Terms of Service

Nation App — HoneyDo LLC

Effective date: August 3, 2026

Welcome to HoneyDo LLC's Nation App, our proprietary mobile, cloud-based workforce management platform, a subscription-based software as a service application ("Service") designed to streamline scheduling, compliance, communication, and daily operations for businesses across a wide range of industries. These Terms of Service ("Terms") govern your access to and use of the Service.

1. Acceptance of Terms

By establishing an account ("Account") with HoneyDo LLC ("Company," "we" or "our"), subscribing for the Service ("Subscription") and accepting these Terms when prompted to do so on the Service subscription page ("Subscription Page") or thereafter accessing or using our Service, you ("Subscriber," "you" or "your") acknowledge that you have read, understood, and agree to be bound by these Terms, which form a legally binding agreement between you and the Company. These Terms take effect when you first access or use the Service and may be updated from time to time, so please review these Terms periodically. Your continued use of the Service after the Company posts any such update constitutes your acceptance of the revised Terms.

2. License Grant

Subject to these Terms, the Company grants to you a limited, non-exclusive, nontransferable license to access and use the Service: (a) for your own internal business purposes; (b) in connection with the maximum number of full and part time employees, independent contractors and/or consultants (as applicable) under your management ("EUM") that provide services to the business(es) operating at the location(s) ("Site(s)"), each as specified in your Subscription. The foregoing grant entitles you, and those persons specifically authorized by you ("Authorized Users"), to access and use the Service through your Account via computers and mobile devices ("Devices") owned or otherwise controlled by you.

3. License Restrictions

You will not, and will ensure that no Authorized Users will: (a) use the Service other than in accordance with these Terms, all applicable laws and regulations and any documentation applicable to the Service made available by the Company from time to time ("Documentation"); (b) attempt to copy, reverse engineer, disassemble, decompile, decode or otherwise attempt to discover, derive or gain access to the source code, object code or underlying structure, ideas or algorithms of the Service or any part thereof; (c) attempt to modify, translate, adapt or otherwise create derivative works based upon the Service, or create improvements thereto, whether or not patentable; (d) rent, lease, lend, sublicense, sell, assign, transfer, distribute, publish or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by any person or any device other than Authorized Users and Devices, respectively, as expressly permitted by these Terms; (e) pledge or allow any lien, security interest or other encumbrance on the Service; (f) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices of the Company, its licensors or its service providers that appear on or in connection with the Service or any Documentation; (g) use any robot, spider, or other automatic device, process, or means to gain access to the Service for any purpose, including monitoring or copying any of the data or other content on the Service; (h) use any manual process to monitor or copy any of the data or other content on the Service, or for any other purpose not expressly authorized by these Terms; (i) frame, mirror, or otherwise incorporate the Service or any portion of the Service as part of any other website, mobile application or service; (j) use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service; or (k) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features used in connection with or protecting the Service.

4. Reservation of Rights

You acknowledge and agree that your access to and use of the Service is provided under a license, and is not being sold to you. Under these Terms you are not acquiring any ownership interest in or to the Service, or any other rights in or to the Service, other than the right to access and use the Service in accordance with the license granted, and subject to all of the terms, conditions and restrictions set forth, under these Terms. The Company and its licensors and service providers reserve and shall at all times retain its and their entire right, title, and interest in and to the Service, and any and all improvements, modifications and enhancements thereto, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except for the license rights as expressly granted to you under these Terms.

5. Feedback

From time to time you may provide to the Company feedback, analyses, comments and suggestions related to the Service (including but not limited to reports of bugs, testing results, design suggestions or ideas) ("Feedback"). You hereby grant to the Company a perpetual, irrevocable, unrestricted, worldwide, royalty-free license to use any and all Feedback, and any derivatives thereof, for any and all purposes, without any attribution, compensation, confidentiality or other obligation to you. Without limiting the foregoing, for the duration of your Subscription, the Company may solicit Feedback from you and any Authorized Users.

6. Account Establishment and Service Subscription

To access and use the Service you must first (a) establish an Account with the Company by providing accurate and complete subscriber information, and (b) select a subscription plan (whether initially a limited free trial subscription, a limited free trial-to-paid subscription, or a paid subscription) appropriate for the number of Sites and the maximum number of EUM at each such Site that you require, in each case as set forth on the Subscription Page.

