Policies

Privacy Policy

This Privacy Policy describes how Presidio Creative, LLC. (together with its affiliated companies - "Quiz Kit", "Presidio Up", "Duplify", "Function Junction", "we", or "us") collects, stores, uses and discloses personal data when you interact with Quiz Kit, including when you visit or interact with any of our linked websites, participate in any of our events, interact with any of our online ads and content, emails, sales and marketing channels, integrations or communications under our control (“sites”, and collectively with our eCommerce Operating System platform, the “Services”).

Please review this Privacy Policy carefully, and please use the information herein to make informed choices. If you have any concerns or questions about our privacy practices, please feel free to contact us. By accessing the sites, registering for an account, or making a purchase from us, you are agreeing to all of the terms set forth in this Privacy Policy.

If you do not agree to this Privacy Policy, do not use the sites, purchase our products, interact with us, or give us any information. Your continued use of the sites and/or of our Services means that you agree to this privacy policy.

Our Services are designed for businesses and are not intended for personal or household use. Accordingly, we treat all personal data covered by this Privacy Policy, including information about any visitors to our sites, as pertaining to individuals acting as business representatives, rather than in their personal capacity.

You are not legally required to provide us with any personal data. If you do not wish to provide us with your personal data, or to have it processed by us or any of our service providers, please do not provide it to us and avoid any interaction with us or with any of our Services.

Specifically, this Privacy Policy describes our practices regarding:

Data Collection & Processing
Data Uses & Lawful Bases for Processing
Data Storage and Transfer
How Long We Retain Your Personal Data
How We Share or Otherwise Disclose Your Personal Data
Cookies and Data Collection Technologies and Do Not Track
Communications
Data Security
Data Subject Rights
Data Controller/Processor
US Privacy Policys
Additional Notice & Contact Details

1. Data Collection & Processing

When we use the term “personal data” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or identified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

We collect the following categories of personal data, with respect to the following types of data subjects:

Merchant Data: personal data that we collect, process and manage on behalf of our business customers (“merchants” or “customers”), as part of our eCommerce Operating System platform (“platform”). We process such Merchant Data on behalf of and under the instruction of the respective customer. Accordingly, this Privacy Policy (which describes Quiz Kit’s own privacy and data processing practices) does not apply to such processing done on its customers’ behalf. To learn about the Privacy Policy and practices of our customers, please contact them directly.
User Data: personal data concerning our customers’ internal focal persons who directly engage with Quiz Kit concerning their organizational account, and users of the platform on behalf of such customers, e.g., the account administrators and users, billing contacts and authorized signatories on behalf of the customer (collectively, “users”); as well as the customer’s business needs and preferences, as identified to us or recognized through our engagement with them.
Prospect Data: personal data relating to visitors of our websites, participants at our events, and any other prospective customer, user or partner (collectively, “prospects”) who visits, purchases, or otherwise interacts with our sites and Services.

Specifically, we collect or generate the following types of personal data about such individuals through the Services:

Usage, login credentials, and device information concerning customers, users and prospects (connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses;
Information concerning our customers, users and prospects (contact and business details such as name, email, phone number, position, workplace and professional information, and related business insights, our communications with such individuals (correspondences, sensory information including call and video recordings, and transcriptions and analyses thereof), feedback and testimonials received, contractual and billing details, as well as any expressed, presumed or identified needs, preferences, attributes and insights relevant to our potential or existing engagement), purchasing details including interest and/or purchase history, commercial information, including records of our products or services purchased, obtained, or considered);
Personal data contained in Customer Data which is provided by our customers or processed on their behalf and under their instruction, which may also include any of the types of personal data described above (with respect to users or other individuals whose data is contained in the Customer Data).

2. Data Uses & Lawful Bases for Processing

If you reside or are using the Services in a territory governed by privacy laws under which “Consent” is the only or most appropriate lawful basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by us or via the Services, or due to nature of such processing), your acceptance of our Terms of Service (or the execution of another service agreement with Quiz Kit) and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Privacy Policy, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at privacy@quizkitapp.com.

We do not sell your personal data for the intents and purposes of the California Consumer Privacy Act (CCPA) or California Consumer Rights Act (CPRA) and have not sold your personal data in the past.

3. Data Storage and Transfer

We and our authorized service providers (further detailed below) maintain, store and process personal data in the United States of America, as reasonably necessary for the proper performance and delivery of our Services, for our internal business purposes in the locations where Quiz Kit resides, or as may be required by law.

While privacy laws may vary between jurisdictions, Quiz Kit is committed to protect personal data in accordance with this Privacy Policy and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.

4. How Long We Retain Your Personal Data

We retain personal data for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy and applicable laws.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.

Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete, anonymize or restrict access to it for any reason and at any time, with or without notice to you.

If you have any questions about our data retention policy, please contact us by e-mail at privacy@quizkitapp.com.

5. How We Share or Otherwise Disclose Your Personal Data

We disclose personal data in the following ways:

Service Providers: We engage selected third-party companies and individuals to perform services on our behalf or complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, content transcription and analysis services, performance measurement, data optimization and marketing services, social and advertising networks, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial, privacy and compliance advisors (collectively, “service providers“). Our service providers may have access to personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them.

Partnerships: We engage selected business and channel partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our customers, users and prospects. In such instances, we may share relevant contact, business and usage details with the respective partner, to allow them to engage with those entities and individuals for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement that is not directly related to the Services and directed by Quiz Kit is beyond the scope of Quiz Kit’s Terms of Service and this Privacy Policy, and may therefore be covered by the partner’s own terms and policies. Please review the privacy policys and terms of services of those businesses for more information about what each of those businesses does with your personal data.

Service Integrations: Using our Services to their fullest extent requires connecting or integrating with third-party services, for example, Facebook, Google Ads, Klaviyo, ReCharge, and more in order to share or receive data, which may include personal data, to the platform, or to enrich the data you have processed on the platform. The provider of this connected or integrated third-party service may receive certain relevant data about or from your account on the Services, or share certain relevant data from your account on the third-party provider’s service with our Services, depending on the nature and purpose of such integration. This could include Customer Data and/or User Data. Note that we do not receive or store your passwords for any of these third-party services (but do typically require your API key in order to integrate with them).

Sharing your Feedback or Recommendations: If you submit a public review or feedback, note that we may (at our discretion) store and present your review on our sites and in our Services. If you wish to remove your public review, please contact us at privacy@quizkitapp.com.

Business Customers: Our customers have access to any personal data we process on their behalf in our capacity as a “processor” or a “service provider”, as well as to personal data relating to their users, as it relates to their use of our Services.

Legal Compliance: We may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.

Protecting Rights and Safety: We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Quiz Kit and our employees, any of our prospects, users or customers, or any members of the general public.

Quiz Kit Subsidiaries and Affiliated Companies: We may share personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should Quiz Kit or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be shared with or transferred to the parties involved in such an event. We may disclose personal data to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy or receivership.

For the avoidance of doubt, Quiz Kit may share personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.

6. Cookies and Data Collection Technologies and Do Not Track

We and our service providers use “cookies”, anonymous identifiers, pixels, container tags and other technologies in order to provide our Services and ensure that they perform properly, to analyze our performance and marketing activities, for personalization purposes, for product development and improvements, and to personalize your experience.

Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser tab or window. These are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types.

We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the platform. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools. We may also use HTML5 local storage or Flash cookies for the above-mentioned purposes. These technologies differ from browser cookies in the amount and type of data they store, and how they store it.

Whilst we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services.

We also use the web analytics tool Google Analytics. This tool helps us understand users’ behavior on our Services, including by tracking page content, and click/touch, movements, scrolls and keystroke activities. Further information about the privacy practices of our analytics service provider is available at: www.google.com/policies/privacy/partners. Further information about your option to opt-out of this analytics service is available at: https://tools.google.com/dlpage/gaoptout.

Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.

For more information on our cookie and data collection technologies practices, you may also use the “Cookie settings” feature available in our Services depending on your location and activity on our Services, as applicable.

7. Communications

We engage in service and promotional communications, through e-mail notifications.

