they first appear. “Activation Fee” means the one-time, non-refundable setup fee payable by Customer upon enrollment, as specified in Section 4.1. “Add-On Service” means any optional supplemental feature, tool, integration, or service offered by MarketingAid in addition to the core Services, including without limitation SMS appointment reminder functionality, as further described in Section 3.6. “Agreement” means these Terms of Service (Version 14.0, Effective March 18, 2026, Document No. MA-TOS-2026-001), together with any executed Order Forms, invoices, addenda, Add-On Service confirmations, Data Processing Agreements, Business Associate Agreements, and written amendments, each incorporated herein by reference. In the event of a conflict, the order of precedence set forth in Section 19.2 governs. “Authorized User” means any individual whom Customer has expressly authorized, in writing or through account settings, to access the Services on Customer’s behalf. “Beta Feature” means any feature, tool, integration, or capability made available by MarketingAid designated as “beta,” “preview,” “pilot,” “early access,” or a similar label, as further described in Section 3.3. “Business Associate Agreement” or “BAA” means the written agreement required by HIPAA, 45 C.F.R. § 164.308(b), to be executed between MarketingAid and any Customer that is a HIPAA-covered entity or business associate and that stores, processes, or transmits protected health information through the Services, as further described in Section 14.7. “Chargeback” means any reversal, retrieval request, or payment dispute initiated by Customer or Customer’s financial institution with respect to a charge processed by or on behalf of MarketingAid. “Commercially Reasonable Efforts” means good-faith efforts consistent with the resources and methods MarketingAid employs in the ordinary course of its business operations, and shall not require MarketingAid to: (i) incur costs materially disproportionate to the benefit to be obtained; (ii) take actions outside its direct operational control; or (iii) achieve any industry benchmark, uptime standard, or performance level not expressly set forth in a separately executed written service level agreement. “Confidential Information” means all non-public information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with this Agreement — whether disclosed orally, in writing, electronically, or by any other means, and whether or not marked as confidential — that a reasonable person in the relevant industry would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, pricing, financial data, technical specifications, source code, customer lists, business strategies, marketing plans, Platform architecture, and trade secrets. Confidential Information does not include information that falls within the exceptions set forth in Section 13.2. “Customer,” “you,” or “your” means the business entity or individual commercial operator who registers for, accesses, or uses the Services, and the authorized representative who accepts this Agreement on such entity’s behalf. “Customer Business Data” means Customer’s business strategies, competitive intelligence, pricing structures, customer lists, and other proprietary business data received by MarketingAid from Customer in connection with this Agreement, as further described in Section 13.4. “Customer Content” means all data, text, images, files, logos, and other materials that Customer or its Authorized Users upload, submit, or transmit through the Services, expressly excluding any components of the Platform. “Effective Date” means March 18, 2026, being the date this version of the Agreement (Version 14.0, Document No. MA-TOS-2026-001) was published and made effective, or, for Customers who first access the Services after March 18, 2026, the earliest of: (a) the date Customer clicks to accept these Terms; (b) the date Customer first accesses or uses the Services; or (c) the date an Order Form referencing these Terms is executed by both parties. “End User Opt-In Consent” means the affirmative, documented act by which an individual recipient affirmatively activates a clearly labeled opt-in mechanism — such as a button or checkbox bearing language that clearly and conspicuously discloses: (a) that the individual is consenting to receive automated SMS appointment reminder messages from Customer; (b) the identity of Customer as the sender; (c) an estimate of message frequency; and (d) that consent is not a condition of any purchase, appointment, or service — presented at the point of appointment scheduling or customer registration, prior to the transmission of any SMS message to that individual. End User Opt-In Consent must satisfy all elements required for prior express written consent under 47 C.F.R. § 64.1200(f)(9). Customer shall maintain End User Opt-In Consent records in a retrievable form for no less than four (4) years from the date of the consent event or the date of the last SMS message sent to the consenting individual, whichever is later. Customer shall produce consent records to MarketingAid within five (5) business days of a written request, and to any regulatory authority or court within the timeframe required by applicable law or order. “Good Financial Standing” means that Customer has no overdue undisputed amounts outstanding for more than fifteen (15) days. A disputed amount shall not be considered “outstanding” for purposes of this definition while a properly submitted billing dispute is pending under Section 4.6. MarketingAid shall not condition access to Customer Content on resolution of any disputed amount, and shall not use the withholding of Customer Content as leverage in any billing or contractual dispute. A violation of this prohibition constitutes an irreparable harm entitling Customer to seek emergency injunctive relief in a court of competent jurisdiction under Section 15.5(e), without first completing the Cooling-Off Period, to compel immediate restoration of access to Customer Content. “Incurable Breach” means any of the following acts or omissions, which the parties expressly agree are incapable of cure and entitle MarketingAid to immediate termination without prior notice or cure period: (a) unauthorized reverse engineering, decompilation, or replication of the Platform or any component thereof; (b) intentional disclosure of MarketingAid’s trade secrets to any third party; (c) submission of a fraudulent Chargeback following a prior Chargeback filed by the same Customer within the preceding twelve (12) months; (d) use of the Services to distribute malware, launch cyberattacks, or compromise third-party systems; (e) use of the Services in connection with child sexual abuse material (CSAM) or any other per se illegal content; or (f) Customer’s knowing publication of materially false statements of fact concerning MarketingAid that Customer knows to be false or publishes with reckless disregard for their truth, and that causes or is reasonably likely to cause material commercial harm to MarketingAid. Truthful statements, statements of pure opinion, and legitimate customer reviews shall not constitute an Incurable Breach under clause (f). All other breaches remain subject to the applicable notice and cure period in Section 5.3. “Intellectual Property Rights” means all patents, patent applications, copyrights, trademarks, trade dress, service marks, trade secrets, moral rights, database rights, rights of publicity, and all other intellectual property and proprietary rights recognized under applicable law in any jurisdiction worldwide, whether registered or unregistered. “MarketingAid Parties” means MarketingAid Solutions FL, LLC, and its respective officers, directors, members, managers, employees, agents, affiliates, licensors, successors, and assigns, collectively. “Material Breach” means: (a) any breach of Section 7 (Intellectual Property), Section 8 (Acceptable Use), or Section 13 (Confidentiality); (b) any Incurable Breach; (c) any misrepresentation of Customer’s commercial or eligibility status under Section 2.2; or (d) any breach that causes or imminently threatens irreparable harm to MarketingAid, its reputation, or its Intellectual Property Rights. A breach of Section 4 (Fees and Payment) shall not constitute a Material Breach unless Customer fails to cure within five (5) business days of receiving written notice thereof, except that two (2) or more payment failures within any twelve-month period shall constitute a Material Breach without further notice or cure period. “Platform” means MarketingAid’s proprietary digital infrastructure, including all software (in object and source code form), algorithms, APIs, databases, templates, configurations, systems architecture, design elements, methodologies, processes, and all modifications, enhancements, and derivative works thereof, whether developed before, during, or after the Subscription Term. “Price Lock Period” means the twenty-four (24) consecutive months immediately following Customer’s original enrollment date, as recorded in MarketingAid’s account records at the time of Customer’s initial activation, as further described in Section 4.3(a). “Privacy Policy” means the MarketingAid privacy policy published at https://www.marketingaid.org/privacy-policy, as updated from time to time in accordance with its terms, and incorporated herein by reference. “Services” means the website design, development, hosting, appointment scheduling, subscription-based digital infrastructure, technical support, and related services provided by MarketingAid to Customer under this Agreement, as further described in Section 3 and any applicable Order Form, including any elected Add-On Services. “Subscription Fee” means the recurring monthly fee payable by Customer for continued access to the core Services, as specified in Section 4.2 or the applicable Order Form, exclusive of any Add-On Service fees. “Subscription Term” means each monthly billing period, beginning on the activation date and renewing automatically on the same calendar date each subsequent month until cancelled in accordance with Section 5.

2. ACCEPTANCE OF TERMS AND ELIGIBILITY

2.1 Acceptance and Binding Effect

By registering for, accessing, or using the Services in any manner on or after the Effective Date of March 18, 2026 — including clicking an acceptance button, submitting an Order Form, providing payment information, or accessing any portion of the Platform — Customer: (a) unconditionally accepts this Agreement (Version 14.0, Effective March 18, 2026) in its entirety and agrees to be legally bound by its terms as of March 18, 2026 or the date of first access, whichever is later; (b) represents that it has full legal authority to enter into a binding commercial contract; (c) acknowledges that this Agreement constitutes a legally enforceable obligation between Customer and MarketingAid; and (d) agrees that electronic acceptance has the same legal force and effect as a handwritten signature pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the Florida Electronic Signatures Act, Fla. Stat. § 668.50 et seq. MarketingAid maintains tamper-evident records of all electronic acceptances, including timestamps, IP addresses, account identifiers, and the version number and effective date of the Terms in effect at the time of acceptance, such that the specific version accepted by each Customer is identifiable from the acceptance record alone. Such records shall be retained for no less than seven (7) years following termination of the relevant account and shall constitute prima facie evidence of acceptance, the specific terms accepted, and the binding nature of this Agreement, admissible in any proceeding. MANDATORY ARBITRATION ACKNOWLEDGMENT: CUSTOMER’S SEPARATE, AFFIRMATIVE ACCEPTANCE OF SECTION 15 (DISPUTE RESOLUTION AND BINDING ARBITRATION) IS A CONDITION PRECEDENT TO ACTIVATION OF THE SERVICES. BY PROCEEDING ON OR AFTER MARCH 18, 2026, CUSTOMER CONFIRMS THAT IT HAS INDEPENDENTLY REVIEWED SECTION 15 IN ITS ENTIRETY AND EXPRESSLY AGREES TO THE BINDING ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH THEREIN. THIS ACKNOWLEDGMENT CONSTITUTES A SEPARATE AND SEVERABLE AGREEMENT TO ARBITRATE, INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT AND ENFORCEABLE ON ITS OWN TERMS.

2.2 Commercial Eligibility — No Consumer Use

The Services are made available exclusively to business entities and individuals operating in a commercial capacity. The Services are not intended for, and shall not be used by, persons acting in a personal, family, or household capacity. By using the Services, Customer expressly represents, warrants, and covenants on a continuing basis that: (a) Customer is a “merchant” as that term is used under applicable commercial law; (b) Customer is NOT a “consumer” as defined under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq., or any analogous state or federal consumer protection statute; (c) each transaction entered into hereunder is a business-to-business commercial transaction; and (d) Customer shall not permit any consumer to access the Platform through Customer’s account credentials. Any misrepresentation of Customer’s commercial or eligibility status constitutes a Material Breach of this Agreement.

2.3 Authority; Personal Liability of Accepting Individual

If Customer is a legal entity, the individual accepting these Terms on Customer’s behalf represents and warrants that such individual: (a) is at least eighteen (18) years of age; (b) has full legal authority to bind the entity to this Agreement; and (c) has obtained all required internal approvals, authorizations, and consents necessary to execute a binding commercial contract on the entity’s behalf. If such authority is absent or is subsequently challenged, the individual who accepted these Terms agrees to be personally and individually bound by each obligation of this Agreement, jointly and severally with the entity, to the fullest extent permitted by applicable law.

2.4 Amendments to Terms

MarketingAid reserves the right to amend these Terms at any time in its reasonable discretion. Amended Terms shall take effect thirty (30) days after a notice email is sent to Customer’s email address on file, except that amendments required by applicable law, a court order, or an urgent security threat may take effect immediately upon notice. If Customer objects in writing to [email protected] within fifteen (15) days of receipt of the notice email, the prior Terms shall continue to govern Customer’s account through the end of Customer’s then-current billing cycle, after which Customer must either accept the amended Terms or cancel in accordance with Section 5. Customer’s continued use of the Services after the effective date of any amended Terms constitutes Customer’s acceptance of such amendments, provided that “continued use” means at least one affirmative login to or use of the Services following the effective date of the amendment, and shall not be inferred from mere failure to cancel during any period in which Customer did not actively access the Services. For amendments that materially increase Customer’s financial obligations, expand Customer’s indemnification obligations, or modify Customer’s dispute resolution rights, MarketingAid shall require Customer’s affirmative in-product acknowledgment before the amended Terms take effect as to that Customer. If Customer neither accepts the amended Terms nor cancels the Services within five (5) business days following the end of the billing cycle during which the prior Terms continued to govern, MarketingAid may suspend access to the Services and may terminate this Agreement upon ten (10) days’ written notice. MarketingAid shall maintain a publicly accessible version history of prior Terms at its website and shall provide prior versions upon written request.