7. Subscription Fees

You agree to pay all subscription fees ("Fees") in United States Dollars at such times (e.g., annually in advance, or on a monthly basis), in such manner, and in accordance with such additional terms and conditions as are set forth on the Subscription Page. All Fees are subject to change from time to time, provided, however, that the Company shall make any changes to Fees payable annually, in advance, effective only upon expiration of the twelve (12) month period to which such annual Fees apply. The Company shall make all Fee changes effective not less than fifteen (15) days after delivery to you of notice thereof. Additional Fees may be payable in connection with your subscription for additional material features or functions of, or material enhancements to, the Service made available by the Company subsequent to the effective date of your Subscription; provided, however, that no such additional Fees shall be payable in connection with Updates (as defined below) made to the Service by the Company in the ordinary course. All Fees payable to the Company as set forth on the Subscription Page are exclusive of any sales, use, value-added and other taxes or duties, however designated ("Taxes"), and you shall be solely responsible for payment of any applicable Taxes with respect to such Fees, except for those taxes based on the income or assets of the Company. All Fees paid hereunder shall be non-refundable.

8. Account Security

All Authorized Users will be required to obtain through the Service unique credentials in order to access and use the Service through your Account. You are solely responsible for (a) maintaining the confidentiality of your Account information and the credentials of all Authorized Users, and (b) for all activities that occur under your Account. The Company shall have no obligation to monitor data or other content that you or any other users that gain access to the Service through your Account (including without limitation any Authorized Users) may upload or enter, or otherwise make available on, the Service. You will, and will ensure that all Authorized Users will, (i) use strong passwords, (ii) enable two-factor authentication where available, and (iii) notify the Company immediately if you or they (as applicable) become aware of any unauthorized access to or use of your Account.

9. Account Verification and Recovery

From time to time we may require you to verify your Account information, and require you or any Authorized Users to verify or change your or their (as applicable) credentials. Account activation and identity verification may be performed by means of a one-time code delivered by text message to the mobile telephone number associated with an EUM, as further described in Section 19. We will also endeavor to provide reasonable assistance with the restoration of access to your Account in the event that you or any Authorized Users are unable to recall your or their (as applicable) respective credentials, but we cannot guarantee restoration of access in all situations.

10. Subscriber Data

As between you and the Company, you own all data uploaded or entered by you or any other users that gain access to the Service through your Account (including without limitation any Authorized Users) on the Service ("Subscriber Data"). You hereby grant to the Company a non-exclusive, non-transferable right and license to store, copy, distribute, display, create derivative works of and use the Subscriber Data: (a) to perform our obligations and exercise our rights in accordance with these Terms; (b) to improve the Service, including by providing de-identified Subscriber Data to third-party analytics providers for the purpose of supporting, evaluating, enhancing and improving the Company's efforts to provide the Service to you in accordance with these Terms; and (c) in a de-identified, aggregated manner ("Aggregated Data") in connection with (i) our own internal evaluations of, and development efforts with respect to, the Service, (ii) our provision of Service metrics to our subscribers, (iii) our efforts to develop new features or functionality of the Service or new Company products and services, and (iv) our promotion of the Service and other Company products and services. The Company will retain exclusive ownership of all works, including all derivative works, created through the use of the Aggregated Data as permitted hereunder, and may, among other rights inherent to sole ownership, copy, reproduce, distribute, publicly display or publicly perform such works in its sole discretion. You reserve all rights, title and interest in and to the Subscriber Data other than the licenses and rights expressly granted to the Company in this Section. You are solely responsible for making all required disclosures, and obtaining all required consents, authorizations or other permissions, necessary and sufficient to grant the rights in Subscriber Data granted to the Company in this Section, and for complying with any and all applicable laws in connection therewith.

Notwithstanding the foregoing, mobile telephone numbers and text messaging consent records shall not be included in any Aggregated Data provided to third parties, and shall not be sold, rented, or shared with any third party or affiliate for that party's own marketing or promotional purposes.

11. Collection and Use of Information

You acknowledge that when you or any Authorized Users use the Service, the Company may use automatic means (including, for example, cookies) to collect information about the use of the Service, including the Devices through which access to the Service is achieved. You and any Authorized Users may also be required to provide certain information as a condition of using the Service or certain of its features or functionality. All information that we collect through or in connection with any such access to or use of the Service is subject to our Privacy Policy. By accessing, using and providing information to or through the Service, you and any Authorized Users consent to all actions taken by the Company with respect to your or their (as applicable) information in compliance with our Privacy Policy.