Service Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use of some of our Services (like password resets or billing notices).

Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, as our customer, user or prospect, subject to any necessary collection of your consent as appropriate based on applicable laws. We may provide such notices through any of the contact means available to us, through the Services, or through our marketing campaigns on any other sites or platforms.

If you do not wish to receive such promotional communications, you may notify us at any time by sending an e-mail to: support@quizkitapp.com, or sending us a request through the live chat in the Quiz Kit website/app, or by following the instructions contained in the promotional communications you receive.

8. Data Security

We have implemented industry-standard physical, procedural and technical security measures, designed to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. As such, your use of the Services is at your own risk and, when you register an account with us, we encourage you to choose passwords of sufficient length and complexity and not used to access any other site or services, install the latest security updates and anti-virus software on your computer/device to help prevent malware and viruses, not share your password with others, and review your account information periodically. If there is any unexpected activity or inaccurate information or if you have reason to believe that your information is no longer secure, or if you have any questions about our security, please contact us by e-mail at privacy@quizkitapp.com.

9. Your Data Subject Rights

Individuals have rights concerning their personal data as detailed below and, with respect to all requests, we may need to ask you to provide us with certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to exercise your rights. Such additional data may be then retained by us for legal, compliance and auditing purposes (e.g., as proof of the identity of the person submitting the request or proof of request fulfillment).

We may redact from the data that we will make available to the requesting data subject any personal data related to others.

Please contact us by e-mail at: privacy@quizkitapp.com or send us a request through the live chat in the Quiz Kit website/app if you wish to exercise your privacy rights under any applicable law, including the EU or UK General Data Protection Regulation (GDPR), or the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) and others such as – to the extent applicable – the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with Quiz Kit, or to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future), or to port such personal data, or the right to equal services and prices (e.g. freedom from discrimination) (each to the extent available to you under the laws which apply to you). Under some regulatory frameworks, such as the GDPR, you may also have the right to lodge a complaint with the relevant supervisory authority, as applicable. These rights are also subject to various exclusions and exceptions under applicable laws. We will not charge a fee to process or respond to your verifiable privacy request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Alternatively, we may refuse to comply with your request in such circumstances.

We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal data.

Please also note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers. We will provide details of our reasoning to you in our correspondence on the matter.

10. Data Controller/Processor

Certain data protection laws and regulations, such as the EU GDPR, UK GDPR, CCPA/CPRA, and VCDPA, typically distinguish between two main roles for parties processing personal data: the “data controller” (or under the CCPA/CPRA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA/CPRA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.

Quiz Kit is the “data controller” of Prospect Data. With respect to such data, we assume the responsibilities of data controller (to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our service providers processing such data will assume the role of “data processor”.

Quiz Kit is the “data processor” of Customer Data, which we process on behalf of our customers (who are each, as relevant, the “data controller” of such data). In such instances, our service providers who process such Customer Data on our behalf are the “sub-processors” of such data.

Quiz Kit is both a “data controller” and “data processor” of User Data. Such data is processed by Quiz Kit for its own purposes (as described in Section 2 above), as an independent ‘controller’; whilst certain portions of it which are included in Customer Data will be processed by us on our customer’s behalf, as a ‘data processor’.

Accordingly, Quiz Kit processes Customer Data (which includes some User Data) strictly in accordance with our customer’s reasonable instructions and other commercial agreements with such customer.

Our customers are solely responsible for determining whether and how they wish to use our Services, and for ensuring that all individuals using the Services on their behalf, as well as all individuals whose personal data may be included in Customer Data processed through the Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the collection, recording, use or other processing of data through our Services are fully met by the customer, including specifically in the context of an employment relationship. Our customers are also responsible for handling data subject rights requests under applicable law, by their users and other individuals whose data they process through the Services.

11. US Privacy Policys

California Requirements:

This Privacy Policy describes the categories of personal data we may collect and the sources of such information (in Section ‎1 above), and our retention (Section ‎4) and deletion rights (Section ‎9) practices. We also included information about how we may process your information (in Sections ‎2 through ‎7), which includes for “business purposes” under the California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA). We do not sell your personal data for the intents and purposes of CCPA. We may disclose personal data to third parties or allow them to collect personal data from our Services as described in Section ‎5 above, if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or if you integrate the services of third parties with our Services, or direct us to disclose your personal data to third parties, or as otherwise described in Section 5 above.

You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us.

We currently do not collect household data. If we receive a Right to Know or Right to Delete request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13 as we do not collect Personal data from any person under the age of 13.

Virginia Requirements:

We do not disclose a user’s personal data to any third party for such third-party’s direct marketing purposes.

If you have any questions or would like to exercise your rights under the CCPA/CPRA, Nevada S.B.220, or VCDPA, you can contact privacy@quizkitapp.com.

12. Additional Notices & Contact Details

Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you. In the event consent is required based on where you reside, you will be asked to consent prior to being allowed to access our Services subsequent to a Privacy Policy update/amendment.

External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.

Children: Our Services are not designed to attract minors. We do not knowingly collect personal data from minors and do not wish to do so. If we learn that a person who is considered a minor according to applicable law is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such minor. If you believe that we might have any such data, please contact us by e-mail at privacy@quizkitapp.com.

Contacting Us: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, please contact Quiz Kit’s privacy team at privacy@quizkitapp.com.

Information Security Policy

Presidio Creative

____________________________________________________________________________

Purpose

Presidio Creative's Information Security Policy has been developed to: establish a general approach to information security and the minimization of information misuse, compromise or loss; document security processes and measures; uphold ethical standards and meet the company's regulatory, legal, contractual, and other obligations; control business risk; and ensure that the appropriate company image and reputation is presented.

Scope

This policy applies to:

Information in any form, regardless of the media on which it is stored, as well as, any facility, system, or network used to store, process, and/or transfer information.
All Presidio Creative employees, temporary staff, partners, contractors, vendors, suppliers, and any other person (collectively also referred to as “Staff” or “Personnel”) or entity that accesses the company's networks or any other public or private network through company's networks or systems.
All activity while using or accessing the company's information or information processing, storage, or transmission equipment, while on the company premises (owned, rented, leased, or borrowed) or remotely.
Information resources that have been entrusted to the company by any entity external to the company (i.e. Customers, Staff, and others).
Documents, messages, and other communications created on or communicated via the company systems are considered the company's business records and, as such, are subject to review by third parties in relation to audits, litigation, process improvement, and compliance.

Background

This policy is the overarching policy over the rest of the security policies, which make up the company's information security program (ISP). The series of security policies includes:

Acceptable Use Policy
Asset Management Policy
Backup Policy
Business Continuity/Disaster Recovery Plans
Code of Conduct
Data Classification, Retention, and Protection Policies
Encryption and Password Policies
Incident Response Plan
Physical Security Policy
Responsible Disclosure Policy
Risk Assessment Policy
Software Development Life Cycle Policy
System Access Management Policy
Vendor Management Policy
Vulnerability Management Policy

Information Security Objectives

It is the policy of Presidio Creative that information, as defined hereinafter, in all its forms--written, spoken, recorded electronically or printed--will be protected from accidental or intentional unauthorized modification, destruction or disclosure throughout its life-cycle. This protection includes an appropriate level of security over the equipment and software used to process, store, and transmit that information. Ultimately, the information security goal of Presidio Creative is to maintain:

Confidentiality: data and information are protected from unauthorized access
Integrity: Data is intact, complete and accurate
Availability: IT systems are available when needed

Presidio Creative's information security objectives, consistent with the company's information security program are:

To protect information from all internal, external, deliberate, or accidental threats;
To enable secure information sharing;
To encourage consistent and professional use of information;
To ensure clarity about roles and responsibilities associated with protecting information;
To ensure business continuity and minimize business damage; and,
To protect the company from legal liability and the inappropriate use of information.

Roles and Responsibilities

The SECURITY OFFICER is responsible for:

The design, development, maintenance, dissemination, and enforcement of the items contained in this policy and other ISP policies.