3. SERVICES

3.1 Scope of Services

MarketingAid shall provide the Services to Customer during each active Subscription Term commencing on or after March 18, 2026. The core Services include, without limitation: (a) website design, development, and hosting; (b) appointment scheduling tools and third-party calendar integrations; (c) subscription-based website infrastructure, maintenance, and security updates; (d) technical configuration, onboarding assistance, and ongoing customer support; and (e) such additional features and capabilities as MarketingAid may introduce from time to time at its discretion. The specific scope of Services available to Customer is governed by Customer’s selected subscription tier, any applicable Order Form, and any Add-On Services elected by Customer.

3.2 Changes to Services

MarketingAid reserves the right, in its sole discretion, to: (a) modify, update, or discontinue any feature or component of the Services upon thirty (30) days’ prior written notice for material changes; (b) introduce new features or capabilities, which may be subject to additional fees disclosed in advance; (c) substitute functionally equivalent technology; or (d) discontinue the Services in their entirety upon ninety (90) days’ written notice to Customer. MarketingAid shall use Commercially Reasonable Efforts to minimize disruption to Customer’s operations. Where MarketingAid discontinues the Services entirely, Customer shall receive a pro-rated refund of any prepaid Subscription Fees covering the period after the effective discontinuation date.

3.3 Beta Features

MarketingAid may make available Beta Features on a trial or preview basis. Beta Features are provided “AS IS” and “AS AVAILABLE” without any warranty, representation, or service level commitment of any kind. Customer’s use of any Beta Feature is entirely at Customer’s own risk. Notwithstanding the foregoing: (a) MarketingAid shall not use data collected through Customer’s use of Beta Features for any purpose other than improving those features or the Services generally; and (b) MarketingAid shall use Commercially Reasonable Efforts to provide at least seven (7) days’ advance written notice before discontinuing any Beta Feature upon which a Customer account has demonstrated material active usage.

3.4 Third-Party Services and Integrations

The Services may integrate with, depend upon, or otherwise interoperate with third-party platforms, tools, APIs, software, or service providers (collectively, “Third-Party Services”), including without limitation payment processors, domain registrars, calendar platforms, SMS carriers, and email delivery providers. MarketingAid: (a) makes no representations or warranties of any kind regarding the functionality, security, availability, or reliability of any Third-Party Services; (b) shall not be liable for any failure, interruption, data loss, security incident, or change in terms or pricing of any Third-Party Service; and (c) does not endorse any Third-Party Service. Customer’s access to and use of Third-Party Services is governed exclusively by the applicable terms, privacy policies, and fee schedules of those third parties. 3.5 Professional Advice Disclaimer Nothing in this Agreement or the Services constitutes legal, financial, tax, accounting, medical, or other licensed professional advice. Customer is solely responsible for ensuring that its business operations, content, and use of the Services comply with all applicable laws, regulations, and professional standards.

3.6 Add-On Services; SMS Appointment Reminder Functionality; TCPA Compliance and Opt-In Consent Architecture

MarketingAid may offer optional Add-On Services in addition to the core Services described in this Agreement. Each Add-On Service: (a) is subject to an additional fee disclosed to Customer at the time of election; (b) is governed by these Terms of Service (Version 14.0, Effective March 18, 2026) in their entirety unless MarketingAid provides a separate written Add-On Service Addendum expressly modifying specific provisions; (c) may be subject to additional regulatory requirements specific to that Add-On Service; (d) may be activated or discontinued by Customer through the account management portal or by written notice to [email protected]; and (e) shall be billed in accordance with Section 4, appearing as a separate line item on Customer’s invoice. Customer’s affirmative activation of any Add-On Service constitutes Customer’s acceptance of the fees and any additional terms disclosed at the time of activation. MarketingAid reserves the right to introduce, modify, or discontinue any Add-On Service upon thirty (30) days’ prior written notice to affected Customers. Opt-In Consent Architecture. The SMS appointment reminder Add-On Service is architected as a strictly opt-in system. MarketingAid’s Platform presents each end user with a clearly labeled opt-in mechanism bearing language that clearly and conspicuously discloses: (i) that the individual is consenting to receive automated SMS appointment reminder messages from Customer; (ii) the identity of Customer as the sender; (iii) an estimate of message frequency; and (iv) that consent is not a condition of any purchase, appointment, or service — at the point of appointment scheduling or customer registration, prior to the transmission of any SMS message. All four elements are required to satisfy prior express written consent under 47 C.F.R. § 64.1200(f)(9). No SMS message shall be transmitted through the Platform to any end user who has not affirmatively activated this opt-in mechanism. MarketingAid’s Platform is designed to: (a) record and timestamp each End User Opt-In Consent event; (b) associate the consent record with the consenting individual’s appointment or account record; (c) make consent records accessible to Customer through the account portal; and (d) automatically suppress SMS transmissions to any individual who has not provided End User Opt-In Consent or who has subsequently revoked consent. The foregoing describes MarketingAid’s intended platform architecture and does not constitute a warranty, representation, or guarantee of uninterrupted or error-free operation of any individual component; MarketingAid’s general disclaimer of warranties in Section 9.2 applies to all platform capabilities described in this Section, including the opt-in consent recording and suppression infrastructure. Customer acknowledges that MarketingAid’s opt-in architecture is designed to facilitate Customer’s TCPA compliance and constitutes a platform-level safeguard, but does not substitute for Customer’s independent legal obligation to ensure that the opt-in mechanism as deployed on Customer’s specific website, booking page, or customer-facing interface satisfies all applicable legal requirements. Customer’s TCPA Obligations. Where Customer elects to use SMS appointment reminder functionality as an Add-On Service, Customer represents, warrants, and covenants on a continuing basis that: (i) Customer has deployed the Platform’s opt-in mechanism in a manner that satisfies all elements of prior express written consent under 47 C.F.R. § 64.1200(f)(9), the TCPA, 47 U.S.C. § 227, the FCC’s implementing regulations at 47 C.F.R. Part 64, and any applicable state telemarketing or electronic communication laws, including without limitation the Florida Telephone Solicitation Act, Fla. Stat. § 501.059; (ii) Customer has not modified, obfuscated, or bypassed the Platform’s opt-in consent architecture; (iii) Customer shall honor all opt-out, revocation, and do-not-contact requests within the timeframe required by applicable law; (iv) Customer shall not import or introduce into the Platform any telephone number list obtained outside the Platform’s opt-in consent architecture without first verifying that each such number is accompanied by valid, documented prior express written consent; (v) all SMS message content originated or directed by Customer shall comply with all applicable laws; and (vi) Customer shall implement and maintain a compliant opt-out mechanism in all SMS communications and shall process opt-out requests without delay. Platform Role and TCPA Safe Harbor. The telecommunications fee charged for SMS Add-On Services covers MarketingAid’s infrastructure costs for SMS message delivery through third-party carrier networks and does not constitute a common carrier service, a regulated telecommunications service, or an assumption by MarketingAid of any regulatory compliance obligation with respect to message content, recipient consent, opt-out management, or any other TCPA or state telemarketing law requirement. MarketingAid acts as a technology intermediary that provides opt-in consent infrastructure and SMS delivery facilitation. MarketingAid does not warrant the delivery of any SMS message transmitted through the Services, as delivery depends on third-party carrier networks outside MarketingAid’s control, as further disclaimed in Section 9.2(h). Customer is the “sender” and “initiator” of all SMS messages transmitted through the Services for purposes of the TCPA and all applicable telecommunications regulations, including without limitation automated transactional appointment reminder messages, each of which constitutes a separately initiated communication for TCPA purposes regardless of whether it is part of a broader promotional effort. For purposes of this Section, “actual knowledge of a specific pattern of TCPA non-compliance” means MarketingAid has received: (a) written notice from a regulatory authority specifically identifying TCPA violations by that Customer account; or (b) five (5) or more written consumer complaints specifically alleging TCPA violations by the same Customer account within any ninety (90)-day period, and has failed to take reasonable remedial action following such notice or complaints. For purposes of clause (b), a “written consumer complaint specifically alleging TCPA violations” means a communication received by MarketingAid from an individual end user that: (i) is submitted in writing via email, postal mail, the account portal complaint form, or an equivalent written channel; (ii) identifies a specific telephone number that received an unwanted SMS message; and (iii) contains language reasonably indicating that the individual did not consent to receive SMS communications from the identified Customer account or is asserting a right under the TCPA or applicable state law. General opt-out requests processed through the Platform’s automated suppression systems, unspecified spam complaints, and social media posts not directly submitted to MarketingAid shall not constitute written consumer complaints for purposes of this Section. Where MarketingAid has not had actual knowledge of a specific pattern of TCPA non-compliance by a Customer prior to the transmission of the relevant message or series of messages, and has maintained the opt-in consent architecture described in this Section, MarketingAid shall be entitled to rely on the Customer indemnification set forth in Section 12.1(h) without limitation.

