TERMS OF USE

Last updated: September 2, 2026

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and OnQ Solutions, Inc., doing business as OnQ ("OnQ", "we", "us", or "our"), concerning your access to and use of the onqsolutions.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change, except that where a change materially affects the processing of your personal data, we will provide notice and, where required by applicable law, obtain your consent before the change takes effect. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA). You further agree not to submit protected health information, financial account information, government identification numbers, biometric identifiers, precise geolocation data, or other sensitive personal information to the Site except where we expressly request it through a designated intake process.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. We do not knowingly collect, sell, or share the personal information of any person under the age of 18, and we do not use the personal information of minors for targeted advertising or profiling. If we learn that we have collected personal information from a person under 18, we will delete it promptly. A parent or legal guardian who believes we hold information about their child may contact us at privacy@onqsolutions.com to request deletion.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) your use of the Site will not violate any applicable law or regulation; and (6) where you submit personal information about any third party, you have the authority and any legally required consent to do so, and you have informed that individual of how their information will be used.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10. Delete the copyright or other proprietary rights notice from any Content.

11. Attempt to impersonate another user or person or use the username of another user.

12. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

13. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

16. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

17. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

19. Use a buying agent or purchasing agent to make purchases on the Site.

20. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

21. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

22. Collect, scrape, harvest, infer, or re-identify personal information about any other user or individual from the Site, or combine information obtained from the Site with other data sources for the purpose of identifying, profiling, tracking, or building a dataset about any individual.

23. Submit a privacy rights request under any false pretense, on behalf of a person who has not authorized you to act for them, or in a manner intended to obtain another person's personal information.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

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

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

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

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party, and do not include the personal information of any third party that you are not authorized to share.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

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

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). We will process your personal data only for the purposes described in the Privacy Policy, only where we have a lawful basis to do so, and only for as long as reasonably necessary for those purposes or as required by law.

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. Where feedback contains personal information, that personal information remains subject to the Privacy Policy and to the rights described in the "Your Privacy Rights" section below.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Nothing in this section transfers ownership of, or waives your statutory rights in, personal information contained in a Submission. Personal information within Submissions is handled in accordance with the Privacy Policy and remains subject to your rights of access, correction, deletion, and objection as described below. Where practicable, we will de-identify or aggregate Submissions before using them for product development, marketing, or analytics.

SITE MANAGEMENT

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

Any monitoring described in this section is conducted in a manner consistent with applicable privacy and communications laws, is limited to what is necessary for the purposes stated, and does not include the interception of communications not directed to us except as permitted by law.

PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. The Privacy Policy describes, among other things, the categories of personal information we collect, the sources of that information, the purposes for which we use it, the categories of third parties with whom we disclose it, our retention periods, and the choices available to you. In the event of a conflict between these Terms of Use and the Privacy Policy with respect to the handling of personal information, the Privacy Policy controls.

Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, your personal data may be transferred to, stored in, and processed in the United States and other countries where we or our service providers operate. Where such a transfer involves personal data protected by the laws of the European Economic Area, the United Kingdom, Switzerland, or another jurisdiction that restricts cross-border transfers, we will implement an appropriate transfer mechanism recognized under that law, such as the European Commission's Standard Contractual Clauses, the UK International Data Transfer Addendum, or a valid adequacy decision or certification, together with supplementary technical and organizational measures where required. You may request a copy of the relevant transfer safeguards, with commercially sensitive terms redacted, by contacting us at privacy@onqsolutions.com. We do not rely on your consent as the sole basis for such transfers where applicable law requires another mechanism.

YOUR PRIVACY RIGHTS

This section describes the privacy rights available to you and how to exercise them. These rights apply in addition to, and not in place of, any rights granted by applicable law. Where a right described here is available to you only under a specific law, we note that. Where we are able to do so without undue burden, we extend the core rights of access, correction, deletion, and portability to all users regardless of where they live.