Policy Review

At minimum on an annual basis, a of senior management and key personnel will discuss, evaluate and document the company's information security policy, ensuring strategic goals and objectives are continually being developed.

At a minimum on an annual basis, all security policies will be reviewed, modified and/or edited to meet necessary security standards. All policies will be signed and approved by authorized personnel.

Accessibility

Policies and/or procedures will be made accessible to employees for review at all times via the compliance automation SaaS, Drata.

Exceptions

Requests for any exceptions to any policies included within the ISP must be approved by Presidio Creative's Executive Management after proper review. Any approved exceptions will be reviewed annually.

Policy

Personnel Security

All personnel will be required to acknowledge in writing their understanding of the Information Security Policy, the Code of Conduct, and other topic-specific policies based on their job function during onboarding and annually thereafter. New hire onboarding will be completed within 30 days of hire.

Background checks will be conducted on candidates for employment (employees, temporary personnel, and third parties as deemed necessary) prior to hire using a third-party service provider and in accordance with relevant laws, regulations, and ethics, and proportional to the business requirements. The HR/People team will retain records of the background checks.

Management will evaluate candidates for employment through a formal interview process. The process may include verification of academic and professional qualifications, identity verifications, validation of references, technical interviews, or other steps as deemed applicable based on the job position.

Training

Management will ensure that employees, contractors and third party users:

Are properly briefed on their information security roles and responsibilities prior to being granted access to covered information or information systems;
Are provided with guidelines which state security expectations of their role within the organization;
Are regularly notified of security changes and updates, as well as reminded of security responsibilities to be undertaken, via annual security awareness training and annual policy acknowledgements;
Are motivated and comply with the security policies of the organization;
Achieve a level of awareness on security relevant to their roles and responsibilities within the organization;
Conform to the terms and conditions of employment, which includes the organization's information security policy and appropriate methods of working.

All new hires are required to complete information security awareness training as part of their new employee onboarding process and annually thereafter. Ongoing training will include security and privacy requirements as well as training in the correct use of information assets and facilities. Records to evidence completion of training for all personnel will be retained. The periodic security awareness training will be supplemented with multiple methods of communicating awareness and educating personnel as deemed necessary by management, such as newsletters, web-based training, in-person training, periodic phishing simulations, etc.

The organization will properly communicate to its workforce and, if appropriate, contractors:

Security updates, changes, and incidents, as needed, via email or appropriate Slack channels.
Reminders for security responsibilities as part of the annual security awareness training.

In addition, consistent with assigned roles and responsibilities, incident response and contingency training to personnel will be provided:

Annually.

Presidio Creative will provide periodic security awareness training to personnel that will cover how to identify and report insider threats. All employees at Presidio Creative are responsible for reporting potential insider threats promptly through the proper organizational channels.

This training will be extended to management and supervisory managers, including those of business units, to ensure the effective coordination of information security activities.

Intellectual Property Rights

Presidio Creative takes handling and safeguarding of intellectual property very seriously. Intellectual property rights include software or document copyright, design rights, trademarks, patents and source code licenses.

To ensure this the following procedures will be maintained:

Software will only be acquired through known and reputable sources, to ensure that copyright is not violated.
An asset inventory will identify all assets with requirements to protect intellectual property rights.
Proof and evidence of ownership of licenses, master disks, manuals, etc. will be maintained.
Review of the asset inventory will also make sure that only software and licensed products are installed.
Will ensure compliance with terms and conditions for software and information obtained from public networks

Information Security Requirements Analysis & Specifications

Presidio Creative will identify its information security requirements through utilizing different methods, ensure the results of the identification are documented and reviewed by all stakeholders, and will integrate the requirements and associated processes in early stages of projects.

Methods

Policies and regulations
Threat modeling
Incident reviews
Use of vulnerability thresholds

Factors

Level of confidence required towards the claimed identity of users, in order to derive user authentication requirements.
Access provisioning and authorization processes, for business and privileged or technical users.
Informing users and operators of their duties and responsibilities.
Protection needs of assets, especially in terms of availability, confidentiality, integrity.
Business processes (e.g., transaction logging and monitoring, non-repudiation requirements).
Other security controls (e.g. interfaces to logging and monitoring or data leakage detection systems).

Employment Terms and Conditions

The following terms and conditions of employment at Presidio Creative are the contractual obligations for employees or contractors for the safeguarding of information. They include, but are not limited to:

Signing a confidentiality or non-disclosure agreement (NDA) prior to access to confidential information and processing facilities.
Legal responsibilities and rights, particularly concerning intellectual property.
Responsibilities for the classification of information and management of organizational assets associated with information, information processing facilities and information services handled by an employee or contractor.
Responsibilities for handling of information received from third parties.
Reviewing and agreeing with the security policies of the company.
Duration of responsibilities beyond end of employment.
Actions to be taken for non-compliance with the terms and conditions, and the company's security policies.

Disciplinary Process

Presidio Creative's discipline policy and procedures are designed to provide a structured corrective action process to improve and prevent a recurrence of undesirable employee behavior and performance issues. It has been designed to be consistent with Presidio Creative cultural values, Human Resources (HR) best practices, and employment laws.

Presidio Creative reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. The level of disciplinary intervention may also vary. Some of the factors that will be considered are whether the offense is repeated despite coaching, counseling, or training, the employee's work record, and the impact the conduct and performance issues have on the organization.

Step 1: Verbal Warning and Counseling

This initial step creates an opportunity for the immediate supervisor to schedule a meeting with an employee to bring attention to an existing performance, conduct or attendance issue. The supervisor should discuss with the employee the nature of the problem or the violation of company policies and procedures. The supervisor is expected to clearly describe expectations and the steps the employee must take to improve performance or resolve the problem.

Step 2: Formal Written Warning

If the employee does not promptly correct any performance, conduct or attendance issues that were identified in Step 1, a written warning will become formal documentation of the performance, conduct, or attendance issues and consequences. The employee will sign a copy of the document to acknowledge receipt and understanding of the formal warning. During Step 2, the immediate supervisor and HR representative will meet with the employee to review any additional incidents or information about the performance, conduct or attendance issues as well as any prior relevant corrective action plans. Management will outline the consequences for the employee of his or her continued failure to meet performance or conduct expectations.

A formal performance improvement plan (PIP) requiring the employee's immediate and sustained corrective action will be issued after a Step 2 meeting. A warning outlining that the employee may be subject to additional discipline up to and including termination if immediate and sustained corrective action is not taken may also be included in the written warning.

Step 3: Suspension and Final Written Warning

There may be performance, conduct, or safety incidents so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. When immediate action is necessary to ensure the safety of the employee or others, the immediate supervisor may suspend the employee pending the results of an investigation. Suspensions that are recommended as part of the normal progression of this progressive discipline policy and procedure are subject to approval from a next-level manager and HR.

Step 4: Recommendation for Termination of Employment

The last step in the progressive discipline procedure is a recommendation to terminate employment. Generally, Presidio Creative will try to exercise the progressive nature of this policy by first providing warnings, a final written warning or suspension from the workplace before proceeding to a recommendation to terminate employment. However, Presidio Creative reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.

Management's recommendation to terminate employment must be approved by HR and the supervisor's immediate manager. Final approval may be required from the CEO.

Performance and Conduct Issues Not Subject to Progressive Discipline

Behavior that is illegal is not subject to progressive discipline, and such behavior may be reported to local law enforcement authorities. Theft, substance abuse, intoxication, fighting and other acts of violence at work are grounds for immediate termination.

Enforcement

Presidio Creative Management, under the explicit authority granted by the company CEO, retains the authority and responsibility to monitor and enforce compliance with this Policy and other policies, standards, procedures, and guidelines. Monitoring activities may be conducted on an on-going basis or on a random basis whenever deemed necessary by Management and may require investigating the use of the Company's information resources. The company reserves the right to review any and all communications and activities without notice.

Presidio Creative will take appropriate precautions to ensure that monitoring activities are limited to the extent necessary to determine whether the communications or activities are in violation of Company policies, standards, procedures, and guidelines or in accordance with normal business processing performance or quality activities.