3.7 Google Calendar Integration; Authorization Scope and Data Handling

Authorization Scope Where Customer elects to integrate MarketingAid with Customer’s Google Calendar account for appointment management and synchronization, Customer authorizes MarketingAid to request access to the Google Calendar API scope https://www.googleapis.com/auth/calendar (the “Calendar Scope”). This scope permits MarketingAid to: — Read Customer’s calendar events, free/busy information, and calendar metadata — Write appointment confirmations, bookings, and related information to Customer’s calendar — Create and manage a dedicated calendar within Customer’s Google Calendar account (commonly titled “MarketingAid Appointments” or similar) for the exclusive purpose of syncing appointments booked through the Services The Calendar Scope does not permit MarketingAid to access Customer’s Gmail inbox, Google Drive, Contacts, or any other Google service. If MarketingAid requests additional scopes in the future for expanded functionality, MarketingAid shall provide Customer with clear advance notice identifying the new scope, explaining what data will be accessed, and obtaining Customer’s affirmative consent prior to any such expanded access. Customer may revoke MarketingAid’s access to the Calendar Scope at any time through the account settings portal or through Customer’s Google Account security settings at https://myaccount.google.com/permissions. Ownership of Calendar Data As between Customer and MarketingAid, Customer retains full ownership of all calendar events, appointments, and calendar data existing in Customer’s Google Calendar account. MarketingAid’s access to and use of such data is limited exclusively to the purpose of providing the Services as described in this Agreement. Customer is responsible for maintaining the security of Customer’s Google Account credentials and for promptly notifying MarketingAid of any suspected or confirmed unauthorized access to Customer’s calendar. Data Handling and Confidentiality MarketingAid commits to the following practices with respect to Customer’s calendar data: (a) No Commercial Exploitation. MarketingAid shall not sell, rent, license, share, or otherwise commercially exploit Customer’s calendar data or any information derived from Customer’s calendar for any purpose outside the scope of providing the Services. MarketingAid shall not use calendar data for advertising, marketing, lead generation, or any commercial purpose unrelated to the specific Services Customer has elected to use. (b) No Aggregation or Analytics for Third Parties. MarketingAid shall not aggregate, de-identify, or analyze Customer’s calendar data for the purpose of sharing insights, trends, benchmarks, or derived analytics with third parties, and shall not license such data or insights to third-party analytics, marketing, or data vendors. The aggregated, anonymized data rights reserved by MarketingAid in Section 7.2 of this Agreement (regarding Customer Content processed through the Services generally) expressly do not apply to calendar data accessed through the Google Calendar integration. (c) No Internal Use Beyond Service Delivery. Except as required by law or as expressly permitted for technical support, system maintenance, security, or platform improvement purposes directly related to the Services, MarketingAid shall not access, review, or analyze Customer’s calendar data for any internal business purpose, including without limitation product development, research, or business analytics, except to the minimum extent necessary to detect and remedy technical malfunctions affecting the appointment sync functionality. (d) Limited Internal Access. Access to Customer’s calendar data within MarketingAid’s systems is restricted to: (i) automated systems and processes necessary to perform the appointment synchronization functionality; (ii) MarketingAid personnel with a legitimate need to access the data for purposes of resolving a specific support ticket, investigating a technical malfunction, or addressing a confirmed security incident; and (iii) MarketingAid’s legal and compliance team, solely to the extent necessary to comply with a valid legal demand or court order. All MarketingAid personnel with access to calendar data are bound by written confidentiality obligations no less protective than those set forth in Section 13 of this Agreement. (e) Retention and Deletion Upon Disconnection. MarketingAid shall retain calendar data accessed through the Google Calendar integration solely for the duration of Customer’s active subscription and ongoing use of the Google Calendar sync feature. Upon Customer’s revocation of authorization, disconnection of the Google Calendar integration, cancellation of the Services, or termination of this Agreement, MarketingAid shall delete all cached, stored, or archived calendar data in its possession within thirty (30) days, except to the extent: (i) retention is required by applicable law or a valid legal hold; or (ii) the data is contained in automated backup or archival systems deleted in the ordinary course of MarketingAid’s standard backup rotation cycle, in no event exceeding ninety (90) days from the effective date of revocation or termination. Appointment entries that MarketingAid previously wrote to Customer’s Google Calendar account shall remain in Customer’s Google Calendar unless and until Customer manually deletes them. Google Data Privacy; No Warranty for Google Services Customer’s use of Google Calendar is governed by Google’s Terms of Service at https://www.google.com/intl/en/policies/terms/ and Google’s Privacy Policy at https://policies.google.com/privacy. MarketingAid is not responsible for, and makes no representation or warranty regarding: (a) the privacy, security, or reliability of Google’s services; (b) Google’s collection, use, retention, or disclosure of Customer data; (c) the availability or continued operation of Google Calendar or the Google Calendar API; or (d) any changes to Google’s terms, functionality, or service offerings. MarketingAid’s ability to provide the appointment synchronization feature is contingent upon Google’s continued operation of the Google Calendar API at levels of performance and availability acceptable for MarketingAid’s purposes. Should Google materially degrade, restrict, or discontinue the Google Calendar API or change its terms in a manner that makes continued operation of the Services materially more expensive or technically infeasible, MarketingAid may: (i) suspend or terminate the Google Calendar integration feature; (ii) modify the technical architecture of the integration; or (iii) in cases of complete discontinuation by Google, provide Customer with ninety (90) days’ written notice of MarketingAid’s inability to continue the feature, after which MarketingAid may discontinue the Google Calendar integration feature in accordance with Section 3.2 (Changes to Services). Any such discontinuation or modification shall not entitle Customer to a refund of Subscription Fees, as the fee structures reflect the Services’ core functionality independent of any specific third-party integration. Audit and Verification; Google API Compliance Customer acknowledges that MarketingAid’s use of the Google Calendar API is subject to Google’s API terms and audit requirements. MarketingAid commits to using the Google Calendar API in compliance with Google’s official API documentation and published policies, including without limitation the Google API Services User Data Policy available at https://developers.google.com/terms/api-services-user-data-policy. MarketingAid shall not: (a) request, collect, store, use, or transfer Customer data obtained through the Google Calendar API except as necessary to provide the Services and as expressly permitted in this Section 3.7; (b) reverse engineer, decompile, or attempt to derive any proprietary technology, data structures, or algorithms from the Google Calendar API or data accessed through it; (c) combine Calendar Scope data with data from other Google API scopes in a manner not permitted by Google’s policies; or (d) transfer Customer data to any third party except as required by law or as expressly authorized by Customer. If Google audits MarketingAid’s use of the Google Calendar API and identifies any non-compliance, MarketingAid shall promptly cure such non-compliance and provide Customer with written notice within five (5) business days of MarketingAid’s becoming aware of the audit findings. Updates to Google Authorization Scope Should MarketingAid determine that expanded access to Google Calendar data or access to additional Google API scopes is necessary to provide an enhanced or new feature, MarketingAid shall: (a) clearly describe the new functionality and data access required; (b) provide Customer with a minimum of thirty (30) days’ advance written notice; (c) obtain Customer’s affirmative consent before implementing any change to the authorization scope; and (d) honor Customer’s decision to continue using the Services with the current scope, provided such continued use does not materially impact the functionality of the core Services as of the notice date. If Customer objects to any expanded scope, Customer may continue to use the Services at the current scope level or may cancel in accordance with Section 5.1. TCPA Indemnification Allocation. Customer’s use of SMS Add-On Services shall indemnify and hold harmless each of the MarketingAid Parties against all TCPA claims, state telemarketing claims, FCC enforcement actions, and related regulatory or private litigation arising from Customer’s message campaigns, recipient lists, consent practices, opt-out management, or message content. For purposes of Section 12.1(h), “Customer’s deployment of the opt-in consent architecture” refers exclusively to Customer’s configuration, customization, presentation, and use of the opt-in mechanism on Customer’s websites, booking pages, and customer-facing interfaces. Any technical failure of the Platform’s underlying consent recording, timestamping, or suppression infrastructure shall not be subject to Customer indemnification under Section 12.1(h); such failures shall be governed by MarketingAid’s general liability obligations under this Agreement, including the limitation of liability in Section 11. This TCPA indemnification obligation shall survive termination of this Agreement without time limitation.

4. FEES, PAYMENT, AND BILLING

4.1 Activation Fee

Upon enrollment, Customer shall pay a one-time activation fee of One Hundred Ninety-Nine Dollars ($199.00 USD), or such other amount as expressly offered in writing at the time of enrollment and confirmed in the applicable Order Form. The activation fee is fully earned upon MarketingAid’s commencement of onboarding activities and is non-refundable in all circumstances. Customer expressly acknowledges that the activation fee constitutes adequate and independent consideration for MarketingAid’s onboarding services, separate from and in addition to any ongoing subscription obligations, and that MarketingAid would not have been willing to commence onboarding without payment of this fee. THE ACTIVATION FEE IS NON-REFUNDABLE IN ALL CIRCUMSTANCES. THE BILLING DISPUTE PROCEDURE IN SECTION 4.6 DOES NOT APPLY TO THE ACTIVATION FEE, WHICH IS NOT A DISPUTABLE CHARGE UNDER THAT SECTION REGARDLESS OF THE TIMING OF ANY DISPUTE NOTICE.

4.2 Subscription Fees; Automatic Renewal Disclosure

The core Services are provided on a monthly subscription basis. The Subscription Fee is Twenty-Nine Dollars ($29.00 USD) per month, or such other amount as specified in the applicable Order Form or pricing tier selected by Customer at enrollment. Add-On Service fees are charged separately and appear as distinct line items on Customer’s invoice. AUTOMATIC RENEWAL DISCLOSURE (FLORIDA STAT. § 501.165): Your subscription renews automatically at the end of each monthly billing cycle. Your designated payment method will be charged the then-current Subscription Fee and any elected Add-On Service fees on your recurring billing date without further authorization or advance notice, unless you cancel before the end of the then-current billing period in accordance with Section 5.1. You may cancel at any time through your account portal or by sending written notice to [email protected]. Add-On Services may be deactivated separately through the account portal without cancelling the core subscription. Subscription Fees and Add-On Service fees are billed in advance at the start of each billing cycle. Customer hereby authorizes MarketingAid and its designated payment processors to charge Customer’s payment method on file for all fees due under this Agreement as they become due. Customer’s failure to maintain a valid, non-expired payment method with sufficient available funds may result in suspension or termination of the Services at MarketingAid’s election.

4.3 Price Adjustments

MarketingAid may adjust the Subscription Fee or any Add-On Service fee prospectively upon no less than thirty (30) days’ prior written notice to Customer’s email address on file. Price adjustments apply solely to billing cycles commencing after the expiration of the thirty (30)-day notice period. No price adjustment shall apply retroactively to any billing cycle for which Customer has already been charged. Any price adjustment affecting existing customers during the Price Lock Period is subject to the conditions and limitations set forth in Section 4.3(a).

4.3(a) Existing Customer Price Lock — Good-Faith Commitment

MarketingAid values the trust that existing customers place in this platform. As a demonstration of that commitment, MarketingAid agrees, subject to the conditions and limitations set forth in this Section, that any increase to the Subscription Fee for the core Services shall not apply to existing Customer accounts during the Price Lock Period. This commitment reflects MarketingAid’s intention to honor the pricing expectations of customers who built their businesses on this platform, while preserving the operational flexibility required to sustain and improve the Services for all customers over time. Subject to the conditions and limitations set forth in this Section, MarketingAid agrees that any increase to the Subscription Fee for the core Services shall not apply to Customer’s then-current active account during the Price Lock Period. This commitment applies solely to the Subscription Fee for the specific subscription tier in which Customer was enrolled as of the date of the price increase notice and does not apply to any other fee, charge, or service offered by MarketingAid. For purposes of this Section: (a) the “Price Lock Period” means the twenty-four (24) consecutive months immediately following Customer’s original enrollment date, as recorded in MarketingAid’s account records at the time of Customer’s initial activation; (b) “enrolled tier” means the specific subscription tier Customer selected at enrollment, identified by its feature set and pricing as of the Effective Date of this Agreement or as of the date Customer first activated the Services, whichever is later; and (c) “existing customer” means a Customer whose account has been continuously active and in Good Financial Standing since the original enrollment date without any intervening cancellation, termination, or lapse in service. The price lock commitment is subject to the following conditions, each of which constitutes an independent limitation: (i) Tier Scope Only. The price lock applies solely to the Subscription Fee for Customer’s enrolled tier and does not lock the price, availability, or feature composition of that tier. MarketingAid reserves the right to modify, add, or remove features within any subscription tier at any time in accordance with Section 3.2. The price lock does not entitle Customer to receive any subsequently introduced subscription tier, feature set, or product offering at the locked rate. (ii) Add-On Services Excluded. The price lock does not apply to any Add-On Service fees, including without limitation the SMS appointment reminder Add-On, telecommunications fees, domain registration or renewal fees, or any other fee that is not the base monthly Subscription Fee for the core Services. Add-On Service fees may be adjusted at any time in accordance with Section 4.3. (iii) Continuous Active Status Required. The price lock applies only to accounts that have been continuously active and in Good Financial Standing since the original enrollment date. Any cancellation by Customer under Section 5.1, any termination by MarketingAid under Section 5.3, any suspension for non-payment or breach, or any voluntary or involuntary lapse in service for any reason shall permanently forfeit the price lock. A Customer who re-enrolls following any such cancellation, termination, or lapse shall be treated as a new customer for all pricing purposes and shall not be entitled to any previously locked rate, regardless of the reason for or duration of the prior lapse. (iv) Non-Transferable; Account-Specific. The price lock is personal to the specific Customer account to which it was originally granted. It does not transfer upon any assignment of this Agreement, any change of control of Customer’s business entity, any sale or transfer of Customer’s business assets, or any addition of new users or locations to the account. A successor entity, assignee, or transferee that activates new service through MarketingAid shall be treated as a new customer for all pricing purposes. (v) Forfeiture Upon Material Breach or AUP Violation. The price lock is immediately and permanently forfeited, without notice or cure period, upon any Material Breach of this Agreement or any violation of Section 8 (Acceptable Use Policy) by Customer. Forfeiture of the price lock does not constitute MarketingAid’s sole remedy for such breach and does not limit any other remedy available to MarketingAid under this Agreement or applicable law. (vi) Expiration at End of Price Lock Period. Upon the expiration of the Price Lock Period, Customer’s Subscription Fee shall automatically adjust to the then-current standard rate for the applicable subscription tier upon no less than thirty (30) days’ advance written notice to Customer’s email address on file. Continued use of the Services after the effective date of the rate adjustment following expiration of the Price Lock Period constitutes Customer’s acceptance of the adjusted rate. (vii) Extraordinary Cost Events. Notwithstanding the foregoing, MarketingAid reserves the right to apply a price adjustment to existing customer accounts during the Price Lock Period in the event of: (A) a regulatory change, tax, or governmental levy that directly increases MarketingAid’s cost of providing the Services and that is not within MarketingAid’s reasonable control; or (B) a change in third-party infrastructure, carrier, or platform costs that increases MarketingAid’s direct cost of service delivery by more than twenty-five percent (25%) on an annualized basis as documented by MarketingAid’s written records. Any price adjustment under this clause (vii) shall be limited to the amount necessary to recover the documented increased cost, shall not exceed fifteen percent (15%) of the then-locked Subscription Fee in any twelve (12)-month period, and shall be subject to the thirty (30)-day advance written notice requirement in Section 4.3. PRICE LOCK ACKNOWLEDGMENT: The price lock set forth in this Section is a conditional commitment personal to Customer’s enrolled account. It is automatically and permanently forfeited upon any cancellation, termination, suspension, Material Breach, or AUP violation, and expires at the end of the 24-month Price Lock Period. It does not apply to Add-On Services, price adjustments required by regulatory changes or extraordinary cost events exceeding 25% of service delivery costs, or any new subscription tier or feature set introduced after Customer’s original enrollment date.