12. Support

The Company shall provide support for the Service by email directed to support@nationapp.com or by telephone or any other reasonable means established and supported by the Company from time to time in its discretion. We shall use commercially reasonable efforts to respond to support requests in a timely manner.

13. Updates

Company may from time to time in its sole discretion develop and provide Service updates, which may include bug fixes, patches, other error corrections, upgrades and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular Service features or functionality.

14. Third-Party Products and Services

The Service may include or be designed to interoperate with certain third-party products or services, including by way of example, but not by way of limitation, the services of Stripe or another third party for payment processing services, and the services of a third-party messaging provider for the transmission of text messages ("Third Party Services"). The Company makes no representations, warranties or guarantees with respect to, and you acknowledge that the Company is not responsible for, any such Third Party Services, including without limitation their continued interoperability, availability, accuracy, timeliness, quality or any other aspect thereof. Further, you acknowledge and agree that the Company may cease use of such Third Party Services for any reason without incurring any liability to you, including by way of example, but not by way of limitation, in the event that a provider of Third Party Services ceases to make its services available for interoperation with the Service. Any cessation of the availability of any such Third Party Services shall not entitle you to any refund of Fees or any other form of compensation. The Company does not assume, and will not have, any liability or responsibility to you or any other person or entity in connection with any Third-Party Services. Third-Party Services are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to the terms and conditions applicable to such Third Party Services.

15. Suspension and Termination of Account

We reserve the right to suspend or terminate your Account in the event of (a) any unauthorized access to or use of your Account, (b) any use of your Account in any manner contrary to these Terms, or (c) the occurrence of any of the circumstances outlined in Section 16 that permit the Company to terminate your Subscription under these Terms. The Company's separate right to suspend messaging privileges is set forth in Section 19(f).

16. Term and Termination of Access to Service; Return of Subscriber Data

(a) The term of your access to the Service will commence upon your Subscription therefor in accordance with the terms set forth on the Subscription Page, and will continue in effect until (i) your termination of your Subscription in accordance with the terms set forth on the Subscription Page, or (ii) the Company's termination of your Subscription as provided under these Terms, whichever first occurs. The Company may terminate your Subscription at any time without notice: (A) upon any violation of these Terms by you or any Authorized User, including without limitation any failure to pay any Fees when due; (B) in the event that you become the subject of proceedings under any bankruptcy or insolvency law; or (C) if the Company ceases to support the Service, which the Company may elect to do in its sole discretion; it being acknowledged and agreed that in the absence of notice of termination from the Company your Subscription will terminate immediately and automatically upon the occurrence of any of the foregoing.

(b) For a period of sixty (60) days after termination of your Subscription, the Company shall permit you to access the Service through your Account for the sole purpose of downloading any HR, Checklist and Scheduling data included among your Subscriber Data. Thereafter, should you wish to obtain such HR, Checklist and Scheduling data, you may submit a request for assistance therewith to the Company by email directed to support@nationapp.com. Notwithstanding the foregoing, the Company shall have no obligation to maintain your Subscriber Data beyond such sixty (60) day period, and shall not be responsible for any failure on your part to download such data within such period or for any loss of such data that may occur thereafter. Requests for assistance in obtaining any other data included among your Subscriber Data (e.g., Messaging data) may be submitted to the Company by email directed to support@nationapp.com; provided, however, that the Company (i) shall evaluate such requests on a case-by-case basis, and (ii) shall not be obligated to fulfill any such requests. Further, the fulfillment of any such request shall at all times be subject to the availability of such data.

(c) Notwithstanding termination of your Subscription and the deletion of Subscriber Data, the Company shall retain records of text messaging opt-out requests indefinitely as necessary to honor those requests and to comply with applicable law.

17. Effect of Termination

Upon termination of your Subscription, you will pay all Fees, if any, remaining due and payable to the Company with respect to all periods occurring prior to the effective date of termination, any and all rights granted to you under these Terms will terminate, and you must cease, and cause all Authorized Users to cease, all use of the Service. The Company shall be under no obligation to return to you any Subscriber Data upon termination of your Subscription. Termination will not limit any of the Company's rights or remedies at law or in equity.