Violation of the controls established in this Policy is prohibited and will be appropriately addressed. Disciplinary actions for violations may include verbal and/or written warnings, suspension, termination, and/or other legal remedies and will be consistent with our published HR standards and practices.

Terms and conditions

Presidio Creative

____________________________________________________________________________

Last Updated: October 6, 2025

IMPORTANT NOTICE

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

These Terms of Service (the "Agreement") constitute a binding contract between you and Presidio Creative. Throughout this Agreement, we will refer to you as "you" we will refer to Presidio Creative and its affiliates and subsidiaries as "we", "us", or "Presidio Creative", and we will refer to www.presidiodev.com as the "Website". This Agreement governs your use of the Website and any applications or related services offered by Presidio Creative from time to time, whether directly through the Website or through third-party websites or applications (the Website and all such applications and related services, including but not limited to Quiz Kit, are, collectively, referred to as the "Service").

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE ANY PART OF THE SERVICE.

Summary of Material Terms
General
Scope of License to Users
Registration and Eligibility
Fees; Payments
Spam
External Services and Third-Party Terms
Your Use of the Service and Presidio Creative Content
Ownership
Data Security
Confidentiality
Beta Products and Services
Consequences of Violating These Terms of Service
Changes to the Service or These Terms of Service
Third-Party Interactions and Disputes
Termination
No Warranty
Limitation of Liability
Third-Party Elements
Indemnity
Notice of Claims of Copyright Infringement
Arbitration and Class Action Waiver
Governing Law and Jurisdiction
Miscellaneous

1. Summary of Material Terms

As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:

a. the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;

b. the use of the Service may be subject to separate third-party terms of service and fees, which are your sole responsibility;

c. you consent to the collection, use, and disclosure of your personally identifiable information and other data in accordance with our Privacy Policy, including with respect to the collection of location information;

d. the Service is provided "as is" without warranties of any kind and Presidio Creative's liability to you is limited; and

e. disputes arising out of or relating to this Agreement (including, without limitation, its formation, performance or breach) with some limited exceptions will be resolved by binding arbitration, and the parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action.

2. General

a. The Service

Presidio Creative provides an online platform (the "Quiz Kit") that enables users ("Customers") to create, customize, and deploy online quizzes to collect information from quiz takers ("End Users," and together with Customers, "Users"). Quizzes may be white-labeled or display Presidio Creative branding, depending on the subscription plan(s) you choose through the Website or through the Quiz Kit workflow in one or more third-party websites or applications (the "Subscription Plan"). The features and limitations of the Service available to you, the duration of your rights to use the Service, the Fees associated with your use of the Service, and certain other terms are set forth in the Subscription Plan. The terms of each Subscription Plan, as may be amended from time to time, are incorporated into this Agreement.

b. Acceptance of Privacy Policy and DPA

Acceptance of Privacy Policy and DPA

We are committed to complying with all applicable data privacy and protection laws. Your use of the Service is subject to our Privacy Policy which is available at https://www.presidiodev.com/privacy (the "Privacy Policy"), and which is hereby incorporated by reference into this Agreement. By using the Service you agree that you have read, understood, and agree to all of the provisions of the Privacy Policy, including but not limited to those regarding the collection and use of data. In the event of any conflict between these Terms of Service and the Privacy Policy, the Privacy Policy will control. Depending on your jurisdiction, you may have rights regarding your personal information, including the right to access, correct, delete, restrict, or object to certain uses of your data, and to opt out of the sale or sharing of your personal information. Please see our Privacy Policy for more information on how to exercise these rights. In the event you and Presidio Creative enter into a Data Processing Agreement / Addendum (DPA), the terms of such DPA are hereby incorporated by reference and form a part of this Agreement.

c. End User Data

You are solely responsible for ensuring that you have all necessary rights, consents, and authority to collect, process, and use any data obtained from End Users through Quiz Kit, including compliance with all applicable data privacy and protection laws. If you deploy white-labeled quizzes, you must ensure that your collection and use of data complies with all notice and consent requirements under applicable law. Presidio Creative does not monitor the content of quizzes or the data collected. Presidio Creative acts as a data processor with respect to personal data collected through quizzes you deploy using the Service. You, as the Customer, are the data controller and are responsible for determining the purposes and means of processing such data. If you use the Service to deploy one or more quizzes, you acknowledge that End Users may not be aware that Presidio Creative is processing their data on your behalf. You are solely responsible for providing any required notices or obtaining any required consents from End Users regarding the collection and processing of their data by Presidio Creative as your data processor.

d. Automated Decision Making and AI

Some features of the Service may use artificial intelligence (AI) or automated decision-making technologies. Where required by law, you have the right to request human review of decisions made solely by automated means, to express your point of view, and to contest such decisions. AI-generated content may not always be accurate or appropriate; you are responsible for reviewing and verifying any such content before relying on it.

e. Users

To use the Service, you must be, and represent and warrant that you are 18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, at least 16 years of age, and able to agree to this Agreement. No part of the Service is directed to persons under the age of 16, and we do not knowingly collect personal information from persons under 16. IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If we become aware that we have collected personal information from a person under 16 without parental consent, we will take steps to delete such information promptly. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at support@presidiodev.com. The rights granted in this Agreement may be exercised solely by a single user unless otherwise provided in your Subscription Plan, in which case the rights granted herein may be exercised by the number of authorized users permitted under the Subscription Plan and identified under the control of the enterprise admin account. Each such authorized user shall comply with and be bound by this Agreement. If you use the Service on behalf of a company, entity, or organization (each a "Subscribing Entity"), you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to this Agreement, and (ii) agree to be bound by this Agreement on behalf of such Subscribing Entity. If Presidio Creative has previously prohibited you from accessing or using the Service, you are not permitted to access or use the Service.

3. Scope of License to Users

a. License Grant to You

Service is licensed, not sold, to you and you are permitted to use the functions and features of the Service made available to you by Presidio Creative only according to the terms of your Subscription Plan and this Agreement. Your rights to access and use the Service are limited, revocable, non-exclusive, non-transferable, and non-sublicensable, and are solely for your internal business operations or those of your Subscribing Entity. Except as expressly provided in the Subscription Plan, Presidio Creative has no obligation under this Agreement or otherwise to provide any professional services to you, including any training or development of any content strategy or custom content.

b. License Limitations

I. You may access the Service solely as intended through the provided functionality of the Service and as permitted under this Agreement. You may not do, or attempt to do, any of the following:

A. use the Service to provide services to any third party in support of such third party's business;

B. directly rent, lease, lend, sell, redistribute or sublicense the Service;

C. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law);

D. except as otherwise made available through the Service, display, mirror, publish, distribute, transmit, or transfer any portion of the Service;

E. remove or obscure any trademark symbols, copyright notices, or other intellectual property rights notices present in the Service or any content therein;

F. use any trademarks, service marks, design marks, logos, photographs or other content belonging to Presidio Creative or obtained from the Service;

G. use any part of the Service for third-party training, commercial time-sharing or service bureau use;

H. publish or disclose any benchmark tests of any part of the Service;

I. use any part of the Service for any illegal or unauthorized purpose, including any purpose in violation of any applicable law;

J. interrupt operation of any part of the Service or disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service;

K. interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service;

L. take any action that imposes, or may impose, as determined in Presidio Creative's sole discretion, an unreasonable or disproportionately large load on its infrastructure;

M. upload any invalid data, viruses, worms, or other software agents or malware to or through the Service;

N. bypass the measures used to prevent or restrict access to the Service, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Service; or

O. use the Service to collect credit card information or third parties' log-in credentials for other sites or platforms, highly sensitive personal information such as social security numbers, national ID cards or numbers, and the like, or the personal information of any third party, in each case where you do not have the permission of such third party to collect such information.