4.4 Taxes

All fees stated in this Agreement are exclusive of any applicable federal, state, local, or foreign taxes, duties, levies, or similar governmental assessments (collectively, “Taxes”). Customer is solely responsible for the payment of all Taxes arising from or related to this Agreement, excluding any income taxes imposed on MarketingAid’s net income. Where required by applicable law, MarketingAid may collect and remit Taxes on Customer’s behalf, in which case such Taxes will appear as separate line items on Customer’s invoice. Customer shall provide MarketingAid with valid tax exemption documentation upon request and shall indemnify and hold harmless MarketingAid from any tax liability, interest, or penalties arising from Customer’s failure to timely pay applicable Taxes.

4.5 Late Payment; Collections

Any amount not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month (equivalent to eighteen percent (18%) per annum), or the maximum rate permitted by applicable law, whichever is lower, calculated from the original due date until paid in full. Without limiting any other remedy, MarketingAid reserves the right to: (a) suspend the Services upon non-payment following a five (5)-day grace period after the due date, provided that MarketingAid shall not suspend the Services solely on account of any amount that is the subject of a properly submitted, pending billing dispute under Section 4.6, unless and until MarketingAid has completed its review of such dispute and determined in good faith that no valid basis for dispute exists; (b) refer delinquent accounts to a third-party collection agency; and (c) report delinquent accounts to applicable credit reporting agencies. Customer shall reimburse MarketingAid for all reasonable costs and expenses incurred in collecting overdue amounts, including attorneys’ fees, court costs, and collection agency fees, to the extent permitted by applicable law.

4.6 Billing Disputes; Mandatory Pre-Dispute Procedure

Customer must notify MarketingAid in writing at [email protected] within thirty (30) days of confirmed delivery of an invoice of any dispute regarding a charge appearing on that invoice. For the avoidance of doubt, the billing dispute procedure in this Section does not apply to the Activation Fee, which is non-refundable in all circumstances as set forth in Section 4.1 and is not subject to dispute as a “charge” under this Section regardless of the timing of any dispute notice. MarketingAid shall respond to properly submitted billing disputes within ten (10) business days and shall work in good faith to resolve legitimate disputes promptly. Customer acknowledges that the obligation to notify MarketingAid before initiating a Chargeback is a material contractual obligation, not a limitation on any payment network right Customer may independently hold. Customer agrees not to initiate a Chargeback without first completing the foregoing dispute procedure. A Chargeback initiated without completing this procedure constitutes a breach of this Agreement, but shall not constitute a Material Breach unless: (a) the disputed amount was not the subject of a good-faith dispute recognized by MarketingAid following its review; or (b) Customer has previously initiated a Chargeback within the same twelve (12)-month period. For non-Material procedural breaches of this Section, MarketingAid’s remedies are limited to: (i) a Chargeback processing fee of Fifty Dollars ($50.00) per occurrence; and (ii) suspension of Services pending resolution. Customer remains liable for all properly owed amounts regardless of the outcome of any Chargeback proceeding.

4.7 Invoices; Deemed Acceptance; Post-Invoice Service Failure Exception

MarketingAid shall make electronic invoices available to Customer through the account portal. Any invoice not disputed by Customer in writing within thirty (30) days of confirmed delivery to Customer’s email address on file shall be deemed accepted by Customer and shall constitute a liquidated, undisputed commercial debt. For purposes of this Section, “confirmed delivery” means either: (a) email transmission to Customer’s email address on file without receipt of a non-delivery notification by MarketingAid within twenty-four (24) hours of transmission; or (b) three (3) business days after deposit in the United States Postal Service, sent by certified mail to Customer’s address on file. Notwithstanding the foregoing, where a Customer’s basis for dispute arises from a service interruption, outage, data loss, or material service failure occurring after the date of invoice delivery for which the disputed invoice was issued, the thirty (30)-day dispute period shall run from the later of: (a) confirmed delivery of the invoice; or (b) the date on which the service interruption or failure giving rise to the dispute was resolved or conclusively determined to be unresolvable. This discovery exception applies solely to disputes arising from post-invoice service failures affecting the billing period covered by that invoice.

5. TERM, CANCELLATION, AND TERMINATION

5.1 Customer Cancellation

Customer may cancel the Services at any time, without cause, by either: (a) submitting a written cancellation request to [email protected] from Customer’s account-registered email address; or (b) completing the self-service cancellation workflow available through the account management portal. Add-On Services may be deactivated independently of the core subscription through the account management portal. MarketingAid shall confirm receipt of a valid cancellation request within two (2) business days. Cancellation of the core subscription is effective as of the last day of the then-current billing cycle in which the confirmed cancellation request is received. NO PRORATED REFUNDS WILL BE ISSUED FOR ANY UNUSED PORTION OF A PREPAID SUBSCRIPTION PERIOD. Upon a valid cancellation, Customer’s sole entitlement is continued access to the Services through the end of the then-current paid billing cycle. Cancellation also permanently forfeits any existing customer price lock under Section 4.3(a). Any subsequent re-enrollment will be at the then-current standard rates.

5.2 Effects of Expiration or Termination

Upon the effective date of any expiration, cancellation, or termination of this Agreement, for any reason: (a) all rights, licenses, and permissions granted to Customer under this Agreement shall immediately and automatically terminate; (b) Customer’s access to the Services, Platform, account portal, and all hosted websites shall be disabled and deactivated; (c) Customer’s hosted websites shall be taken offline and rendered inaccessible to end users; (d) all outstanding and accrued fees shall become immediately due and payable; and (e) MarketingAid shall retain all Customer Content for a period of thirty (30) days following the effective termination date (the “Retention Period”), after which Customer Content shall be permanently deleted from MarketingAid’s active systems. Residual copies in automated backup or archival systems shall be deleted in the ordinary course of MarketingAid’s standard backup rotation cycle, in no event exceeding ninety (90) days from the termination date. MarketingAid may retain Customer Content beyond these periods solely to the extent required by applicable law, a binding court order, or an active litigation hold. Customer is solely responsible for exporting and preserving all Customer Content prior to the effective termination date. Upon Customer’s written request received during the Retention Period, and subject to Customer’s account being in Good Financial Standing as defined in Section 1, MarketingAid shall make Customer Content available for download in a standard exportable format within five (5) business days of such request. Notwithstanding the Good Financial Standing requirement, MarketingAid may withhold Customer Content access during the Retention Period where: (a) Customer has been terminated for an Incurable Breach; or (b) a court of competent jurisdiction or arbitrator has issued a written order restraining Customer’s access to data pending resolution of a claim arising from Customer’s Material Breach. In all other termination scenarios, Customer’s right to data access during the Retention Period shall not be conditioned on resolution of the underlying breach.

5.3 Termination for Cause by MarketingAid

MarketingAid may terminate this Agreement immediately and without prior notice upon the occurrence of any Incurable Breach. For all other Material Breaches, MarketingAid may terminate upon ten (10) days’ prior written notice if the breach has not been cured. MarketingAid may also terminate upon the occurrence of any of the following: (a) a payment failure constituting a Material Breach as defined in Section 1; (b) conduct that results in a formal regulatory investigation or proceeding naming MarketingAid as a respondent or party; written complaints from three (3) or more unrelated third parties regarding Customer’s use of the Platform within any thirty (30)-day period, subject to the complaint procedure in Section 5.4; or a written notice from MarketingAid’s payment processors, hosting providers, or insurance carriers that continued association with Customer’s account will result in termination of such provider’s relationship with MarketingAid; (c) submission of a fraudulent Chargeback constituting a Material Breach under Section 4.6; (d) Customer’s insolvency, assignment for the benefit of creditors, or the commencement of any voluntary or involuntary bankruptcy, receivership, or similar proceeding; or (e) unauthorized use or reproduction of any Platform component. Upon any termination for cause, MarketingAid shall, within five (5) business days of the effective termination date, deliver to Customer a written election of its monetary remedy, selecting either: (i) liquidated damages equal to the greater of (A) three (3) months of the then-current Subscription Fee, or (B) MarketingAid’s documented direct costs of onboarding, configuration, and infrastructure provisioning attributable to Customer’s account, not to exceed One Thousand Five Hundred Dollars ($1,500.00) without written itemized documentation; or (ii) actual proven damages, without reference to or limitation by the liquidated amount. Failure to deliver a written election within five (5) business days shall be deemed an election of actual damages. Payment of the elected monetary amount shall be due within fifteen (15) days of delivery of the election notice, unless Customer initiates arbitration under Section 15 within that fifteen (15)-day period, in which case the payment obligation shall be stayed pending the arbitrator’s final award.

5.4 Complaint Procedure Prior to AUP-Based Termination

Prior to terminating Customer’s account solely on the basis of third-party complaints under Section 5.3(b), and except where immediate action is required, MarketingAid shall: (a) provide Customer with written notice of the complaint(s) received within five (5) business days; (b) afford Customer seven (7) business days to respond in writing; and (c) make a good-faith determination based on the complaint(s) and Customer’s response before proceeding with any termination action. For purposes of this Section, “immediate action is required” means that MarketingAid has a reasonable, documented basis to believe that: (i) continued access by Customer poses an active and ongoing security threat to the Platform or to other customers’ data; (ii) the complained-of conduct constitutes or is imminently likely to constitute an Incurable Breach; or (iii) a regulatory or legal authority has issued or threatened to issue an order requiring immediate action. This procedure does not apply to Incurable Breaches.

5.5 Suspension Pending Investigation

MarketingAid reserves the right to suspend Customer’s access to the Services at any time, without prior notice, pending a good-faith investigation of any suspected Material Breach, Incurable Breach, or payment failure. Suspension does not relieve Customer of any payment obligation that accrues during the suspension period. If MarketingAid determines that Customer was not in breach and that suspension was not justified, Customer’s sole remedy shall be restoration of the Services and a pro-rated credit for the period of unjustified suspension, applied to Customer’s next invoice.

5.6 Survival

The following provisions shall survive any expiration or termination of this Agreement, together with all rights and obligations accrued prior to termination: Sections 1, 4 (outstanding payment obligations), 4.3(a) (solely as to the forfeiture provisions and any price lock obligations that accrued prior to termination), 5.2, 5.3, 7, 8, 9, 10, 11, 12 (including without limitation the TCPA indemnification in Section 3.6, which survives without time limitation), 13, 14, 15, 16, Section 17 (solely as to any Force Majeure Event that commenced prior to the effective termination date, including any refund obligations arising from a Force Majeure Event that was ongoing at the time of termination regardless of which party initiated the termination), 18, and 19. For purposes of this Section, a right or obligation shall be deemed to have “accrued prior to termination” if: (a) in the case of payment obligations, the applicable billing cycle commenced or the fee became due prior to the effective termination date; (b) in the case of indemnification obligations, the underlying act, omission, or event giving rise to the potential indemnification claim occurred prior to the effective termination date, regardless of when a claim based on that act, omission, or event is asserted; and (c) in the case of confidentiality obligations, the disclosure of Confidential Information occurred prior to the effective termination date. Where any surviving Section specifies an express time limitation on its duration, that time limitation controls over this general survival provision.

6. DOMAIN NAMES

6.1 Registration; Customer as Registrant of Record

Where MarketingAid facilitates domain name registration on Customer’s behalf, MarketingAid shall register the domain with Customer listed as the registrant of record and administrative contact. MarketingAid shall not designate itself as registrant, technical contact, or billing contact in any manner that would confer on MarketingAid any ownership priority or control rights over the domain. Domain availability, registration requirements, dispute resolution procedures, and transfer policies are governed by the applicable third-party registrar and ICANN policies, over which MarketingAid has no authority or control. 6.2 Ownership; Renewal Obligations As between the parties, Customer is and shall at all times remain the sole legal owner of any domain name registered on its behalf. Customer is solely responsible for: (a) timely payment of all renewal fees; (b) maintaining accurate and current registrant contact information with the applicable registrar; (c) monitoring domain expiration dates; and (d) responding to and completing any registrar-initiated verification or administrative requests. MarketingAid shall not be liable for the expiration, loss, suspension, or transfer of any domain name arising from Customer’s failure to fulfill any of the foregoing responsibilities.

6.3 Transfers

Customer may request transfer of any domain registered on its behalf to a third-party registrar at any time. Upon receipt of a written transfer request, MarketingAid shall provide Customer with all reasonably necessary authorization codes and technical information within five (5) business days. MarketingAid may charge an administrative transfer processing fee not to exceed Twenty-Five Dollars ($25.00) per domain. Domain transfers are subject to the policies, timelines, and verification requirements of the applicable registrars and ICANN, which are outside MarketingAid’s control.