18. Confidentiality

(a) As used in this Section, "Confidential Information" means (i) in the case of the Subscriber, the Subscriber Data, and (ii) in the case of the Company, any information related to the Service or its other products or services, and its technology, data, research and development, current and prospective subscribers, licensors, service providers, financial information, business plans and other information not generally known to the public. Information will not be deemed Confidential Information hereunder if such information is: (A) known to a receiving party prior to receipt thereof from a disclosing party, whether directly or indirectly, from a source having lawful possession of such information that does not have an obligation of confidentiality to the disclosing party with respect thereto; (B) becomes known (independently of disclosure by a disclosing party) to a receiving party, directly or indirectly, from a source having lawful possession of such information that does not have an obligation of confidentiality to the disclosing party with respect thereto; (C) becomes publicly known, except through a breach of this Section by a receiving party or a third party acting on its behalf; or (D) is independently developed by a receiving party without use or reference to the disclosing party's Confidential Information.

(b) Each of the Subscriber and the Company, as a receiving party, acknowledges that it will have access to the other's Confidential Information, as a disclosing party. Neither the Subscriber nor the Company shall, directly or indirectly: (i) use any such Confidential Information in any way for its own account or the account of any third party, except in connection with the exercise of its rights and the performance of its obligations under these Terms, or (ii) disclose or make available, directly or indirectly, any such Confidential Information to any third party, other than furnishing such Confidential Information to (A) its employees, independent contractors and consultants who have a "need-to-know" or are required to access such Confidential Information in connection with the exercise of its rights and the performance of its obligations under these Terms, and (B) its professional advisers (e.g., lawyers and accountants) ("Authorized Person"), provided that any and all such Authorized Persons are bound by written agreements or ethical duties to treat, hold and maintain such Confidential Information in accordance with these Terms. Any act or omission of a receiving party's employees, independent contractors, consultants or Authorized Persons in breach of this Section that would be a breach of this Section if arising out of the acts or omissions of a receiving party shall be deemed a breach of these Terms by the receiving party. Neither the Subscriber nor the Company, as a receiving party, will allow any unauthorized person access to the other's Confidential Information, and each will take commercially reasonable actions designed to protect and maintain the confidentiality of such Confidential Information, including by implementing and enforcing procedures to minimize the possibility of unauthorized access to, use or copying of such Confidential Information.

(c) If a receiving party is required by any law, rule or regulation to make any disclosure of any of a disclosing party's Confidential Information, whether by subpoena, judicial or administrative order or otherwise, the receiving party shall first promptly give written notice of such requirement to the disclosing party, and will permit the disclosing party to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide reasonable cooperation and assistance to the disclosing party in seeking to obtain such protection.

(d) Each of the Subscriber and the Company will comply with all applicable federal, state, local and other laws, ordinances, regulations, rules and codes applicable to it in connection with its activities under these Terms, including, without limitation, relating to privacy, data protection, confidentiality, security, integrity and protection of personal information ("Privacy Laws"). Additionally, if the Subscriber sends, records, or monitors SMS messages or other communications of any EUM or any third parties via the Service, then it will comply with all applicable laws, ordinances, regulations, rules and codes prior to doing so, including without limitation, making all required disclosures, and obtaining all required consents, authorizations or other permissions, necessary and sufficient to send, record or monitor communications using the Service. You acknowledge that the Company is merely a provider of technology and is not responsible in any way for your use, misuse or improper use of such technology or for your compliance with any and all applicable laws in connection therewith.

(e) Messaging Compliance. If the Subscriber sends notifications to any EUM or any third parties via the Service, without limiting Subsection (d) of this Section, the Subscriber will comply with, and will ensure each Authorized User complies with, the Telephone Consumer Protection Act ("TCPA") and its implementing regulations, the CAN-SPAM Act and its implementing regulations, any applicable federal or state law requirements related to making, sending or receiving consumer or any other messaging via telephone, SMS, email, chat or any other platform, the Telemarketing Sales Rule, the CTIA Messaging Principles and Best Practices, the requirements of any mobile network operator, and all applicable laws related to caller ID. As between the Company and the Subscriber, you affirm that you are solely responsible for complying with the foregoing.