II. Additional Responsibilities

You are solely responsible for ensuring that you have all necessary rights, consents, and authority to collect, process, and use any data obtained from End Users through the Service, including compliance with all applicable data privacy and protection laws. If you deploy any quizzes, whether white labeled or not, you must ensure that your collection and use of data complies with all notice and consent requirements under applicable law. If you breach any of the restrictions in this Section 3(b), or otherwise exceed the scope of the licenses and rights granted in this Agreement, then you may be subject to prosecution and damages, liability for infringement of intellectual property rights, termination of your Subscription Plan, and denial of access to the Service. Presidio Creative reserves the right to pursue any other legal and equitable remedies available to it.

c. Applicability to Updates

The terms of this Agreement will govern any updates provided to you by Presidio Creative that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license or other agreement, in which case the terms of that license or revised agreement will govern to the extent of any inconsistencies between this Agreement and such license or other agreement.

4. Registration and Eligibility

a. Subscription Plans

Customers may apply for a subscription to distinct features of the Service by choosing one or more Subscription Plans through the Website or one or more third-party sources, websites or applications ("External Services"), which may ask you to provide certain information, including your name, email address and password. The information you provide must be accurate and complete. We reserve the right to approve or reject your application for a Subscription Plan in our sole discretion.

b. Account Security

I. Personal Account Responsibility

Your account with the Service is personal to you or the Subscribing Entity you represent, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials to the Service, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your or your Subscribing Entity's username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in the confidentiality of your or your Subscribing Entity's access credentials to the Service. You or the Subscribing Entity you represent shall be solely responsible for maintaining the confidentiality of your password.

II. Security Limitations

Security Limitations Presidio Creative cannot guarantee that unauthorized third parties will never be able to defeat our security measures. If you have any reason to believe that you or your Subscribing Entity's access credentials or other account information have been compromised or that your account has been accessed by a third party, you agree to immediately notify us via e-mail at support@presidiodev.com. You or the Subscribing Entity you represent will be solely responsible for the losses incurred by Presidio Creative and others due to any unauthorized use of your account with the Service.

5. Fees; Payments

a. Fees

Your access to and use of the Service is subject to the payment of all fees and other charges set forth in this Agreement, including the applicable Subscription Plan ("Fees"), and you agree to pay all Fees in accordance with this Agreement. Initiation of the Subscription Plan may require you provide valid payment account information or make other payment arrangements with Presidio Creative or a third-party payment processor on behalf of Presidio Creative. All information that you provide in connection with the Subscription Plan or other transaction with Presidio Creative and/or the Service must be accurate, complete, and current.

b. Automatic Renewal and Cancellation

Automatic Renewal and Cancellation If your Subscription Plan includes automatic renewal, we will provide clear and conspicuous notice of the renewal terms at the time of purchase. You may cancel your Subscription Plan at any time by following the instructions in your account settings or by contacting us at support@presidiodev.com. We will provide advance notice of any material changes to Subscription Plan fees or terms.

c. Payment Terms

You must pay each invoice, if any, issued by Presidio Creative within 30 days of issuance or, if applicable, comply with the manner and timing of payment specified in the applicable Subscription Plan. Any amounts not paid within the applicable payment period shall bear interest at the rate of one and one-half percent per month or the maximum rate allowed by law, whichever is less. The Service currently uses third parties to process payment of Fees. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars.

d. Taxes

Except for taxes on Presidio Creative's income, you are responsible for determining and paying all appropriate government taxes, fees, and service charges resulting from your use of the Service or any transaction occurring through the Service, including any sales, excise, service, use or other taxes now in effect or imposed later. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.

e. Audit Rights

We reserve the right to audit your use of the Service. Additional terms regarding such audits may be as set forth in a separate agreement.

f. Additional Features; Changes

Presidio Creative may add new features for additional fees and charges at any time. We may amend fees and charges for existing features at any time, and such amended fees shall go into effect immediately following the expiration of the then-current subscription term. Refunds for digital services are provided only as required by law or as otherwise explicitly set forth in this Agreement or in a Subscription Plan.

6. Spam

Spam You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Presidio Creative may utilize any means possible to block spammers and abusers from using the Service. If you believe spam originated from the Service or you receive spam via the Service, please email us immediately at support@presidiodev.com

7. External Services and Third-Party Terms

a. External Services Integration

The Service may contain certain functions and features, and may link, display or provide you with access to certain data, originating from External Services under agreements between such External Services and Presidio Creative. The specific External Services used to supply data are chosen by Presidio Creative in its sole discretion. When using the Service, you may be required to enter user identification, passwords and other credentials in order to access data originating with External Services. You are solely responsible for maintaining all valid credentials necessary to access External Services and Presidio Creative shall not be responsible for any failure by you to access or connect to any External Service due to invalid credentials. Presidio Creative is not responsible for and does not endorse any features, content, advertising, products, or other material on other websites or applications and you assume all risk arising from your use of such websites or applications.

b. Third-Party Terms Compliance

Presidio Creative has no control over and is not responsible for External Services or for the operational activities, privacy practices, data-collection practices, security, accuracy or content of any External Services. Access to, and use of, External Services may be subject to additional or different third-party terms and conditions and policies, including privacy policies (collectively, "Third-Party Terms") and may not be available in all languages or in all countries. Presidio Creative is not responsible for changes to Third-Party Terms or for your compliance with them. You agree to comply with all Third-Party Terms applicable to External Services.

c. Risk and Liability

Your access to External Services and use of any content or data supplied by External Services during your use of the Service is at your own risk. You understand that by using the Service you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, "Third-Party Materials"). You use the Service, and rely on any Third-Party Materials at your sole risk. Presidio Creative shall have no liability to you for any Third-Party Materials that may be found to be inaccurate, incomplete, untimely, invalid, illegal, indecent, or otherwise objectionable.

d. Third-Party Fees

You may incur third-party fees through use of the Service and you are solely responsible for all such fees incurred by you through your use of the Service.

8. Your Use of the Service and Presidio Creative Content

Your right to use the Service is expressly conditioned on the following:

a. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Presidio Creative Content (as defined below) available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Presidio Creative.

b. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Presidio Creative Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Presidio Creative makes available the means for embedding any part of the Service or Presidio Creative Content.

c. You agree not to access, tamper with, or use non-public areas of the Service, Presidio Creative's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Presidio Creative's providers.

d. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Presidio Creative employees and other Users.

E. You agree not to provide any false personal information to Presidio Creative or any other User, or create a false identity or impersonate another person or entity in any way.

f. You agree not to create or attempt to create a new account with Presidio Creative, without Presidio Creative's express written consent, if Presidio Creative has previously disabled an account of yours.

g. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users.

h. You agree not to use the Service, without Presidio Creative's express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in this Agreement.

i. You agree not to gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.

j. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.

k. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.

l. You agree not to violate (1) any applicable international, federal, state or local laws or regulations applicable to you, your products or services (or those of the Subscribing Entity), or any data you or the Subscribing Entity collect or process; (2) any judicial, governmental, or administrative order, judgment, decree or ruling or enforceable requirements of any industry self-regulatory body; or (3) any enforceable regulatory guidance and written or authoritative interpretation of any of the foregoing by a regulatory body.

m. You agree not to assist or permit any persons in engaging in any of the activities described above.

A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights and any other legal and equitable remedies available to us.

9. Ownership

a. Definitions

As used in this Agreement,

I. "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other proprietary or intellectual property rights.

II. "User Data" means any data collected or received from a User, or from External Services on a User's behalf, in connection with the Service. Please see the Privacy Policy for more details regarding the information Presidio Creative collects, and how it uses and discloses that information.