7. INTELLECTUAL PROPERTY

7.1 MarketingAid Ownership of the Platform

All right, title, and interest in and to the Platform — including, without limitation, all software in object and source code form, algorithms, APIs, databases, templates, configurations, systems architecture, design elements, methodologies, know-how, trade secrets, and all modifications, enhancements, improvements, and derivative works thereof, whether created before, during, or after the Subscription Term — are and shall remain the sole and exclusive property of MarketingAid or its licensors. Nothing in this Agreement shall be construed as a transfer, assignment, or sale of any ownership interest in the Platform or any component thereof. All rights not expressly granted herein are reserved by MarketingAid. Subject to Customer’s compliance with this Agreement and timely payment of all fees, MarketingAid grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely as necessary to receive the Services during the active Subscription Term. This license shall automatically and immediately terminate upon the expiration or termination of this Agreement for any reason, without further action required by MarketingAid. UPON EXPIRATION OR TERMINATION OF THIS AGREEMENT FOR ANY REASON, CUSTOMER SHALL HAVE NO RIGHT TO EXPORT, REPRODUCE, COPY, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR IN ANY WAY REPLICATE OR RECONSTRUCT THE PLATFORM OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION MARKETINGAID’S PROPRIETARY TEMPLATES, THEME CODE, CSS, JAVASCRIPT, SYSTEM CONFIGURATIONS, DATABASE SCHEMAS, OR ANY ASSOCIATED INFRASTRUCTURE. ANY VIOLATION OF THIS PROVISION CONSTITUTES WILLFUL COPYRIGHT INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION, ENTITLING MARKETINGAID TO PURSUE STATUTORY DAMAGES, INJUNCTIVE RELIEF, AND RECOVERY OF ATTORNEYS’ FEES UNDER APPLICABLE LAW.

7.2 Customer Ownership of Customer Content; Aggregated Data Rights

As between the parties, Customer retains all ownership rights in and to Customer Content. Customer hereby grants MarketingAid a limited, non-exclusive, royalty-free, worldwide license, during the Subscription Term and the Retention Period, to host, store, reproduce, display, transmit, adapt (solely for formatting and technical compatibility purposes), and otherwise process Customer Content to the extent reasonably necessary to: (a) provide the Services; (b) comply with applicable law; and (c) exercise MarketingAid’s rights under this Agreement. Customer represents and warrants that: (i) Customer has all necessary rights, licenses, and permissions to submit Customer Content and to grant the foregoing license; (ii) Customer Content does not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, privacy rights, or other rights of any third party; (iii) Customer Content is not defamatory, obscene, fraudulent, threatening, or otherwise unlawful under applicable law; and (iv) Customer Content complies with all applicable laws and regulations. Notwithstanding any other provision of this Agreement, MarketingAid reserves the right to collect, aggregate, and use data derived from Customer’s use of the Services in anonymized, de-identified form — in a manner that does not identify Customer, any Authorized User, or any individual data subject — for the purposes of: (a) improving the Platform and Services; (b) developing new features and capabilities; (c) generating industry benchmarks and statistical analyses; and (d) marketing and business development activities. For purposes of this Section, “anonymized, de-identified form” means data processed in accordance with the de-identification standards set forth in CCPA/CPRA Cal. Civ. Code § 1798.140(m), GDPR Recital 26, and, where applicable, HIPAA 45 C.F.R. § 164.514(b), such that the data cannot reasonably identify, relate to, or be linked to Customer, any Authorized User, or any individual data subject. The reference to HIPAA’s de-identification standard in this Section does not constitute a representation that the Services are HIPAA-compliant absent an executed BAA under Section 14.7, and does not create any Business Associate relationship between the parties absent such executed BAA.

7.3 Feedback; Assignment

If Customer provides MarketingAid with any feedback, suggestions, ideas, or recommendations regarding the Services or the Platform (collectively, “Feedback”), Customer hereby irrevocably assigns to MarketingAid all right, title, and interest in and to such Feedback, including all Intellectual Property Rights therein, effective as of the time of disclosure. MarketingAid may use, disclose, reproduce, license, distribute, and otherwise exploit any Feedback without restriction, without attribution, and without any obligation of compensation or accounting to Customer.

7.4 Trademarks

The “MarketingAid” name, logo, and all related marks, names, trade dress, and product names are trademarks and service marks of MarketingAid Solutions FL, LLC (collectively, “MarketingAid Marks”). Customer is not granted any license or right to use any MarketingAid Mark except as expressly set forth in a separate written authorization signed by a duly authorized officer of MarketingAid. Any unauthorized use of MarketingAid Marks constitutes trademark infringement and unfair competition under applicable federal and state law.

8. ACCEPTABLE USE

Customer shall not, and shall ensure that its Authorized Users do not, use the Services to: (a) violate any applicable federal, state, local, or international law or regulation, including without limitation export control laws, economic sanctions, anti-money laundering laws, the TCPA, HIPAA, and data protection laws; (b) infringe, misappropriate, or otherwise violate the Intellectual Property Rights, privacy rights, or other proprietary rights of any third party; (c) upload, transmit, distribute, or store any malicious code, computer viruses, worms, Trojan horses, ransomware, spyware, or other harmful or disruptive software or technology; (d) host, distribute, or transmit any content that is unlawful, defamatory, harassing, obscene, fraudulent, tortious, or otherwise objectionable under applicable law, including without limitation CSAM or content that facilitates human trafficking, exploitation, or abuse; (e) store, transmit, or process any protected health information (as defined under HIPAA, 45 C.F.R. § 160.103) through the Services without a valid executed Business Associate Agreement pursuant to Section 14.7; (f) engage in unauthorized data collection, harvesting, scraping, or extraction from the Platform, third-party systems, or Customer accounts without authorization; (g) attempt to gain unauthorized access to any account, system, network, or data, including MarketingAid’s internal infrastructure; (h) conduct any penetration testing, vulnerability scanning, or security assessment of the Platform or MarketingAid’s infrastructure without MarketingAid’s prior written authorization; (i) impersonate any person or entity, or misrepresent Customer’s identity, affiliation, or authority in any communication; (j) engage in unsolicited bulk commercial messaging (spam), phishing, spoofing, or any other deceptive communication practice; (k) send SMS messages or other electronic communications to individuals who have not provided End User Opt-In Consent as defined in Section 1, or who have opted out of such communications, or bypass, modify, or circumvent the Platform’s opt-in consent architecture described in Section 3.6; (l) present, market, or offer the Platform or any output thereof to any third party as Customer’s own proprietary product, technology, or service (white-labeling) without MarketingAid’s prior written consent; (m) operate or promote any multi-level marketing arrangement, pyramid scheme, Ponzi scheme, or fraudulent investment opportunity; (n) interfere with, degrade, or disrupt the integrity, performance, or availability of the Services, the Platform, or any connected network or system, including by means of a DDoS attack or similar method; (o) sublicense, resell, or otherwise commercialize access to the Platform or any component thereof without MarketingAid’s prior written consent; or (p) remove, alter, obscure, or circumvent any proprietary notice, watermark, or access control mechanism on the Platform or any output thereof. MarketingAid reserves the right — but not the obligation — to monitor Customer’s use of the Services for compliance with this Section, remove any Customer Content that violates this Section, and suspend or terminate access in accordance with Section 5. MarketingAid may report suspected violations to applicable law enforcement authorities without prior notice to Customer and without incurring any liability therefor.

9. WARRANTIES AND DISCLAIMERS

9.1 Mutual Representations and Warranties

Each party represents and warrants to the other party, as of the Effective Date of March 18, 2026 and on a continuing basis throughout the Subscription Term, that: (a) it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation or organization; (b) it has full legal power and authority to enter into, perform, and be bound by this Agreement; (c) this Agreement has been duly authorized by all necessary corporate, organizational, or governmental action and constitutes a legal, valid, and binding obligation enforceable against it in accordance with its terms; and (d) neither the execution nor the performance of this Agreement will conflict with or violate any applicable law, regulation, court order, judgment, or agreement to which the representing party is a party or by which it is bound.

9.2 Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 9.1, THE SERVICES AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. MARKETINGAID EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Without limiting the foregoing, MarketingAid does not warrant that the Services will: (a) achieve any particular search engine ranking, organic traffic level, domain authority score, or digital marketing outcome; (b) generate any specific volume of appointment bookings, customer inquiries, leads, or business results of any kind; (c) increase Customer’s revenues, profits, conversion rates, or business performance in any respect; (d) operate without interruption, downtime, error, data loss, or security incident at any time; (e) satisfy any specific uptime percentage or response time requirement absent a separately executed written service level agreement; (f) be compatible with all browsers, devices, operating systems, or third-party integrations; (g) be free from defects, bugs, errors, or security vulnerabilities at any time; or (h) ensure delivery or receipt of any SMS message sent through the Services, as SMS delivery depends on third-party carrier networks outside MarketingAid’s control. MarketingAid’s provision of the opt-in consent architecture described in Section 3.6 does not constitute a warranty that such architecture, as deployed by Customer on Customer’s specific website or booking interface, satisfies all applicable TCPA or state telemarketing requirements in Customer’s jurisdiction or industry. Customer expressly acknowledges that: (a) no officer, employee, agent, contractor, or representative of MarketingAid has authority to make any warranty, representation, or commitment regarding the Services beyond what is expressly set forth in this Agreement; (b) Customer has not relied upon any oral or written statement, demonstration, projection, or representation made outside the four corners of this Agreement in deciding to enter into it or in paying the Activation Fee; and (c) any such reliance would have been unreasonable in light of the comprehensive disclaimers in this Section 9.2.

10. SERVICE AVAILABILITY

MarketingAid shall use Commercially Reasonable Efforts to maintain continuous availability of the Services. Notwithstanding the foregoing, MarketingAid shall not be liable for any service interruption, degradation, or inaccessibility arising from: (a) scheduled maintenance windows, for which MarketingAid shall use Commercially Reasonable Efforts to provide forty-eight (48) hours’ advance written or electronic notice; (b) emergency maintenance required to address security vulnerabilities, data integrity risks, or active attacks on MarketingAid’s infrastructure; (c) failures of third-party hosting providers, content delivery networks, SMS carriers, or infrastructure vendors beyond MarketingAid’s reasonable control; (d) distributed denial-of-service attacks or other cybersecurity incidents; (e) failures of internet service providers, telecommunications carriers, or backbone networks; (f) acts or omissions of Customer or its Authorized Users, including misconfiguration, excessive resource usage, or policy violations; or (g) service suspension or shutdown required by applicable law, court order, or regulatory authority. Absent a separately executed, written service level agreement signed by a duly authorized officer of MarketingAid, no minimum uptime guarantee of any kind applies to the Services.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MARKETINGAID PARTIES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND; (B) LOSS OF REVENUE, PROFITS, SAVINGS, OR BUSINESS OPPORTUNITY; (C) LOSS OF DATA, GOODWILL, OR REPUTATION; (D) BUSINESS INTERRUPTION OR LOSS OF USE; OR (E) COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY — REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE) AND REGARDLESS OF WHETHER THE MARKETINGAID PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MARKETINGAID PARTIES’ TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OR THEORY OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES ACTUALLY RECEIVED BY MARKETINGAID FROM CUSTOMER DURING THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE SPECIFIC EVENT GIVING RISE TO THE CLAIM; OR (B) TWO HUNDRED FIFTY DOLLARS ($250.00). THE ACTIVATION FEE AND ANY ADD-ON SERVICE FEES SHALL BE EXCLUDED FROM THE CALCULATION OF THIS CAP. Notwithstanding the foregoing, nothing in this Section operates to limit liability for: (a) death or personal injury caused by that party’s gross negligence or willful misconduct; (b) fraud or intentional fraudulent misrepresentation; (c) liability imposed by the Telephone Consumer Protection Act, 47 U.S.C. § 227, or regulations promulgated thereunder, to the extent such liability is imposed by applicable law and cannot be contractually limited; (d) mandatory fines or penalties imposed under applicable data protection or privacy regulations, including GDPR Article 83 fines or FIPA § 501.171 penalties; or (e) liability under any other federal or state statute that expressly prohibits contractual limitation of liability for violations thereof. The limitations and exclusions set forth in this Section: (i) reflect a reasonable allocation of risk between sophisticated commercial parties; (ii) are a material inducement for MarketingAid to offer the Services at the pricing set forth herein; (iii) apply notwithstanding any failure of essential purpose of any limited remedy set forth elsewhere in this Agreement; and (iv) shall be given full effect to the maximum extent permitted by applicable law.