1. Universal Rights

Subject to verification and to the exemptions permitted by applicable law, you have the right to:

• Know and access. Confirm whether we are processing personal information about you and obtain a copy of that information, together with the categories of information collected, the sources, the purposes of processing, the categories of third parties to whom it has been disclosed, and the retention period or the criteria used to determine it.

• Correct. Request that we correct inaccurate or incomplete personal information about you, taking into account the nature of the information and the purposes of the processing.

• Delete. Request that we delete personal information we have collected from or about you, and direct our service providers and contractors to do the same, subject to the exceptions described in Section 6.

• Portability. Receive a copy of the personal information you provided to us in a structured, commonly used, machine-readable format and, where technically feasible, have it transmitted to another controller of your choosing.

• Opt out of targeted advertising, sale, and sharing. Direct us not to sell or share your personal information, and not to process it for targeted advertising or cross-context behavioral advertising.

• Opt out of profiling. Direct us not to process your personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, including decisions regarding financial or lending services, housing, insurance, education, employment, healthcare services, or access to essential goods and services.

• Limit the use of sensitive personal information. Direct us to limit our use and disclosure of sensitive personal information to what is necessary to perform the services you requested or as otherwise permitted by law.

• Withdraw consent. Withdraw any consent you previously gave at any time, without affecting the lawfulness of processing carried out before withdrawal.

• Non-discrimination and non-retaliation. Exercise any of these rights without being denied goods or services, charged a different price, provided a different level or quality of service, retaliated against, or suggested that you will receive any of the foregoing.

• Appeal. Appeal any decision we make in response to a privacy rights request, as described in Section 5.

• Human review. Request meaningful human review of any decision about you that was made solely by automated means and that produces legal or similarly significant effects, and receive an explanation of the logic involved and the significance and consequences of that processing.

• Designate an authorized agent. Have an authorized agent submit a request on your behalf, as described in Section 4.

2. Additional Rights Under Specific Laws

European Economic Area, United Kingdom, and Switzerland (GDPR / UK GDPR / FADP). If you are located in one of these jurisdictions, you also have the right to restrict processing in the circumstances set out in Article 18 GDPR; to object to processing based on our legitimate interests, including profiling, and to object at any time and absolutely to processing for direct marketing purposes; not to be subject to a decision based solely on automated processing that produces legal effects concerning you or similarly significantly affects you, except as permitted by Article 22 GDPR; to be informed of the specific lawful basis on which we rely for each processing activity; and to lodge a complaint with your national data protection authority or, in the United Kingdom, the Information Commissioner's Office. Exercising a right under GDPR does not require you to show harm, and we will not charge a fee unless a request is manifestly unfounded or excessive. Our lawful bases for processing are set out in the Privacy Policy and include performance of a contract, compliance with legal obligations, our legitimate interests in operating and securing the Site, and, where applicable, your consent. Where we act as a processor on behalf of a business customer, we will refer your request to that customer and assist them in responding.

California (CCPA / CPRA and related law). If you are a California resident, you have the rights described in Section 1, and in addition: the right to know the specific pieces of personal information we have collected about you; the right to opt out of the sale or sharing of your personal information, including through an opt-out preference signal; the right to limit the use and disclosure of sensitive personal information; the right to be free from discrimination for exercising your rights; and, under California Civil Code Section 1798.83 ("Shine the Light"), the right to request once per year a list of the categories of personal information we disclosed to third parties for their direct marketing purposes, together with the names and addresses of those third parties. California residents may also request removal of content they posted publicly on the Site, though we may be unable to remove copies retained by third parties or required to be retained by law. We do not sell or share the personal information of consumers we know to be under 16 years of age. We do not use or disclose sensitive personal information for purposes other than those permitted by California law.

Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, and other US states with comprehensive privacy laws. If you are a resident of a state with a comprehensive consumer privacy law, you have the rights described in Section 1 to the extent that law provides them, including the right to opt out of targeted advertising, the sale of personal data, and certain profiling; the right to obtain a list of the third parties to which we have disclosed your personal data, where your state requires it; and the right to appeal a denied request. We obtain your consent before processing sensitive data where your state's law requires opt-in consent, and we conduct data protection assessments for processing activities that present a heightened risk of harm.