III. "Presidio Creative Content" means all output, content, data or information made available through or contained within the Service, including without limitation, text, documents, charts, logos, buttons, icons, "look and feel" and screenshots, audio and video recordings, graphics, photographs, still and moving images, sound, illustrations, information, and software, including the organization and arrangement of all such content within the Service, and all derivative works of any such content. Presidio Creative Content excludes (i) User Data and (ii) any content provided by an External Service.

b. Rights to Data

Subject to the licenses you grant to Presidio Creative below, as between you and Presidio Creative, you exclusively own all right, title, and interest in and to all User Data, including all Intellectual Property Rights therein. Presidio Creative is not responsible for the content or accuracy of any User Data and Presidio Creative may at any time and without prior notice remove, edit or block any User Data that Presidio Creative determines, in its sole discretion, to be in violation of this Agreement.

c. Use of Data

You hereby grant to Presidio Creative a non-exclusive, irrevocable, fully paid and royalty-free, transferable, sublicensable, worldwide license to collect, use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and create derivative works of the User Data, and any part thereof, (a) to the extent necessary or useful for Presidio Creative to provide the Services to you and to transfer raw and modified User Data to and from External Services, (b) in order to create, use, store, publish and distribute aggregate data, metadata, analyses and reports that do not identify you, (c) to comply with applicable legal requirements, including legal process and law enforcement requests, (d) to protect Presidio Creative's rights, property and operations, including to enforce Presidio Creative's agreements, policies, and terms and conditions, and to protect the rights, property and operations of Presidio Creative's affiliates, business partners, customers or others, (e) to protect the personal safety of any individual, and (f) disclose and transfer User Data to third parties and their agents in the event of a sale or transfer, or proposed sale or transfer, of all or a part of Presidio Creative's business, assets or stock to such third parties.

d. Third Parties

The authorizations you grant to Presidio Creative under this Agreement, including under this Section 9 (Ownership), will extend to service providers and other contractors exercising such rights and licenses on Presidio Creative's behalf, and Presidio Creative may share User Data with such third parties who provide services on Presidio Creative's behalf, subject to the restrictions applicable to Presidio Creative in this Agreement.

e. Your Representations and Warranties

You represent and warrant to Presidio Creative that (i) you own the User Data or otherwise have the right to grant the license set forth in this Agreement; (ii) the use of the User Data on or through the Service does not violate the trade secret rights, privacy rights, publicity rights, copyrights, intellectual property rights, or any other rights of any third party; and (iii) the use of the User Data on the Service does not result in a breach of contract between you and any third party, and (iv) you have obtained all required licenses, permits, authorizations, regulatory approval or other approvals for you to access and use the Service and for Presidio Creative to use, disclose and otherwise process the User Data on your behalf as set forth herein. You will also comply with all terms of use associated with External Services.

f. Reservation of Rights

Other than rights expressly granted to you in this Agreement, Presidio Creative retains all of its right, title and interest in and to the Service and all Presidio Creative Content, including all Intellectual Property Rights therein. Except as expressly provided in this Agreement, nothing herein shall be deemed to create a license in or under any such Intellectual Property Rights. Use of any Presidio Creative Content or other materials obtained through the Service for any purpose not expressly permitted in this Agreement is strictly prohibited.

g. Feedback

We appreciate hearing from our Users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, "Feedback"), we will:

I. own, exclusively, all rights to the Feedback;

II. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and

III. be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

10. Data Security

a. Secure Content

Data Security a. Secure Content Presidio Creative will implement and maintain commercially reasonable administrative, physical, and technical safeguards reasonably designed to prevent any unauthorized use, access, processing, destruction, loss, alteration or disclosure of your confidential account information, and User Data ("Secure Content"). However, Presidio Creative makes no representations that its information security program is adequate to safeguard sensitive personal information of any kind, including personal information that is subject to regulation under applicable data privacy laws, including, but not limited to the Gramm-Leach-Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), or the Children's Online Privacy and Protection Act (COPPA). You are solely responsible for compliance with Laws applicable to such sensitive personal information.

b. Security Breach

Presidio Creative will use commercially reasonable efforts to notify applicable Users and regulators as required by law following discovery of a breach or compromise of the security, confidentiality, or integrity of Secure Content. Presidio Creative will bear the costs of notification and remediation solely to the extent required by applicable law, and Users will otherwise be solely responsible for all costs associated with such a breach or compromise, including but not limited to the cost, timing and content of providing notice to any affected persons or other parties. You agree to promptly notify Presidio Creative if you discover or become aware of any security vulnerability or breach in any Presidio Creative system, network, or software.

11. Confidentiality

You may obtain confidential and/or proprietary information of Presidio Creative and/or its licensors through your use of the Service, including without limitation Presidio Creative Content, pricing and other terms and conditions herein or in the Subscription Plan, marketing and sales information relating to the Service and other information, technology, ideas or algorithms derived from the Service or the use thereof, excluding User Data ("Confidential Information"). You shall not (a) use any Confidential Information, except to the extent expressly permitted in this Agreement, or (b) disclose any Confidential Information to any third party, except in connection with your performance under this Agreement and only on a need-to-know basis to employees, agents and contractors of the Subscribing Entity who have agreed in writing to treat the Confidential Information under terms at least as restrictive as those herein. You agree to take the necessary precautions to maintain the confidentiality of the Confidential Information by using at least the same degree of care with which you treat your own confidential information of a similar nature, but in no case less than reasonable care. The foregoing confidentiality restrictions will not apply to Confidential Information to the extent that you can demonstrate that: (i) such information is generally available for use and disclosure by the public without any charge or license and without a breach of an obligation of confidentiality to Presidio Creative or its licensors; (ii) such information was in your possession without an obligation of confidentiality prior to its disclosure by Presidio Creative (or through the Service); or (iii) you rightfully obtained such information from a third party without restriction as to use or disclosure or the breach of an obligation of confidentiality to Presidio Creative. If you are required by a court or government agency to disclose Confidential Information, you must provide advance notice to Presidio Creative and limit such disclosure to the minimum amount necessary, and Confidential Information so disclosed shall otherwise remain subject to the confidentiality and use restrictions set forth herein.

12. Beta Products and Services

You acknowledge and agree that certain Presidio Creative products and services may be made available through the Service to select customers on a beta or trial basis, that such products and services may contain bugs, defects, and errors, and that such products and services are not expected to function fully when first made available.

13. Consequences of Violating These Terms of Service

We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, in our sole discretion. We reserve the right to refuse to provide the Service to you in the future. We may review and remove any User Data at any time for any reason, including activity which, in our sole judgment: violates this Agreement; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of this Agreement and your use of the Service.

14. Changes to the Service or these Terms of Service

We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability. Presidio Creative may modify this Agreement or any policy or other terms referenced herein at any time by posting a revised version of this Agreement or such other policy or terms on the Website. The revised terms shall be effective upon the earlier of (a) five calendar days after the revised terms are posted, and (b) your acceptance, including by any click-through confirmation, acceptance button, or similar mechanism for acceptance provided by Presidio Creative directly or through an External Service. If you do not accept the revised terms, you may discontinue use of the Service.

15. Third-Party Interactions and Disputes

a. Background Checks

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THIRD PARTIES. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

b. User and Third-Party Disputes

We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users. You assume all risk associated with dealing with third parties. You agree to resolve any disputes directly with the other party. You release Presidio Creative of all claims, demands, and damages in disputes among Users. You further agree not to involve us in such disputes. Use caution and common sense when using the Service. Presidio Creative makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL PRESIDIO CREATIVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND OTHER THIRD PARTIES. YOU ASSUME ALL RISK IN CONNECTION WITH USING THE SERVICE OR ENGAGING WITH ANY OTHER USER OR THIRD PARTY IN CONNECTION WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION. ALL USERS HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE FROM OR RELATE IN ANY WAY TO THE SERVICE, THE PRESIDIO CREATIVE CONTENT, AND THE OTHER INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD-PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

16. Termination

This Agreement is effective until terminated by you or Presidio Creative; provided that the term during which you have rights to use some or all parts of the Service may be set forth in the Subscription Plan. Your rights under this Agreement will terminate automatically without notice from Presidio Creative if you fail to comply with any term(s) of this Agreement (including by violating any license restriction provided herein). Upon any termination of this Agreement, you must immediately cease all use of the Service and all amounts due to Presidio Creative under this Agreement for access to the Service prior to the effective date of termination shall become immediately due and payable.

