End-User License Agreement (EULA)

This End-User License Agreement (“EULA”) is entered into by and between Lulo Solutions LLC, a limited liability company organized and existing under the laws of the State of Wyoming (“Lulo Solutions”, “Company”, or the “Company”), and any individual or entity that accesses or uses the Exlink platform, whether through the Company’s website located at www.exlink.org or through the Exlink mobile application for iOS and Android (the “Mobile Application”), or any other resource available on the Company’s website (collectively, the “Service”) (each such individual or entity, a “User”). This EULA shall become effective as between the Company and a User on the earliest date on which the User first accesses or uses Exlink, the Mobile Application, or any other resource on the Company’s website at www.exlink.org (the “Effective Date”).

1. Use of the Service; License

Terms of Service. The Lulo Solutions Terms of Service, as posted on the Company’s website at exlink.org/legal, are incorporated herein and made a part hereof by this reference. By accessing or using the Service, User agrees to be bound by this EULA and the Terms of Service. If User does not wish to be bound by this EULA or the Terms of Service, User is not authorized to access or use Exlink or any other resource on the Company’s website at www.exlink.org and must immediately discontinue all access to and use of the Service. The Company may block said dissenting User’s access to and use of the Service.

License. Subject to User’s agreement to be bound by this EULA and the Terms and Conditions, and provided that User is an Authorized User pursuant to the Terms and Conditions, the Company hereby grants User a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service in accordance with the authorization granted to the User pursuant to the Terms of Service and the applicable Client’s Joinder Agreement.

Mobile Application License. The license to download, install, and run the Mobile Application on a device is granted under the standard end-user license terms of the app store through which the Mobile Application is obtained. This EULA governs the User’s access to and use of the Service, including access through the Mobile Application, and does not modify or supersede those app store terms.

Compliance with Law. User agrees to comply with all applicable laws and regulations in connection with its use of the Service, including but not limited to any data protection and privacy laws, as well as any laws and regulations governing Exchange Services (as defined in the Terms and Conditions).

2. Age Restriction

A User must be at least thirteen (13) years of age to access or use the Service. The Company reserves the right to terminate access to or use of the Service for any individual under thirteen (13) years of age.

3. Restrictions on Use

All Users are bound by the restrictions on use of the Service contained in the Terms and Conditions, in addition to the following restrictions:

(a) A User or Client may not copy, reproduce, distribute, publish, display, perform, or create derivative works based on Exlink or any other resource on the Company’s website, except as expressly permitted in this EULA or the Terms of Service.

(b) A User or Client may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Exlink platform or any other resource on the Company’s website.

(c) A User or Client may not rent, lease, sublicense, sell, assign, or otherwise transfer its rights in Exlink or any other resource on the Company’s website.

(d) A User or Client may not move, alter, or obscure any copyright, trademark, or other proprietary notices on or in Exlink or the Service.

(e) Notwithstanding anything to the contrary herein, a User or Client may not use Exlink or the Service for any illegal or unauthorized purposes, or in any manner that violates any applicable laws or regulations, including but not limited to the transmission of any illegal or explicit content.

4. Elective Product or Service Offers

(a) Informational Messages. The Company may send a User limited informational or promotional communications (each, a “Third-Party Offer”) concerning products or services supplied by vendors that: (i) hold current CSIET accreditation (or equivalent) and (ii) are not in direct competition with the Client that authorizes the User’s access, except where the Client’s instance is a White-Label Licensee under Section 19(g) of the Terms of Service and has not opted in.

(b) Delivery and Data Use. Third-Party Offers are delivered only by the Company. The Company will not disclose a User’s Personal Information to a third-party vendor for that vendor’s own marketing purposes without the User’s separate written consent.

(c) User Opt-Out. A User may opt out of further Third-Party Offers at any time by (i) clicking the unsubscribe link contained in the message, or (ii) adjusting notification settings within the Service. Opt-out requests will be honored within ten (10) business days.

(d) No Endorsement; Independent Transactions. Third-Party Offers are provided as a convenience only. The Company does not endorse, warrant, or assume responsibility for any third-party product or service, and any purchase made in response to a Third-Party Offer is solely between the User (or Client) and the applicable vendor. Sections 5 (“Term and Termination”) and 6 (“Updates and Modifications”) of this EULA shall apply to this Section 4 with such changes as are necessary.

(e) Consideration. The Company may receive referral fees or similar consideration in connection with Third-Party Offers.

(f) Regulatory Compliance. All Third-Party Offers will comply with applicable law, including CAN-SPAM (United States), the EU e-Privacy Directive / General Data Protection Regulation (GDPR), and any rules governing marketing communications directed to minors.

5. Term and Termination

The term of this EULA shall commence on the Effective Date and shall continue in full force and effect until terminated in accordance with the provisions set forth in the Terms and Conditions.

6. Updates and Modifications

(a) The Company reserves the right, at any time and from time to time, to update or modify this EULA or the Terms of Service, or to discontinue the Service, in whole or in part, in the Company’s sole and absolute discretion. The Company will make reasonable efforts to notify Users and Clients of any such changes by posting notice on the Company’s website or through other reasonable means.

(b) Continued use of the Service by a User or Client following the posting of any such changes shall constitute acceptance of those changes. A User or Client that objects to any such change shall immediately cease all use of the Service, at which time said User’s or Client’s License shall be deemed terminated, and such User or Client shall no longer be permitted to access or use the Service.

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BY ACCESSING OR USING EXLINK OR ANY OTHER RESOURCE ON THE COMPANY’S WEBSITE AT WWW.EXLINK.ORG, USER AGREES TO BE BOUND BY THIS END-USER LICENSE AGREEMENT (“EULA”). IF A USER DOES NOT AGREE TO BE BOUND BY THIS EULA, SUCH USER IS NOT AUTHORIZED TO ACCESS OR USE EXLINK OR ANY OTHER RESOURCE ON THE COMPANY’S WEBSITE AT WWW.EXLINK.ORG AND MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO AND USE OF EXLINK AND ANY OTHER RESOURCE ON THE COMPANY’S WEBSITE. THE COMPANY MAY BLOCK ACCESS TO AND USE OF THE COMPANY’S WEBSITE BY ANY PERSON WHO DOES NOT AGREE TO THIS EULA, OR WHO VIOLATES A CLIENT’S JOINDER AGREEMENT, OR THE COMPANY’S TERMS AND CONDITIONS (AS POSTED ON THE COMPANY’S WEBSITE AT WWW.EXLINK.ORG/LEGAL).