Without limiting the foregoing, the Subscriber represents, warrants, and covenants on a continuing basis that:

(i) every mobile telephone number submitted to the Service was obtained directly from the EUM to whom it belongs in the course of that EUM's employment or engagement with the Subscriber, and was not purchased, rented, appended, harvested, or obtained from any third-party list, data broker, or lead source;

(ii) prior to submitting any mobile telephone number, the Subscriber has informed the EUM that they will receive text messages from the Service, and has not represented to the EUM that receipt of such messages is a condition of employment;

(iii) the Subscriber will promptly remove from the Service any mobile telephone number that has been reassigned or disconnected, or that the Subscriber has reason to believe no longer belongs to the EUM associated with it;

(iv) the Subscriber will not use any messaging feature of the Service to transmit marketing, promotional, advertising, political, or charitable-solicitation content, third-party content, or any content relating to sex, hate, alcohol, firearms, tobacco, cannabis, gambling, lending, or controlled substances; and

(v) the Subscriber will not attempt to contact, by any means, any EUM who has opted out of messaging for the purpose of soliciting that EUM to opt back in, and will not re-submit an opted-out number to the Service.

The Subscriber acknowledges that opt-out requests are processed by the Company and by applicable mobile network operators, that the Company cannot deliver messages to a number that has opted out, and that the Subscriber is solely responsible for establishing an alternative means of communicating with any EUM who has opted out. The Company makes no representation that any message will be delivered to any recipient.

19. SMS and Text Messaging

(a) Message Categories. The Service transmits text messages in two categories only: (i) one-time account activation and identity verification codes sent to an EUM at the direction of the Subscriber; and (ii) operational announcements composed by the Subscriber and sent to EUM who have activated an Account and consented to receive them. The Company does not transmit marketing or promotional messages through the Service, and the Subscriber is prohibited from doing so.

(b) Consent. No announcement message will be delivered to any EUM who has not completed in-Service activation and affirmatively consented to receive messages. Consent is captured by the Company at activation, is obtained separately from all other consents, and is not conditioned on employment or on the purchase of any goods or services. The Subscriber may not modify, bypass, pre-populate, or waive the consent flow on behalf of any EUM.

(c) Message Frequency and Rates. Message frequency varies. Message and data rates may apply, and the Company is not responsible for charges assessed by any recipient's mobile carrier.

(d) Opt-Out. Any recipient may opt out of text messages at any time by replying STOP to any message. Opt-out is honored immediately and permanently until the recipient replies START. Opt-out status is surfaced to the Subscriber within the Service so that the Subscriber may reach the affected EUM by other means. Announcements remain available to opted-out EUM through in-Service delivery and push notification.

(e) Mobile Information. Mobile telephone numbers and consent records collected through the Service are never sold, rented, or shared with third parties or affiliates for their own marketing or promotional purposes, and are shared with subprocessors only as strictly necessary to deliver messages, as further described in the Privacy Policy.

(f) Content Monitoring and Suspension. The Company may, but is not obligated to, review message content transmitted through the Service. Notwithstanding Section 15, the Company may suspend the Subscriber's messaging privileges immediately and without notice where the Company reasonably believes a message violates these Terms, applicable law, or the requirements of any mobile network operator, or where a mobile network operator or messaging provider has flagged, filtered, or blocked traffic originating from the Subscriber. Suspension of messaging privileges shall not entitle the Subscriber to any refund of Fees.

(g) Indemnity. Without limiting Section 22, the Subscriber shall indemnify, defend, and hold harmless the Company from any claim, action, penalty, or fine arising from the Subscriber's transmission of messages through the Service, including any claim under the TCPA or any analogous state statute, and any carrier penalty or fine assessed against the Company as a result of the Subscriber's messaging activity.