The provisions of this Agreement that are intended to survive the termination of this Agreement by their nature will survive the termination of this Agreement, including, but not limited to, Sections 2 (General), 5 (Fees; Payments), 7 (External Services and Third-Party Terms), 8 (Your Use of the Service and Presidio Creative Content), 9 (Ownership), 10 (Data Security), 11 (Confidentiality), 13 (Consequences of Violating These Terms of Service), 14 (Changes to the Service or These Terms of Service), 15 (Third-Party Interactions and Disputes), 16 (Termination), 17 (No Warranty), 18 (Limitation of Liability), 19 (Third-Party Elements), 20 (Indemnity), 21 (Notice of Claims of Copyright Infringement) 22 (Arbitration and Class Action Waiver), 23 (Governing Law and Jurisdiction), and 24 (Miscellaneous).

17. No Warranty

YOU UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE, INCLUDING ALL PRESIDIO CREATIVE CONTENT AND THIRD-PARTY DATA, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY SPECIFIC RESULT, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY DATA, INCLUDING DATA SUPPLIED BY THIRD-PARTY DATA SOURCES, THAT MAY BE ACCESSED OR OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, DATA OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR (v) THE SERVICE OR THE PRESIDIO CREATIVE CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY SPECIFIC GEOGRAPHIC LOCATION; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

YOU HEREBY REPRESENT THAT YOU HAVE FULLY OBSERVED, AND WILL FULLY OBSERVE, THE LAWS OF YOUR JURISDICTION IN CONNECTION WITH YOUR USE OF THE SERVICE AND THE RELEASED PARTIES WILL HAVE NO LIABILITY RESULTING FROM OR RELATED TO YOUR FAILURE TO OBSERVE SUCH LAWS.

18. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRESIDIO CREATIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR LOSS OF DATA OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PRESIDIO CREATIVE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE OR PRESIDIO CREATIVE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF PRESIDIO CREATIVE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO PRESIDIO CREATIVE UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE APPLICABLE CAUSE OF ACTION AND USD $100.

THE LIMITATIONS OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

19. Third-Party Elements

YOU ACKNOWLEDGE THAT (A) THE SERVICE MAY CONTAIN SOFTWARE OR COMPONENTS THAT ARE EITHER OWNED BY A THIRD PARTY OR IN THE PUBLIC DOMAIN, AND (B) PRESIDIO CREATIVE HAS NO PROPRIETARY INTEREST IN SUCH SOFTWARE OR COMPONENTS, AND AS SUCH, CANNOT GRANT YOU A LICENSE TO USE SUCH SOFTWARE AND/OR COMPONENTS. PRESIDIO CREATIVE WILL PROVIDE, OR OTHERWISE MAKE AVAILABLE, TO YOU ANY NECESSARY SUBLICENSES FROM SUCH THIRD PARTY AND USERS SHALL HAVE THE RIGHTS LICENSED TO THEM BY THE OWNERS OF THE THIRD-PARTY SOFTWARE AND/OR COMPONENTS. A LISTING OF SUCH THIRD-PARTY SOFTWARE IS MADE AVAILABLE TO YOU IN THE SERVICE DOCUMENTATION OR OTHERWISE UPON WRITTEN REQUEST. BY INSTALLING OR USING SUCH THIRD-PARTY SOFTWARE OR COMPONENTS, YOU ACKNOWLEDGE AND AGREE TO FULLY COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THE APPLICABLE LICENSES FOR SUCH THIRD-PARTY SOFTWARE OR COMPONENTS. PRESIDIO CREATIVE AND ITS LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO SUCH THIRD-PARTY SOFTWARE OR COMPONENTS, INCLUDING QUIET ENJOYMENT AND INFRINGEMENT, AND FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OR DISTRIBUTION THEREOF (INCLUDING INFRINGEMENT INDEMNIFICATION). PRESIDIO CREATIVE IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY SUCH THIRD-PARTY SOFTWARE OR COMPONENTS UNLESS EXPRESSLY AGREED TO IN WRITING BY PRESIDIO CREATIVE UNDER A SEPARATE AGREEMENT. YOU FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND PRESIDIO CREATIVE AND ITS LICENSORS FROM AND AGAINST ANY CLAIMS OR LAWSUITS, INCLUDING ATTORNEYS' FEES, THAT ARISE OR RESULT FROM YOUR USE OR DISTRIBUTION OF SUCH THIRD-PARTY SOFTWARE.

20. Indemnity

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD PRESIDIO CREATIVE AND THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LAWYERS' FEES, COSTS AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR USE OR RELIANCE ON ANY PRESIDIO CREATIVE CONTENT, YOUR VIOLATION OF THIS AGREEMENT OR THE PRIVACY POLICY, YOUR VIOLATION OF APPLICABLE LAW, YOUR COLLECTING, SUBMISSION, POSTING, OR TRANSMISSION OF USER DATA TO OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY FAILURE TO PROVIDE REQUIRED NOTICE OR OBTAIN REQUIRED CONSENTS FROM END USERS, OR ANY VIOLATION OF APPLICABLE DATA PRIVACY OR PROTECTION LAWS, ANY REPRESENTATION BY YOU REGARDING THE ACCURACY OR RELIABILITY OF ANY USER DATA OR PRESIDIO CREATIVE CONTENT, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. PRESIDIO CREATIVE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AS APPROPRIATE, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

21. Notice of Claims of Copyright Infringement

Presidio Creative respects the intellectual property rights of others and require Users to do the same. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA") and other applicable law, Presidio Creative will respond expeditiously to claims of copyright infringement committed using the Service if such claims are reported to Presidio Creative's Designated Copyright Agent identified in the notice below.

If you are a copyright owner, authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement and delivering the Notice to Presidio Creative's Designated Copyright Agent. Upon receipt of a DMCA Notice of Alleged Infringement as described below, Presidio Creative will take whatever action, in its sole discretion, that Presidio Creative deems appropriate, which may include the removal of, or disabling of access to, the challenged material from the Service.

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that is to be removed or to which access is to be disabled, including at a minimum, if applicable, the URL or the link shown on the Service or the exact location where such material may be found.
Provide your name, company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Email this Notice, with all items completed, to Presidio Creative's Designated Copyright Agent:

Email: support@quizkitapp.com (with the subject line "DMCA Notice of Alleged Infringement")

In the event Presidio Creative, after receiving a proper DMCA Notice of Alleged Infringement, takes steps to remove or disable access to the challenged material, Presidio Creative will take reasonable steps to promptly notify the party who originally posted such challenged material to the Service (the "Posting Party") that Presidio Creative has removed or disabled access to such challenged material. Provided the challenged material does not otherwise violate this Agreement, the Posting Party may then dispute such DMCA Notice of Alleged Infringement by completing the following DMCA Counter-Notice and delivering the Counter-Notice to Presidio Creative's Designated Copyright Agent. Upon receipt of a proper DMCA Counter-Notice, Presidio Creative will promptly provide the party who submitted the relevant DMCA Notice of Alleged Infringement (the "Reporting Party") with a copy of such DMCA Counter-Notice and inform the Reporting Party that Presidio Creative will replace the removed material or cease disabling access to such material in 10 business days, and will thereafter replace the removed material and cease disabling access to such material not less than 10, nor more than 14, business days following receipt of such DMCA Counter-Notice, unless Presidio Creative's Copyright Agent first receives notice from the Reporting Party that such Reporting Party has filed an action seeking a court order to restrain the Posting Party from engaging in infringing activity relating to the challenged material on the Service.

DMCA Counter-Notice ("Counter-Notice")

Identify the material or link that has been removed or to which access has been disabled, including at a minimum, if applicable, the URL or the link shown on the Service or the exact location where such material appeared before it was removed or access to it was disabled.
In connection with such material, include the following statement in the body of the Counter-Notice:

"I hereby state, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."

Provide your name, address and telephone number.
If your address is located in the United States, include the following statement in the body of the Counter-Notice:

"I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, and that I will accept service of process from the person who provided notification in connection with the material described in this counter-notice under 17 U.S. Code § 512(c)(1)(C) or an agent of such person."

If your address is located outside of the United States, include the following statement in the body of the Counter-Notice:

"I hereby state that I consent to the jurisdiction of the Federal District Court for any judicial district in which Presidio Creative can be found, and that I will accept service of process from the person who provided notification in connection with the material described in this counter-notice under 17 U.S. Code § 512(c)(1)(C) or an agent of such person."