12. INDEMNIFICATION

12.1 Customer’s Indemnification Obligations

Customer shall defend, indemnify, and hold harmless each of the MarketingAid Parties from and against any and all third-party claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and disbursements) (collectively, “Losses”) arising out of or relating to: (a) Customer Content or Customer’s products, services, or business operations; (b) Customer’s use or misuse of the Services or Platform; (c) Customer’s breach of any representation, warranty, covenant, or other obligation under this Agreement; (d) Customer’s violation of any applicable law, regulation, or third-party right, including any Intellectual Property Right, privacy right, or telecommunications law including the TCPA; (e) any claims asserted by Customer’s end users arising from Customer’s business activities or Customer Content; (f) Customer’s unauthorized use of the Platform beyond the scope of the license granted in Section 7.1; (g) Customer’s fraudulent conduct, including without limitation any unauthorized Chargeback; or (h) any TCPA claim, FCC enforcement action, state telemarketing claim, or related regulatory or private litigation arising from Customer’s SMS message campaigns, recipient lists, consent practices, opt-out management, or message content transmitted through the SMS Add-On Service. For purposes of clause (h), “Customer’s deployment of the opt-in consent architecture” refers exclusively to Customer’s configuration, customization, presentation, and use of the opt-in mechanism on Customer’s websites, booking pages, and customer-facing interfaces. Any technical failure of the Platform’s underlying consent recording, timestamping, or suppression infrastructure shall not be subject to Customer indemnification under this clause (h) and shall instead be governed by MarketingAid’s general liability obligations under this Agreement, including the limitation of liability in Section 11. Customer expressly acknowledges that these indemnification obligations were a material inducement for MarketingAid to offer the Services at the stated pricing. 12.2 MarketingAid’s Indemnification Obligations MarketingAid shall defend, indemnify, and hold harmless Customer from and against any third-party Losses arising from a claim that the Platform, as provided by MarketingAid and used by Customer in strict accordance with this Agreement, infringes any patent, copyright, trademark, or trade secret recognized under applicable law in any jurisdiction in which MarketingAid has authorized Customer to use the Services. MarketingAid’s obligations under this Section 12.2 shall not apply to any Losses arising from: (a) modification of the Platform by Customer or any third party not authorized by MarketingAid; (b) use of the Platform in combination with hardware, software, data, or services not provided or approved by MarketingAid, where the infringement would not have occurred but for such combination; (c) Customer’s failure to implement a non-infringing substitute or update provided by MarketingAid within a commercially reasonable time; (d) Customer Content or Customer’s specific technical requirements or instructions; or (e) any claim based solely on Customer’s continued use of the Platform after the effective termination of this Agreement, where such continued use was unauthorized. MarketingAid’s maximum aggregate liability under this Section 12.2 shall not exceed the greater of: (i) the Subscription Fees paid by Customer in the twelve (12) months preceding the claim; or (ii) Five Thousand Dollars ($5,000.00). This Section 12.2 states MarketingAid’s entire obligation and Customer’s sole and exclusive remedy with respect to any third-party intellectual property infringement claim involving the Platform.

12.3 Indemnification Procedure

The party seeking indemnification (the “Indemnified Party”) shall: (a) promptly notify the indemnifying party (the “Indemnifying Party”) in writing of any claim for which indemnification is sought, provided that the Indemnifying Party’s obligations shall not be excused by a failure to provide timely notice unless and only to the extent the Indemnifying Party is materially and demonstrably prejudiced by such delay; (b) grant the Indemnifying Party the right to assume sole control of the defense and settlement of the claim at the Indemnifying Party’s cost and expense; and (c) provide reasonable cooperation and assistance to the Indemnifying Party, including making relevant personnel, records, and information available at no unreasonable expense to the Indemnified Party. The Indemnified Party shall have the right, but not the obligation, to participate in the defense at its own expense with counsel of its own choosing. Neither party shall agree to any settlement that imposes any obligation, restriction, or liability on the other party without the other party’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.

12.4 Defense Cost Advancement

IMPORTANT WAIVER NOTICE: BY ACCEPTING THIS AGREEMENT ON OR AFTER MARCH 18, 2026, CUSTOMER EXPRESSLY, KNOWINGLY, AND VOLUNTARILY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO WITHHOLD, CONDITION, DELAY, OR OFFSET THE ADVANCEMENT OF DEFENSE COSTS UPON MARKETINGAID’S WRITTEN DEMAND, PENDING THE RESOLUTION OF ANY UNDERLYING INDEMNIFICATION CLAIM. CUSTOMER ACKNOWLEDGES THAT THIS WAIVER HAS BEEN SPECIFICALLY BROUGHT TO CUSTOMER’S ATTENTION AND THAT CUSTOMER HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING IT. Customer’s obligation to advance defense costs upon MarketingAid’s written demand constitutes a separate, independent contractual debt obligation, not contingent upon any preliminary or final finding of liability. Upon MarketingAid’s written demand, Customer shall advance defense costs in quarterly installments not to exceed the lesser of: (a) Two Thousand Five Hundred Dollars ($2,500.00) per calendar quarter; or (b) fifty percent (50%) of Customer’s total payments to MarketingAid in the twelve (12) months immediately preceding the demand. The quarterly installment caps and the aggregate cap apply cumulatively across all pending proceedings and all outstanding advancement demands against a single Customer account at any given time, such that Customer’s total advancement obligation across all simultaneously pending matters shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) per calendar quarter in the aggregate. Customers whose total annual payments to MarketingAid are less than Five Hundred Dollars ($500.00) shall not be required to advance more than One Hundred Fifty Dollars ($150.00) per quarter across all pending matters in the aggregate. The defense cost advancement obligation shall not apply to any Customer whose total aggregate payments to MarketingAid over the lifetime of the account do not exceed Three Hundred Dollars ($300.00) at the time of the written demand. Total advancement obligations shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate across all proceedings absent a separate written agreement executed by both parties. Customer’s failure to advance any installment within fifteen (15) days of a written demand constitutes an independent, immediately actionable breach, entitling MarketingAid to seek immediate judicial enforcement without first completing the informal resolution procedure in Section 15.1. All advancement amounts are subject to full reimbursement to Customer only if and when a final, non-appealable judgment or award determines that Customer bore no indemnification obligation with respect to the underlying claim.

12.5 Indemnification Claims Limitations Period

No claim for indemnification under this Section 12 shall be brought or asserted more than the earlier of: (a) twelve (12) months after the date on which the Indemnified Party first had actual knowledge of the facts giving rise to the indemnification claim; or (b) twenty-four (24) months after the effective date of expiration or termination of this Agreement. Any indemnification claim not asserted within this period shall be forever barred and extinguished. Notwithstanding the foregoing, this limitations period shall not apply to: (i) claims arising under Section 3.6 related to TCPA violations, for which indemnification claims may be asserted at any time prior to the expiration of the applicable statute of limitations for TCPA claims in the relevant jurisdiction; or (ii) claims that could not reasonably have been discovered through the exercise of reasonable diligence within the applicable period.

12.6 Insurance

Customers whose aggregate annual payments to MarketingAid equal or exceed Two Thousand Dollars ($2,000.00) shall, prior to first accessing the Services and continuously throughout the Subscription Term, maintain commercial general liability insurance in an amount of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. Customers whose aggregate annual payments are less than Two Thousand Dollars ($2,000.00) shall either: (a) maintain commercial general liability insurance in an amount of no less than Five Hundred Thousand Dollars ($500,000.00) per occurrence with MarketingAid named as an additional insured; or (b) provide MarketingAid with a written certification, signed by an authorized representative of Customer, that Customer’s business operations do not involve physical premises open to the public, employees or independent contractors performing on-site work, or activities that create material third-party bodily injury or property damage liability exposure, in which case the insurance obligation is waived for that Customer until MarketingAid provides reasonable written notice that coverage is required. In all cases where insurance is required, Customer shall: (i) name MarketingAid Solutions FL, LLC as an additional insured on the applicable policy; (ii) ensure the policy is non-cancellable and may not be materially altered without at least thirty (30) days’ prior written notice to MarketingAid as additional insured; and (iii) furnish a certificate of insurance evidencing full compliance within ten (10) days of MarketingAid’s written request. Customer’s failure to maintain required coverage and furnish evidence within ten (10) days of a written request constitutes a Material Breach entitling MarketingAid to immediate termination.

13. CONFIDENTIALITY

13.1 Confidentiality Obligations

Each party, as a Receiving Party, agrees to: (a) hold the Disclosing Party’s Confidential Information in strict confidence, using at minimum the same degree of care it applies to its own confidential information of comparable sensitivity, and in no event less than reasonable care; (b) use the Disclosing Party’s Confidential Information solely to fulfill its obligations or exercise its rights under this Agreement; and (c) not disclose the Disclosing Party’s Confidential Information to any third party without the Disclosing Party’s prior written consent, except to the Receiving Party’s employees, officers, contractors, and professional advisors who have a legitimate need to know for purposes of this Agreement and who are bound by written confidentiality obligations at least as protective as those set forth herein. Each party shall be responsible for any breach of this Section by its employees, officers, contractors, or advisors to whom Confidential Information is disclosed.

13.2 Exceptions to Confidentiality

A Receiving Party’s confidentiality obligations under this Section shall not apply to any information that the Receiving Party can demonstrate by clear contemporaneous written records: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this Agreement or any other obligation of confidentiality owed to the Disclosing Party; (b) was rightfully in the Receiving Party’s possession, without restriction on disclosure or use, prior to its disclosure by the Disclosing Party; (c) is received by the Receiving Party from a third party who is not under any obligation of confidentiality with respect to such information and who has not derived it directly or indirectly from the Disclosing Party; or (d) is independently developed by the Receiving Party without reference to, access to, or use of any Disclosing Party Confidential Information, as evidenced by contemporaneous written records. A Receiving Party may disclose Confidential Information to the minimum extent required to comply with a binding legal process, court order, or regulatory requirement, provided that such disclosure is made in accordance with the procedures set forth in Section 13.5.

13.3 Platform as Trade Secret

Customer acknowledges and agrees that the Platform, in its entirety and in each of its constituent components, constitutes Confidential Information and proprietary trade secrets of MarketingAid, protected under the Defend Trade Secrets Act of 2016 (DTSA), 18 U.S.C. § 1836 et seq., and the Florida Uniform Trade Secrets Act, Fla. Stat. § 688.001 et seq. Customer shall not disclose, distribute, reverse engineer, decompile, disassemble, or otherwise attempt to derive, reconstruct, or replicate the source code, architecture, structure, or any trade secret embodied in the Platform, directly or indirectly, during or after the Subscription Term.

13.4 MarketingAid’s Obligations Regarding Customer Business Data

MarketingAid shall not use Customer Business Data for any purpose other than performing its obligations under this Agreement. MarketingAid shall not disclose Customer Business Data to any entity that MarketingAid knows or has reasonable grounds to believe is a direct competitor of Customer, and shall not use Customer Business Data for MarketingAid’s own competitive advantage. This obligation shall survive the termination or expiration of this Agreement for a period of three (3) years. For the avoidance of doubt, MarketingAid’s use of aggregated, de-identified data as expressly permitted by Section 7.2 shall not constitute a use of Customer Business Data in violation of this Section.

13.5 Government and Law Enforcement Requests

If MarketingAid receives any subpoena, court order, governmental demand, national security letter, or other legally binding legal process from a governmental, regulatory, or law enforcement authority requiring the disclosure of Customer Content or Customer Confidential Information (each, a “Legal Demand”), MarketingAid shall: (a) provide Customer with written notice of the Legal Demand no later than five (5) business days after receipt thereof, or within such shorter period as the urgency of the Legal Demand reasonably requires; (b) cooperate with Customer, at Customer’s sole cost and expense, in seeking a protective order, confidential treatment designation, motion to quash, or other appropriate legal relief; and (c) disclose only the minimum amount of Customer Content or Confidential Information legally required to comply with the Legal Demand. Where a court order, national security letter, or other applicable law expressly prohibits MarketingAid from notifying Customer of the Legal Demand, MarketingAid’s notification obligation is automatically suspended for the duration of such prohibition. Compliance by MarketingAid with a valid Legal Demand in accordance with this Section shall not constitute a breach of this Agreement.

14. DATA PRIVACY AND SECURITY

14.1 Privacy Policy

MarketingAid’s collection, use, processing, and retention of personal data in connection with the Services is governed by the Privacy Policy published at https://www.marketingaid.org/privacy-policy. The Privacy Policy is incorporated into this Agreement by reference. MarketingAid shall provide Customer with no less than thirty (30) days’ advance written notice of any material amendment to the Privacy Policy.