20. Disclaimer of Warranties

THE SERVICE IS PROVIDED TO YOU "AS IS" WITH ALL FAULTS AND DEFECTS, IF ANY, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SERVICE OR ANY OF ITS FEATURES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY SERVICE ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ANY TEXT MESSAGE TRANSMITTED THROUGH THE SERVICE WILL BE DELIVERED TO, OR RECEIVED OR READ BY, ANY INTENDED RECIPIENT, OR THAT ANY SUCH MESSAGE WILL BE DELIVERED WITHIN ANY PARTICULAR TIME. DELIVERY DEPENDS ON MOBILE NETWORK OPERATORS AND OTHER THIRD PARTIES OUTSIDE THE COMPANY'S CONTROL, AND MESSAGES MAY BE DELAYED, FILTERED, OR BLOCKED. THE SUBSCRIBER SHALL NOT RELY ON TEXT MESSAGING AS THE SOLE MEANS OF COMMUNICATING ANY URGENT, TIME-SENSITIVE, EMERGENCY, OR SAFETY-RELATED INFORMATION TO ANY EUM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. INSOFAR AS CERTAIN FEATURES OF THE SERVICE MAY MAKE AVAILABLE FORECASTS, RECOMMENDATIONS, ALERTS, NOTICES OR REMINDERS INTENDED TO SUPPORT YOUR OPERATIONS, THESE FEATURES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE, AND SHALL NOT BE CONSTRUED AS, OPERATIONAL, LEGAL, ACCOUNTING, TAX OR REGULATORY OR OTHER ADVICE. IT IS YOUR RESPONSIBILITY ALONE TO REVIEW, AND WHERE APPROPRIATE TO REVIEW WITH YOUR PROFESSIONAL LEGAL, ACCOUNTING, TAX OR REGULATORY OR OTHER ADVISORS, ALL SUCH SERVICE OUTPUTS IN ORDER TO ENSURE YOUR COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, AND INTERNAL OR EXTERNAL POLICIES.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE SUBSCRIBER DATA OR OTHER CONTENT FEATURED THEREON FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF SUBSCRIBER DATA OR OTHER CONTENT, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, ANY FAILURE OR DELAY IN THE DELIVERY OF ANY TEXT MESSAGE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT, IN THE AGGREGATE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE DURING THE THIRTY (30) DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH A CLAIM ARISES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

22. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, agents, affiliates, successors, and assigns, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your access to, use or misuse of the Service or your breach of these Terms, including but not limited to any Subscriber Data or other content that you or any other users that gain access to the Service through your Account (including without limitation any Authorized Users) may upload or enter, or otherwise make available through, the Service (including without limitation any such Subscriber Data or other content that may violate (a) the rights of any EUM or any other party, or (b) any applicable law), and including any claim arising from messages transmitted at your direction as set forth in Section 19(g).

23. Force Majeure

Neither Subscriber nor the Company shall be liable to the other under these Terms for any delay or failure in performance attributable to events beyond its reasonable control, including but not limited to any acts of God, natural disasters, war, terrorism, riots, government actions, labor disputes, service disruptions (including without limitation data center outages, power grid failures, mobile network outages and the like), and the unavailability of Third Party Services.

24. Notices

We may provide notices to you by email (directed to the email address(es) as set forth on the Subscription Page) or through the Service. You may provide notices to us by email directed to info@nationapp.com.

25. Severability

If all or any portion of any provision of these Terms is deemed illegal or unenforceable under applicable law, the provision or any portion of the provision (as applicable) will be amended to achieve, as closely as is possible, the effect of the original provision, and all other provisions of these Terms will continue in full force and effect.

26. Governing Law; Jurisdiction and Venue

These Terms shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the state or federal courts located in the City of Atlanta and County of Fulton, Georgia, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Further, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

27. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

28. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the Company's prior written consent thereto. The Company's rights and obligations under these Terms shall be freely assignable to any successor in interest to (a) the Service, (b) that portion of the Company's business or assets that are related to the Service, or (c) all or substantially all of the business or assets of the Company.

29. Entire Agreement

These Terms, together with your Subscription and our Privacy Policy, each of which is incorporated herein by this reference, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.

30. Waiver

No failure to exercise, and no delay in exercising, on the part of either you or the Company, any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power hereunder preclude the further exercise of that or any other right or power hereunder. In the event of a conflict between these Terms and any terms set forth in your Subscription, these Terms shall govern.

Exhibit A

Team Member Text Message Consent

The following disclosure is presented to each EUM within the Nation App at account activation. It is a separate agreement between the Company and the individual recipient, and is reproduced here for reference. It is not part of the Subscriber's agreement and may not be modified, waived, or accepted by the Subscriber on any EUM's behalf.

By creating your account, you agree to Nation App's Terms of Service and Privacy Policy, and consent to receive important store announcements from your employer via Nation App at the phone number provided. Consent is not a condition of employment. Message frequency varies. Message and data rates may apply. Reply HELP for help or STOP to opt out. Mobile numbers are never sold or shared with third parties for marketing.

This disclosure is displayed adjacent to an unchecked checkbox that the EUM must affirmatively select, with the Terms of Service and Privacy Policy presented as live links. The Company records the date and time of acceptance, the device or network identifier associated with the acceptance, and the version of the disclosure text displayed.