Nevada. Nevada residents may submit a verified request directing us not to sell certain covered information as defined in Nevada Revised Statutes Chapter 603A, by emailing privacy@onqsolutions.com.

Washington and Nevada consumer health data. Where the Washington My Health My Data Act or the Nevada consumer health data law applies to you, you have the right to confirm whether we collect, share, or sell consumer health data, to obtain a list of the third parties with which we have shared or sold it, to withdraw consent to its collection and sharing, and to have it deleted, including from our archived and backup systems within the timeframe those laws require. We do not sell consumer health data, and we do not implement geofences around any facility that provides in-person health care services.

Biometric information. We do not collect, capture, or use biometric identifiers or biometric information as those terms are defined under the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, or similar laws. If that changes, we will provide the written notice, obtain the written release, and publish the retention and destruction schedule those laws require before any such collection begins.

Canada, Brazil, and other jurisdictions. If you are located in Canada, you have rights of access, correction, and withdrawal of consent under PIPEDA and applicable provincial law, including Quebec's Law 25, and may complain to the Office of the Privacy Commissioner of Canada. If you are located in Brazil, you have the rights set out in Articles 18 and 20 of the LGPD, including confirmation, access, correction, anonymization, portability, deletion, information about sharing, and review of automated decisions. Residents of other jurisdictions with applicable data protection laws may exercise the rights those laws confer by contacting us as described below.

3. How to Submit a Request

You may submit a privacy rights request by:

• Emailing privacy@onqsolutions.com with the subject line "Privacy Rights Request";

• Calling (650) 241-0215;

• Writing to OnQ Solutions, Inc., Attn: Privacy, 25821 Industrial Blvd #100, Hayward, CA 94545, United States; or

• Using any request form or preference center we make available on the Site.

We will acknowledge receipt within ten (10) business days and respond substantively within forty-five (45) calendar days, or within one (1) month for requests under GDPR or UK GDPR. We may extend the response period by an additional forty-five (45) days, or by two (2) months under GDPR, where reasonably necessary given the complexity or volume of requests; if we do, we will notify you of the extension and the reason for it before the original period expires. Requests to opt out of the sale or sharing of personal information, targeted advertising, or profiling will be honored within fifteen (15) business days and do not require verification of your identity.

We provide access and portability responses free of charge up to twice in a twelve-month period. We may charge a reasonable fee, or decline to act, only where a request is manifestly unfounded, excessive, or repetitive, and we will explain our reasoning if we do.

4. Verification and Authorized Agents

To protect your information, we must verify your identity before fulfilling a request to know, correct, or delete. We will ask you for information that allows us to match you to the personal information we hold, and the level of verification we require will be proportionate to the sensitivity of the information and the risk of harm from unauthorized disclosure. We will not ask you to create an account in order to submit a request, and we will use information you provide for verification only for that purpose and delete it afterward unless we are required to retain it.

You may designate an authorized agent to submit a request on your behalf. We may require the agent to provide written permission signed by you and may require you to verify your own identity directly with us, unless the agent provides a valid power of attorney under applicable law. Where a parent or guardian submits a request on behalf of a person for whom they are legally responsible, we may request proof of that relationship.

5. Appeals

If we deny your request in whole or in part, our response will explain why, identify any exemption we relied upon, and tell you how to appeal. To appeal, reply to our response or email privacy@onqsolutions.com with the subject line "Privacy Request Appeal" within a reasonable period after our decision. We will review the appeal and inform you in writing of our decision and reasoning within forty-five (45) calendar days of receipt, or within any shorter period required by your state's law. If we deny the appeal, we will provide you with a method to contact your state attorney general or other competent supervisory authority to submit a complaint. Nothing in the "Dispute Resolution" section of these Terms of Use requires you to arbitrate, or to attempt informal negotiation before, a complaint to a data protection authority, attorney general, or other regulator, or limits any statutory right of action you may have under a data protection law.