14.2 Customer’s Data Compliance Obligations

Customer is solely responsible for ensuring that its collection, use, processing, storage, and transfer of personal data in connection with the Services complies with all applicable data protection and privacy laws, including without limitation: (a) the Florida Information Protection Act (FIPA), Fla. Stat. § 501.171; (b) the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679; (c) the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, CCPA/CPRA), Cal. Civ. Code § 1798.100 et seq.; (d) the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227; (e) HIPAA, 45 C.F.R. Parts 160 and 164, to the extent Customer is a covered entity or business associate processing protected health information through the Services; and (f) any other applicable federal, state, provincial, or international privacy or communications law. Customer shall implement and maintain all privacy notices, consent mechanisms, data subject rights processes, and technical and organizational measures required by applicable law.

14.3 GDPR and UK Data Processor Relationship; Data Processing Agreement

To the extent MarketingAid processes personal data of EU/EEA or UK data subjects on Customer’s behalf in connection with the Services, MarketingAid acts as a “processor” and Customer acts as the “controller,” as those terms are defined under GDPR Article 4 and applicable UK data protection law. Where MarketingAid will process EU/EEA or UK personal data on Customer’s behalf, the parties shall execute a Data Processing Agreement (DPA) incorporating the applicable EU Standard Contractual Clauses (Module 2: Controller to Processor) and, where applicable, the UK International Data Transfer Addendum, prior to the commencement of such processing. The DPA obligation is triggered when MarketingAid has actual knowledge that Customer’s account is intentionally and systematically processing personal data of identified or identifiable EU/EEA or UK residents as Customer’s own data subjects — such as through Customer’s appointment booking system, contact forms, or CRM integrations purposefully directed at EU/EEA or UK residents — as distinct from incidental interactions by such residents with Customer’s publicly accessible website content. Upon MarketingAid’s actual determination that the DPA trigger has been met, MarketingAid shall notify Customer in writing within five (5) business days and shall simultaneously provide Customer with a proposed DPA for execution. Customer shall execute the proposed DPA or provide written comments within fourteen (14) days of receipt. Customer may request a DPA at any time by written notice to [email protected].

14.4 CCPA/CPRA Service Provider Obligations

To the extent MarketingAid processes personal information of California residents on Customer’s behalf in connection with the Services, MarketingAid agrees to act as a “service provider” under the CCPA/CPRA and to: (a) process such personal information solely for the business purposes specified in this Agreement and as otherwise permitted for service providers under applicable law; (b) not sell, share, or otherwise disclose such personal information for cross-context behavioral advertising or any purpose not permitted for service providers; (c) fulfill all applicable service provider obligations under the CCPA/CPRA; (d) assist Customer in responding to verifiable consumer requests within the timeframes required by law; and (e) notify Customer promptly if MarketingAid determines it can no longer meet its service provider obligations. To the extent any provision of the Privacy Policy conflicts with this Section 14.4 as applied to Customer’s personal information processed through the Services, this Section 14.4 shall control as between the parties.

14.5 Security Incident Notification

MarketingAid shall notify Customer in writing within seventy-two (72) hours of making a reasonable determination, following a good-faith internal investigation, that a security incident constitutes a “breach of security” or “data breach” as defined under applicable law, involving unauthorized access to or disclosure of Customer Content or personal data for which Customer is the controller. The seventy-two (72)-hour contractual clock commences upon MarketingAid’s internal determination, not upon initial detection of a potential anomaly. Notwithstanding this contractual timeline, MarketingAid shall in all cases comply with applicable statutory notification deadlines imposed by FIPA, GDPR, or other applicable law, which may be shorter. MarketingAid’s initial notification is satisfied by providing available information at the time of notice; supplemental information will be provided as the investigation progresses.

14.6 Security Measures

MarketingAid shall implement and maintain technical and organizational security measures appropriate to the nature, sensitivity, and volume of data processed in connection with the Services, including at minimum: encryption of data in transit using industry-standard protocols; logical access controls and authentication requirements for internal systems and administrative access; and periodic security assessments or audits of its infrastructure. Customer acknowledges that no security system is impenetrable and that MarketingAid does not warrant the absolute security of any data processed in connection with the Services. Customer is responsible for maintaining the security of its own account credentials and for promptly notifying MarketingAid at [email protected] of any suspected or confirmed unauthorized access to its account.

14.7 HIPAA Compliance; Business Associate Agreement

The Services are not designed or warranted to be compliant with the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. Parts 160 and 164, in the absence of a separately executed Business Associate Agreement (BAA). Customer represents and warrants that Customer will not upload, store, transmit, or process any “protected health information” (PHI) as defined under HIPAA, 45 C.F.R. § 160.103, through the Services unless and until Customer has: (a) notified MarketingAid in writing that Customer is a HIPAA-covered entity or business associate; and (b) executed a valid BAA with MarketingAid as required by 45 C.F.R. § 164.308(b). Upon receipt of Customer’s written notification that Customer is a HIPAA-covered entity or business associate, MarketingAid shall provide Customer with a standard BAA for execution within ten (10) business days of such notification, without requiring a separate written request. Customer shall not process PHI through the Services until a fully executed BAA is in place. If MarketingAid fails to provide a proposed BAA within ten (10) business days of Customer’s written notification, Customer may submit a written follow-up request to [email protected], and MarketingAid’s ten (10)-business-day delivery obligation shall restart from the date of such follow-up request. Customer’s use of the Services to store or process PHI without an executed BAA constitutes a Material Breach of this Agreement. MarketingAid reserves the right to implement technical controls, including content scanning and upload restrictions, to detect and prevent the unauthorized upload of PHI through the Services.

DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION REQUIRES BINDING INDIVIDUAL ARBITRATION OF SUBSTANTIALLY ALL DISPUTES BETWEEN THE PARTIES AND CONTAINS A WAIVER OF THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. 15.1 Mandatory Informal Resolution; Cooling-Off Period Before initiating any arbitration proceeding, the parties shall first attempt to resolve the dispute through informal good-faith negotiation. The disputing party shall deliver a written notice to the other party identifying: (a) the nature of the dispute with reasonable specificity; (b) the specific relief sought; (c) the factual and legal basis for such relief; and (d) a proposed resolution. The parties shall negotiate in good faith for a period of thirty (30) calendar days following confirmed delivery of the dispute notice (the “Cooling-Off Period”). No arbitration may be commenced until the Cooling-Off Period has expired without resolution. Emergency injunctive or equitable relief to prevent imminent irreparable harm may be sought from a court of competent jurisdiction at any time without first completing the Cooling-Off Period. 15.2 Binding Arbitration; Confidentiality of Proceedings Subject to Section 15.5, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, validity, or formation hereof, that is not resolved during the Cooling-Off Period shall be finally and exclusively resolved by binding arbitration. Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Mediation Procedures, as supplemented by these Terms. The arbitration shall be conducted before a single, neutral arbitrator with demonstrated experience in commercial software, technology, or SaaS disputes, selected in accordance with AAA procedures. The seat, place, and governing law of the arbitration shall be Pinellas County, Florida. Proceedings shall be conducted in the English language. Discovery shall be limited to: (a) exchange of all relevant documents, including all documents and records produced in discovery regardless of whether such documents existed prior to the commencement of the arbitration proceeding; (b) for claims exceeding Twenty-Five Thousand Dollars ($25,000.00), up to five (5) depositions per side; and (c) for claims not exceeding Twenty-Five Thousand Dollars ($25,000.00), up to three (3) depositions per side — in each case absent a showing of good cause for additional discovery as determined by the arbitrator in a reasoned written order. For the avoidance of doubt, “per side” means per party to the arbitration, regardless of the number of individual witnesses, Authorized Users, employees, officers, or affiliates associated with that party. All arbitration proceedings, including the existence of any dispute, the nature and substance of all claims and defenses, all evidence submitted, all testimony given, all documents exchanged, the arbitrator’s award, and any post-award proceedings, shall be kept strictly confidential by both parties and shall not be disclosed to any third party without the prior written consent of the other party, except: (a) as required by applicable law; (b) as required by the rules of any stock exchange on which that party’s securities are listed; (c) as required by any governmental, regulatory, or self-regulatory authority with jurisdiction over that party; (d) as necessary to confirm, enforce, or vacate an arbitration award in a court proceeding; or (e) as necessary for a party’s legal advisors who are themselves bound by confidentiality obligations. This confidentiality obligation shall survive the conclusion of any arbitration proceeding. 15.3 Arbitrator’s Jurisdiction and Authority; Formation Disputes The arbitrator shall have exclusive jurisdiction to resolve all disputes relating to the interpretation, applicability, scope, and enforceability of this Agreement, including any claim that a specific provision is void, voidable, or unenforceable. Disputes regarding the formation of this Agreement — including any claim that a party’s assent to the Agreement as a whole was procured by fraud in the inducement, mutual mistake, misrepresentation, or lack of legal capacity — are expressly excluded from the arbitrator’s jurisdiction and shall be resolved by a court of competent jurisdiction. A party asserting a formation dispute must file such claim in a court of competent jurisdiction within thirty (30) days of receiving notice of an arbitration demand or of otherwise first becoming aware that its formation defense is at issue; failure to file within this period shall constitute a waiver of the formation defense. Upon the timely filing of a formation claim in court, all arbitration proceedings shall be automatically stayed for a period not to exceed ninety (90) days from the date of filing. Upon the expiration of the ninety (90)-day stay, arbitration shall automatically resume as to all claims not directly and necessarily dependent on resolution of the formation question, unless the court has issued a written order expressly enjoining the continuation of that specific arbitration proceeding. MarketingAid retains the right at all times to seek emergency injunctive relief in any court of competent jurisdiction to protect its Intellectual Property Rights, trade secrets, or Confidential Information, without waiving its right to arbitrate the merits. The arbitrator’s award shall be in writing, accompanied by a reasoned statement of decision upon the timely request of either party, and shall be final, binding, and non-appealable, except as provided by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. 15.4 Class Action and Collective Proceeding Waiver ALL CLAIMS MUST BE BROUGHT SOLELY IN THE CLAIMING PARTY’S INDIVIDUAL CAPACITY AND NOT AS A NAMED PLAINTIFF, CLASS REPRESENTATIVE, OR MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING IN ANY FORUM. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OF DIFFERENT CLAIMANTS, TO CERTIFY ANY CLASS, OR TO AWARD RELIEF TO OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN THE INDIVIDUAL PARTIES BEFORE THE ARBITRATOR IN THAT SPECIFIC PROCEEDING. If the class action waiver in this Section is found to be unenforceable with respect to a particular claim or claimant by a court of competent jurisdiction, that specific claim alone shall be severed from this arbitration provision and may proceed in a court of competent jurisdiction on an individual, non-class basis only. All remaining claims and all other provisions of this Section 15 shall remain fully operative and unaffected by such severance. Notwithstanding the foregoing, nothing in this Section shall be construed to waive any individual’s right to seek public injunctive relief in a court of competent jurisdiction to the extent such relief is available under applicable California law and cannot be waived by private contract. Any claim for public injunctive relief shall be severed from any individual claim for damages or private injunctive relief, which shall remain subject to binding individual arbitration. 15.5 Exceptions to Mandatory Arbitration Notwithstanding the foregoing mandatory arbitration obligation, either party may, at any time and without first completing the Cooling-Off Period, seek emergency injunctive relief, a temporary restraining order, or other provisional equitable relief from a court of competent jurisdiction to: (a) prevent or restrain an actual or threatened infringement, misappropriation, or violation of that party’s Intellectual Property Rights or trade secrets; (b) prevent or restrain a threatened or actual Incurable Breach; (c) prevent or restrain imminent and irreparable harm for which monetary damages would be an inadequate remedy; (d) enforce obligations arising under Section 13 (Confidentiality); or (e) enforce the Good Financial Standing data access prohibition set forth in Section 1, where Customer has been denied access to Customer Content in violation of that prohibition. The seeking of emergency relief under this Section shall not constitute a waiver of either party’s right to demand arbitration of the underlying substantive dispute. Either party may also pursue an individual action in a court of competent small claims jurisdiction for disputes that fall within that court’s then-current jurisdictional limits, without first completing the Cooling-Off Period. 15.6 Costs, Expenses, and Attorneys’ Fees AAA administrative fees and arbitrator compensation shall be allocated in accordance with AAA’s then-current Commercial Arbitration Rules. For disputes in which the total amount claimed does not exceed Five Thousand Dollars ($5,000.00), MarketingAid shall advance all AAA filing fees on behalf of Customer, subject to reallocation by the arbitrator if Customer’s claims are found to be frivolous, baseless, or brought in subjective bad faith. In any arbitration or court proceeding to enforce, interpret, or challenge any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and reasonable out-of-pocket litigation costs, consistent with and satisfying the reciprocity requirement of Florida Statute § 57.105(7). In any action in which the total amount in controversy is less than Five Hundred Dollars ($500.00), each party shall bear its own attorneys’ fees regardless of outcome. For all other actions, the prevailing party’s recoverable attorneys’ fees shall not exceed three (3) times the total amount in controversy unless the trier of fact makes an affirmative and specific finding that the non-prevailing party’s conduct was fraudulent, frivolous, or pursued in subjective bad faith.