Provide your full legal name and your electronic or physical signature.

Deliver this Counter-Notice, with all items completed, to Presidio Creatives's Designated Copyright Agent:

Presidio Creative LLC,

Attn: Copyright Agent

223 Elm Avenue

Mill Valley CA 94941

USA

Please note that pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that Presidio Creative enforces a policy of terminating the accounts of, or banning, repeat infringers. A repeat infringer includes any user who has made two or more postings that Presidio Creative has removed or disabled access to pursuant to notices of infringement under these DMCA notice and takedown procedures.

Please further note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT PRESIDIO CREATIVE'S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS.

22. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Presidio Creative agree that the Service and this Agreement affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section is intended to be interpreted broadly and governs any and all disputes between you and Presidio Creative, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Presidio Creative, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to your use of the Service); and claims that may arise after the termination of this Agreement or agreement to arbitrate. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you acknowledge and affirmatively consent to resolve any and all disputes with Presidio Creative as follows:

a. Initial Dispute Resolution

Most disputes can be resolved without resort to litigation. You can reach Presidio Creative's support department at support@presidiodev.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Presidio Creative's support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

b. Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including the formation of this Agreement or Privacy Policy, performance, and breach), the parties' relationship with each other, and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement or the Privacy Policy, including but not limited to any claim that all or any part of this Agreement or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at https://www.jamsadr.com/adr-forms/); (b) send two copies of the Demand for Arbitration, plus the appropriate filing fee, to your local JAMS Resolution Center (see http://www.jamsadr.com/locations/ for locations); and (c) send one copy of the Demand for Arbitration to Presidio Creative, Attn: Legal, 223 Elm Avenue, Mill Valley CA 94941, USA.

You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Presidio Creative will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Presidio Creative further agree to submit to the personal jurisdiction of any federal or state court in Marin County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

c. Class Action Waiver

The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PRESIDIO CREATIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER UNDER THIS AGREEMENT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

d. Exception: Litigation of Intellectual Property Rights and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its Intellectual Property Rights. Either party may also seek relief in a small claims court for any disputes or claims within the scope of that court's jurisdiction.

e. 30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your account) written notice of your decision to opt out to support@presidiodev.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Service or the effective date of the first Agreement containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Presidio Creative also will not be bound by them.

f. Changes to This Section

Presidio Creative will provide thirty (30) days' notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your account. Such changes will become effective thirty (30) days after they are posted on the Service or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.

g. Survival

This Arbitration and Class Action Waiver section shall survive any termination of your account, the Service, or of this Agreement.

23. Governing Law and Jurisdiction

By visiting or using the Service, you agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern your use of the Service, and this Agreement and all matters relating to your access to and/or use of the Service, including all disputes between you and us and/or the Released Parties. If you access the Service from outside the United States of America, you are responsible for compliance with local laws. Where local law conflicts with this Agreement, the provisions of this Agreement shall apply to the maximum extent permitted by law. For disputes not subject to the Arbitration and Class Action Waiver section above, or if any court or arbitrator determines that the Arbitration and Class Action Waiver section above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, you and Presidio Creative irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Marin County, California, and the related appellate courts, in any related action or proceeding. You hereby waive any and all jurisdictional and venue defenses otherwise available. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, THIS AGREEMENT AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SERVICE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

24. Miscellaneous

a. Restricted Rights

If the Service is deemed to be licensed to the United States government or any agency thereof, the Service, including any related technical data or accompanying documentation, are "commercial items" as defined in 48 C.F.R. §2.101, and include "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The use, duplication, reproduction, release, modification, disclosure or transfer of the Service and any technical data or documentation relating thereto or derived therefrom, is restricted in accordance with 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R. §227.7102-1, 48 C.F.R. §227.7102-2, and 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable. The commercial items, commercial computer software and commercial computer software documentation are being licensed to U.S. Government end users (i) only as commercial items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. This is in lieu of, and supersedes, any other Federal Acquisition Regulation ("FAR"), the Defense FAR Supplement, or other agency supplemental clause or provision that address Government rights in computer software or technical data. Any use, reproduction, release, performance, display or disclosure of the Service and/or any related technical data or accompanying documentation by or for the U.S. Government will be governed solely by this Agreement, to the extent permitted by law.

b. Export Compliance

The Service and technical information of Presidio Creative provided under this Agreement may be subject to U.S. export and import control laws and the trade laws of other countries. You agree to comply with all export and import control laws and to obtain any required licenses or classification to export, re-export or import the Service and any technical information provided by Presidio Creative. You agree not to export or re-export to entities on the current U.S. export exclusion lists or to any embargoed or terrorist countries as specified in the U.S. export laws or control laws of other countries. You will not use the Service for prohibited nuclear, missile, or chemical biological weaponry end uses. Presidio Creative assumes no responsibility for your failure to obtain any necessary export approvals or for your violation of any export or import control laws.

c. Force Majeure

Presidio Creative will not be liable under this Agreement by reason of any failure or delay in the performance of its obligations hereunder on account of causes beyond our reasonable control, including but not limited to strike, riot, insurrection, fire, flood, storm, acts of god, war, governmental action, labor conditions, earthquakes, pandemics, public health emergencies, cyberattacks, natural disasters, or governmental actions.

d. Assignment

You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Presidio Creative. Presidio Creative may assign this Agreement, including all its rights hereunder, without restriction. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

e. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

f. Entire Agreement

This Agreement, together with the Subscription Plan, Privacy Policy and any other agreements expressly incorporated by reference herein or entered into by you and Presidio Creative, constitute the entire and exclusive understanding and agreement between you and Presidio Creative regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of you and Presidio Creative.

g. Waiver

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

h. Headings

Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.

i. Severability

In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

j. Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Presidio Creative as a result of this Agreement or use of the Service.

k. Contacting Presidio Creative

You can contact Presidio Creative by

e-mail at support@presidiodev.com,

or by U.S. Post at:

223 Elm Avenue

Mill Valley CA 94941

United States

Policies

Privacy Policy

Information Security Policy

Presidio Creative

Purpose

Scope

Background

Information Security Objectives

Roles and Responsibilities

Policy Review

Accessibility

Exceptions

Policy

Personnel Security

Training

Intellectual Property Rights

Information Security Requirements Analysis & Specifications

Employment Terms and Conditions

Disciplinary Process

Terms and conditions

Presidio Creative

IMPORTANT NOTICE

Table of Contents

1. Summary of Material Terms

2. General

a. The Service

b. Acceptance of Privacy Policy and DPA

c. End User Data

d. Automated Decision Making and AI

e. Users

3. Scope of License to Users

a. License Grant to You

b. License Limitations

I. You may access the Service solely as intended through the provided functionality of the Service and as permitted under this Agreement. You may not do, or attempt to do, any of the following:

II. Additional Responsibilities

c. Applicability to Updates

4. Registration and Eligibility

a. Subscription Plans

b. Account Security

I. Personal Account Responsibility

II. Security Limitations

5. Fees; Payments

a. Fees

b. Automatic Renewal and Cancellation

c. Payment Terms

d. Taxes

e. Audit Rights

f. Additional Features; Changes

6. Spam

7. External Services and Third-Party Terms

a. External Services Integration

b. Third-Party Terms Compliance

c. Risk and Liability

d. Third-Party Fees

8. Your Use of the Service and Presidio Creative Content

9. Ownership

a. Definitions

b. Rights to Data

c. Use of Data

d. Third Parties

e. Your Representations and Warranties

f. Reservation of Rights

g. Feedback

I. own, exclusively, all rights to the Feedback;

II. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and

III. be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

10. Data Security

a. Secure Content

b. Security Breach

11. Confidentiality

12. Beta Products and Services

13. Consequences of Violating These Terms of Service

14. Changes to the Service or these Terms of Service

15. Third-Party Interactions and Disputes

a. Background Checks

b. User and Third-Party Disputes

16. Termination

17. No Warranty

18. Limitation of Liability

19. Third-Party Elements