6. When We May Decline a Request

We may retain or decline to delete personal information, or decline other requests, to the extent permitted or required by applicable law, including where the information is reasonably necessary to: complete a transaction or provide a service you requested; detect, investigate, or prevent security incidents, fraud, or illegal activity, or prosecute those responsible; debug and repair errors that impair intended functionality; comply with a legal obligation, court order, subpoena, or governmental request; establish, exercise, or defend legal claims; comply with our records retention obligations; exercise a right provided by law, including free speech rights; or engage in public interest research, peer-reviewed scientific or statistical research, or internal uses reasonably aligned with your expectations, in each case where deletion would render the purpose impossible or seriously impair it. Where we decline in part, we will fulfill the remainder of the request. We may also be unable to fulfill a request where we cannot verify your identity, in which case we will tell you why and, where applicable, treat the request as a request to delete unverified account data.

7. Cookies, Tracking Technologies, and Opt-Out Preference Signals

The Site uses cookies, pixels, software development kits, local storage, and similar technologies. Where required by applicable law, we obtain your consent before setting any non-essential cookie or tracker, we offer an equally prominent means to reject as to accept, and we allow you to withdraw consent at any time through the cookie preference center available on the Site. Rejecting non-essential cookies will not degrade your access to the Site except where a cookie is strictly necessary to deliver a feature you requested.

We recognize and honor opt-out preference signals transmitted by your browser or device, including the Global Privacy Control (GPC), as a valid request to opt out of the sale and sharing of personal information and processing for targeted advertising, and we treat such a signal as applying to the browser or device from which it is sent and, where we can reasonably associate it with a known account, to that account as well. Because no consistent industry standard exists for "Do Not Track" headers, we do not respond separately to DNT signals; use GPC or our preference center instead. We do not use dark patterns, pre-checked consent boxes, or asymmetric choice architecture in any privacy interface.

8. Data Minimization, Retention, and Deletion

We collect only the personal information that is adequate, relevant, and reasonably necessary for the disclosed purposes, and we do not use it for a materially different, unrelated, or incompatible purpose without first providing notice and, where required, obtaining your consent. We retain personal information only for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, or to resolve disputes and enforce agreements, applying the retention periods published in the Privacy Policy. When a retention period expires, we delete, destroy, or irreversibly de-identify the information, including in backups on our ordinary backup cycle.

9. Data Security and Breach Notification

We maintain reasonable and appropriate administrative, technical, physical, and organizational safeguards designed to protect personal information against unauthorized access, destruction, use, modification, or disclosure, taking into account the nature of the information and the state of the art. These include encryption of personal information in transit and, where appropriate, at rest; access controls on a least-privilege basis; logging and monitoring; vendor security assessment; and periodic testing of our controls. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

If we become aware of a breach of security leading to the unauthorized acquisition, access, use, or disclosure of your unencrypted and unredacted personal information, we will notify you and any applicable regulator without unreasonable delay and within the timeframes required by applicable law, including within seventy-two (72) hours of becoming aware where GDPR or UK GDPR applies. Our notice will describe, to the extent known, the nature of the incident, the categories of information involved, the likely consequences, the measures taken or proposed, and a point of contact for further information. Nothing in the "Limitations of Liability," "User Data," or "Indemnification" sections of these Terms of Use waives, limits, or disclaims any statutory remedy available to you arising from a data breach or from a violation of a data protection law, and any waiver in those sections is inapplicable to the extent applicable law prohibits it.

10. Service Providers, Processors, and Onward Transfers

We disclose personal information to service providers, processors, and contractors only under a written agreement that limits their use of the information to the purposes we specify, prohibits selling it or using it for their own purposes or for cross-context behavioral advertising, requires them to apply comparable protections and confidentiality obligations, requires them to assist us in responding to your rights requests and to notify us of any breach, and requires them to delete or return the information at the end of the engagement. We remain accountable for personal information we transfer to a third party acting as our agent, and we require the same standard of any onward transfer. The categories of recipients are listed in the Privacy Policy.