GOVERNING LAW AND VENUE

This Agreement (Version 14.0, Effective March 18, 2026, Document No. MA-TOS-2026-001) and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice-of-law or conflict-of-law principles that would cause the application of the laws of any other jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation, enforcement, and validity of Section 15 and shall preempt any inconsistent state arbitration law. For all disputes not subject to mandatory arbitration under Section 15, and for all proceedings to confirm, enforce, or vacate an arbitration award, each party irrevocably consents to the exclusive personal jurisdiction and venue of the United States District Court for the Middle District of Florida and the Circuit Court of Pinellas County, Florida, and each party waives any and all objections to personal jurisdiction, venue, or inconvenient forum in those courts.

FORCE MAJEURE

Neither party shall be liable to the other for any failure or delay in performing its obligations under this Agreement — other than payment obligations, which remain due regardless of Force Majeure — to the extent such failure or delay is directly and primarily caused by a Force Majeure Event. A “Force Majeure Event” means any circumstance beyond the non-performing party’s reasonable control that could not have been prevented by the exercise of reasonable precautions, including without limitation: acts of God or nature; fires, floods, earthquakes, or other natural disasters; epidemics or declared public health emergencies; acts of war, terrorism, or armed conflict; civil unrest or governmental action; labor strikes not involving the non-performing party’s own personnel; prolonged utility failures; internet backbone outages or failures of third-party cloud infrastructure or SMS carrier networks despite commercially reasonable redundancy; and cyberattacks originating from sources outside the non-performing party’s network despite reasonable and documented security controls. For the avoidance of doubt, a Force Majeure Event affecting SMS carrier networks shall not excuse any failure of the Platform’s opt-in consent architecture, consent recordkeeping, or suppression mechanisms, which are MarketingAid’s direct operational responsibility. SMS delivery failures attributable to carrier Force Majeure Events do not constitute TCPA violations and are addressed by the warranty disclaimer in Section 9.2(h). The party experiencing a Force Majeure Event shall provide notice to the other party as follows: (a) within twenty-four (24) hours of onset for any Force Majeure Event causing complete or near-complete service unavailability or total inability to perform material obligations; or (b) within five (5) business days of onset for any Force Majeure Event causing partial service degradation or partial inability to perform. In all cases, the initial notice shall describe the nature, expected duration, and anticipated operational impact of the event. The affected party shall provide written status updates no less frequently than once per week for so long as the Force Majeure Event continues. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate this Agreement by delivering ten (10) days’ prior written notice to the other party in accordance with Section 18. During the ten (10)-day notice period, MarketingAid may cure the Force Majeure Event and substantially restore the Services. For purposes of this Agreement, “substantially restored” means the Services are available and performing at no less than eighty percent (80%) of their pre-event baseline levels, measured by uptime, average response time, and core feature functionality. MarketingAid shall provide restoration measurement data to Customer within two (2) business days of a written request. If Customer disputes MarketingAid’s determination of substantial restoration in good faith, Customer shall provide written notice of the dispute within three (3) business days of receiving MarketingAid’s data. The parties shall submit the dispute to the arbitrator for expedited determination on a five (5)-business-day Cooling-Off Period; the termination notice shall remain stayed pending resolution. Either party may submit independent uptime monitoring data from a nationally recognized third-party monitoring service as evidence of actual service availability. Where the parties’ monitoring data conflict, the arbitrator shall weight independent third-party monitoring data at least equally with MarketingAid’s internal monitoring data. If Services are substantially restored within the ten (10)-day notice period and no restoration dispute is pending, the termination notice shall be automatically void. Upon an effective Force Majeure termination, MarketingAid shall refund to Customer any prepaid Subscription Fees attributable to the period following the onset of the Force Majeure Event during which Services were materially unavailable. Customer shall not be entitled to any other compensation, damages, credits, or refunds in connection with a Force Majeure termination.

NOTICES

All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly delivered upon the earliest of: (a) confirmed email transmission to the recipient’s designated email address, where “confirmed” means the sender has not received a non-delivery notification within twenty-four (24) hours of transmission; (b) one (1) business day after deposit with a nationally recognized overnight courier service, with written tracking confirmation; or (c) three (3) business days after deposit in the United States Postal Service, sent by certified mail, return receipt requested, postage prepaid. Notices to MarketingAid shall be addressed to: MarketingAid Solutions FL, LLC, Attention: Legal Department, 7901 4th St N #20635, St. Petersburg, FL 33702, USA. Email: [email protected]. Notices to Customer shall be sent to the email address and mailing address provided by Customer during account registration, as updated from time to time in Customer’s account profile. Customer is solely responsible for ensuring that accurate and current contact information is maintained in its account at all times.

GENERAL PROVISIONS

19.1 Entire Agreement; No Extrinsic Reliance This Agreement (Version 14.0, Effective March 18, 2026, Document No. MA-TOS-2026-001), together with the Privacy Policy and any executed Order Forms, Add-On Service confirmations, Data Processing Agreements, or Business Associate Agreements, constitutes the entire and exclusive agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations, representations, warranties, proposals, commitments, and agreements, whether written or oral, relating to such subject matter. Customer expressly acknowledges that: (a) no officer, employee, agent, contractor, or representative of MarketingAid has authority to make any binding representation, warranty, or commitment outside the express terms of this Agreement; (b) Customer has not relied upon any statement, projection, demonstration, or representation made outside the four corners of this Agreement in deciding to enter into it or in paying the Activation Fee; and (c) any such reliance would have been unreasonable given the comprehensive disclaimers in Section 9.2. No course of dealing, course of performance, or trade usage shall modify or supplement any provision of this Agreement. 19.2 Order of Precedence In the event of a conflict or inconsistency between the body of these Terms and any executed Order Form or Add-On Service confirmation, the Order Form or Add-On Service confirmation shall govern solely with respect to pricing, subscription tier, service scope, Add-On Service terms, and minimum commitment term. For all other matters, these Terms shall govern and control. No purchase order, vendor agreement, click-through agreement, or other document submitted or presented by Customer shall modify, supplement, or supersede these Terms unless such document is a written amendment executed by a duly authorized officer of MarketingAid and expressly states that it amends these Terms. 19.3 Severability; Good-Faith Replacement; Court Authority If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified by the tribunal to the minimum extent necessary to make it valid and enforceable while preserving, to the greatest extent possible, the original intent and economic effect of such provision. If modification is not possible, the offending provision shall be severed from this Agreement. The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any respect. The parties agree to negotiate in good faith and execute a valid, enforceable replacement provision that most closely approximates the original intent and economic purpose of any severed provision. If the parties are unable to agree on a replacement provision within thirty (30) days of a written request by either party to negotiate, either party may petition a court of competent jurisdiction to supply a replacement provision consistent with applicable law and the parties’ original intent. 19.4 Waiver No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude its further exercise or the exercise of any other right, power, or remedy. No waiver of any breach or default shall constitute a waiver of any prior, concurrent, or subsequent breach or default. No waiver shall be effective unless made in a signed writing by a duly authorized representative of the waiving party. 19.5 Assignment Customer may not assign, transfer, delegate, or sublicense this Agreement, or any of its rights, obligations, or duties hereunder, whether voluntarily, involuntarily, by operation of law, merger, change of control, asset sale, or otherwise, without the prior written consent of MarketingAid, which may be granted or withheld in MarketingAid’s sole discretion. Any purported assignment or transfer in violation of this Section shall be null, void, and of no legal effect, and shall constitute a Material Breach of this Agreement. MarketingAid may assign or transfer this Agreement in its entirety, or assign specific performance obligations to qualified subcontractors and service providers in connection with the delivery of the Services, provided that: (a) no partial assignment shall relieve MarketingAid of its primary obligations under this Agreement; (b) any assignment of data processing obligations shall comply with applicable data protection law, including GDPR Article 28 where applicable; (c) Customer shall be notified of any material partial assignment or any full assignment within thirty (30) days of its effective date; and (d) in the case of any full assignment, the assignee shall expressly assume in writing all of MarketingAid’s obligations under this Agreement from and after the effective date of assignment. 19.6 Attorneys’ Fees; Fee Proportionality In any legal action or arbitration proceeding to enforce, interpret, or challenge any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and reasonable out-of-pocket litigation costs, consistent with and satisfying the reciprocal fee-shifting mechanism of Florida Statute § 57.105(7). In actions where the total amount in controversy is less than Five Hundred Dollars ($500.00), each party shall bear its own fees and costs regardless of outcome. For all other actions, the recoverable attorneys’ fees of the prevailing party shall not exceed three (3) times the amount in controversy, unless the trier of fact makes a specific written finding of fraud, frivolousness, or subjective bad faith on the part of the non-prevailing party. 19.7 Independent Contractors The parties are, and shall at all times remain, independent contractors. Nothing in this Agreement shall be construed to create or imply any employment, agency, partnership, joint venture, franchise, or fiduciary relationship between the parties. Neither party has authority to bind, obligate, or create liability for the other party in any manner whatsoever. MarketingAid’s personnel are not employees, leased employees, or agents of Customer for any purpose, including without limitation any tax, benefits, or labor law purpose. 19.8 Electronic Execution and Records This Agreement may be accepted and executed electronically, including by clicking an acceptance button, checking an acceptance checkbox, or accessing the Services following presentation of these Terms on or after the Effective Date of March 18, 2026. Such electronic acceptance shall have the same legal force and effect as a wet-ink signature on a paper document, pursuant to the E-SIGN Act, 15 U.S.C. § 7001 et seq., and the Florida Electronic Signatures Act, Fla. Stat. § 668.50 et seq. MarketingAid shall maintain tamper-evident records of all electronic acceptances, including timestamps, IP addresses, account identifiers, and the version number and effective date of the Terms accepted, which shall be retained for no less than seven (7) years following the termination of the relevant account and shall be admissible in any proceeding as prima facie evidence of acceptance, the specific terms accepted, and the binding nature of the Agreement. 19.9 Export Controls and Sanctions Compliance Customer shall comply with all applicable U.S. and international export control laws, regulations, and restrictions, including without limitation the Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and the economic sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Customer represents and warrants that: (a) Customer is not located in, organized in, or a resident of any jurisdiction subject to comprehensive U.S. economic sanctions; (b) Customer is not named on, and is not owned or controlled by any person or entity named on, any U.S. government restricted party list, denied party list, or entity list; and (c) Customer shall not use the Services for any purpose prohibited by applicable export controls or sanctions. 19.10 Construction; Rules of Interpretation This Agreement shall be construed as having been jointly negotiated and drafted by the parties and shall not be interpreted against either party as the drafter, notwithstanding any rule of law or construction to the contrary. The words “include,” “includes,” and “including” shall be deemed followed by the phrase “without limitation” and shall not be construed to limit any general statement that precedes or follows them. Unless the context otherwise clearly requires, references to “days” mean calendar days; references to “business days” mean days other than Saturdays, Sundays, and United States federal holidays observed in the State of Florida. Section headings are included for convenience of reference only and shall not affect the interpretation, construction, or enforceability of any provision. The singular includes the plural and vice versa where context permits. “Or” is inclusive (meaning “and/or”) unless context clearly requires an exclusive meaning. “Shall” denotes an obligation; “will” denotes a future fact or event; “may” denotes a discretionary right or permission. CONTACT INFORMATION MarketingAid Solutions FL, LLC Attention: Legal Department 7901 4th St N #20635 St. Petersburg, FL 33702, USA Legal and Billing Inquiries: [email protected] Privacy Policy: https://www.marketingaid.org/privacy-policy Terms Version History: https://www.marketingaid.org/terms © 2026 MarketingAid Solutions FL, LLC. All Rights Reserved. Version 14.0 | Effective March 18, 2026 | Document No. MA-TOS-2026-001 Prior versions available upon written request to [email protected]. Next scheduled review: March 18, 2027.

Contact Information:

MarketingAid Solutions FL, LLC

7901 4th St N #20635

St. Petersburg, FL 33702, USA

Email: [email protected]

Privacy Policy: https://www.marketingaid.org/privacy