11. Business Transfers and Changes of Control

If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, or sale of assets, personal information may be transferred as part of that transaction. Any successor will remain bound by the commitments in this section and in the Privacy Policy with respect to the personal information transferred, or will provide you with notice and a meaningful opportunity to object or to request deletion before any materially different use of your personal information takes effect.

12. Privacy Contact

Questions about this section, our privacy practices, or an unresolved concern may be directed to our privacy team at privacy@onqsolutions.com or by mail at the address in the "Contact Us" section, marked Attn: Privacy. If we have appointed a data protection officer or an EU or UK representative under Article 27 GDPR, their contact details are published in the Privacy Policy.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. We will not deny access to or terminate your use of the Site in retaliation for your exercise of a privacy right described in the "Your Privacy Rights" section.

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

Termination of your access to the Site does not extinguish your privacy rights. You may continue to submit access, correction, deletion, portability, and opt-out requests after termination for as long as we retain personal information about you.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

If we discontinue all or a material part of the Site, we will, where feasible, provide advance notice and a reasonable opportunity for you to export your data before it is deleted.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles. This choice of law does not deprive you of the protection of any mandatory provision of the data protection or consumer protection law of your country or state of habitual residence, and where such a law applies, it governs to the extent of any conflict.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Alameda, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Alameda, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose, except that this limitation does not apply to any claim arising under a data protection or privacy law that provides a longer statutory limitation period, in which case the statutory period governs. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Nothing in this subsection waives any right you may have to participate in a collective or representative action where such a waiver is prohibited by applicable law, including any right of collective redress under Article 80 GDPR or a comparable provision of your local law.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; (d) any complaint, inquiry, or proceeding before a data protection authority, attorney general, or other regulator; and (e) any claim arising under a privacy or data protection law that cannot lawfully be subjected to pre-dispute arbitration. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

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

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NOTHING IN THIS SECTION DISCLAIMS ANY OBLIGATION WE OWE UNDER APPLICABLE DATA PROTECTION LAW OR ANY COMMITMENT MADE IN THE "YOUR PRIVACY RIGHTS" SECTION.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY ARISING FROM A VIOLATION OF A DATA PROTECTION OR PRIVACY LAW, FROM A DATA BREACH RESULTING FROM OUR FAILURE TO MAINTAIN REASONABLE SECURITY, OR FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights and privacy rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site; or (6) your submission to the Site of personal information about a third party without the authority or consent required by applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This indemnity does not extend to any claim arising from our own violation of a data protection law or our own failure to maintain reasonable security.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that, except to the extent applicable law provides otherwise, we shall have no liability to you for any loss or corruption of any such data resulting from causes outside our reasonable control, and you hereby waive any right of action against us arising from any such loss or corruption of such data to the extent such a waiver is permitted by law. This section does not waive any right or remedy available to you under a data protection or privacy law, and does not limit our obligation to maintain reasonable security safeguards or to notify you of a data breach.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

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

Your consent to electronic communications is separate from any consent to receive marketing communications. You may withdraw consent to marketing at any time using the unsubscribe link in any marketing message or by contacting privacy@onqsolutions.com, and we will honor the request promptly and in any event within ten (10) business days. We will continue to send transactional and legally required notices for as long as you use the Site.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. California residents may also contact the California Privacy Protection Agency or the California Attorney General regarding any concern about our handling of personal information.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, subject to the "Business Transfers and Changes of Control" provision above. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Where these Terms of Use conflict with a mandatory requirement of an applicable data protection or consumer privacy law, that law prevails and the conflicting provision is deemed modified to the minimum extent necessary to comply.

CONTACT US

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

OnQ Solutions, Inc. 25821 Industrial Blvd #100 Hayward, CA 94545 United States Phone: (650) 241-0215 support@onqsolutions.com

For privacy rights requests and data protection inquiries: Attn: Privacy privacy@onqsolutions.com