End User License Agreement

This End User License Agreement (this "Agreement") sets forth the terms and conditions on which you, a User, may access and use My AI Companion (the "Service"). Companion IQ Inc., a Delaware Corporation ("Companion IQ" or "we" or "us"), and you may each be referred to as a "Party" and collectively the "Parties."

1. MEANINGS OF CAPITALIZED TERMS.

Capitalized terms in this Agreement have the meanings provided in the Section titled "Definitions" at the end of this Agreement.

2. THE SERVICE.

2.1. Notice.

DISPUTES ABOUT THIS AGREEMENT OR THE SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH IN THE MANDATORY ARBITRATION; CLASS ACTION WAIVER" SECTION BELOW. THIS SERVICE IS DESIGNED AND INTENDED ONLY FOR USERS IN THE UNITED STATES AND FOR INFORMATIONAL PURPOSES.

2.2 Summary of Features.

The Service is designed to provide you the ability to have simulated "conversations", to request and receive automated reminders of tasks ("Reminders"), and to provide feedback in response to a question or other prompt for purposes of a "Check-In". When you provide questions, statements, instructions, requests, responses, feedback, reminder interactions, or other input to the Service (the "Inputs"), the Service is designed to use AI technology to, among other things, interpret the Inputs and provide AI-generated responses (the "Outputs"). Outputs may be in a conversational format. Inputs and other User Data we receive from your use of the Service is collected, used and disclosed as further described in this Agreement.

2.3 Access, Use, and License.

You are responsible for ensuring your access to the Service, including any hardware devices and any internet access. We do not guarantee that the Service will be compatible with any or all hardware or devices. You are also responsible for any messaging and data rates that may apply to your use of the Service. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, revocable, non-transferable, worldwide right and license, to access and use the Service for the duration of your trial or paid subscription. We reserve the right to withdraw or modify the features and functionality of the Service, at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period of time. We may restrict, suspend or terminate your access or use of a trial subscription at any time, for any reason, without notice or liability.

2.4 Consent to Disclosure of User Data to Third Party AI Providers.

You expressly consent to, and assume all risks associated with, our use of Incorporated AI Software, and our disclosure of Inputs and other User Data to Third Party AI Providers. We do not control and are not responsible for the use of User Data by Third Party AI Providers. Moreover, you understand that AI-powered technology is rapidly evolving and you may receive inaccurate or inappropriate information via the Service.

2.5 Use at Own Risk.

THE SERVICE IS NOT A SUBSTITUTE FOR HUMAN INTERACTIONS OR SERVICES, MEDICAL (INCLUDING MENTAL HEALTH) TREATMENT, HEALTH CARE, PROFESSIONAL ADVICE OR COUNSELING. REMINDERS ARE NOT GUARANTEED AND MUST NOT BE RELIED UPON FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO ANY MEDICAL OR SAFETY-RELATED PURPOSE.

COMMUNICATIONS WITH YOUR AUTHORIZED CONTACTS AND CARE CIRCLE MEMBERS ARE NOT GUARANTEED AND MUST NOT BE RELIED UPON FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO EMERGENCY CARE OR RESPONSE. THE SERVICE DOES NOT PROVIDE EMERGENCY RESPONSE, MEDICAL, HEALTH, PSYCHOLOGICAL, LEGAL, FINANCIAL, OR OTHER CLINICAL OR PROFESSIONAL ADVICE OR TREATMENT. YOU MUST SCRUTINIZE THE ACCURACY AND APPROPRIATENESS OF ANY AND ALL OUTPUTS. NO SOFTWARE IS 100% ERROR-FREE, AND THE SERVICE MAY MALFUNCTION. TO THE EXTENT THAT YOU RELY UPON THE SERVICE, OR ANY ASPECT THEREOF, INCLUDING BUT NOT LIMITED TO ANY OUTPUT, YOU AGREE THAT YOU DO SO ENTIRELY AT YOUR OWN RISK. COMPANION IQ HAS NO RESPONSIBILITY OR LIABILITY FOR YOUR USAGE OF, OR RELIANCE ON, OUTPUTS. YOU ARE SOLELY RESPONSIBLE FOR ALL RELIANCE ON AND USE OF THE OUTPUTS AND FOR EVALUATING THE ACCURACY AND APPROPRIATENESS OF OUTPUT FOR YOUR USE.IF YOU THINK YOU OR SOMEONE ELSE HAS AN EMERGENCY, IMMEDIATELY CALL 911 OR SEEK IMMEDIATE OR OTHER APPROPRIATE EMERGENCY ATTENTION. IF YOU ARE SUICIDAL OR ARE HAVING SUICIDAL THOUGHTS, IMMEDIATELY CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.

2.6 Unauthorized Access.

You will take reasonable steps to prevent unauthorized access to the Service, including without limitation by protecting its passwords and other log-in information. You will promptly notify us of any unauthorized use of the Service or breach of its security.

2.7 Compliance with Laws; No Use By Others.

In your use of the Service, you will comply with all applicable laws, including without limitation all laws, rules, regulations and orders ("Laws"), including but not limited to all Privacy Laws. You will not allow any other person, especially anyone under the age of 18, to utilize your login information to use the Service.

2.8 Restrictions on Your Use.

You will not:

• (a) introduce into the Service any viruses, Trojan horses, time bombs, trap doors or other harmful or malicious code;
• (b) upload, post, transmit, or otherwise make available to the Service any content or material that you do not have a right to make available under any applicable Law or contractual relationship, that infringes, misappropriates, or otherwise violates any intellectual property, privacy, publicity, or other proprietary rights of any person, or that is designed to interrupt, interfere with, destroy, or limit the functionality or use of the Service;
• (c) sublicense, resell, time share, or similarly exploit the Service;
• (d) use the Service in violation of Law or in connection with any data or content that is illegal or otherwise infringes or violates the rights of any third parties;
• (e) modify, alter, reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Service or otherwise attempt to gain unauthorized access to the Service;
• (f) access or use the Service to build a competitive product or service; or
• (g) otherwise access or use the Service other than as expressly permitted by this Agreement.

2.9 DISCLAIMER OF WARRANTIES.

YOU ACCEPT THE SERVICE "AS IS," WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL (I) PRODUCE ACCURATE, RELEVANT, OR APPROPRIATE CONTENT; (II) PERFORM WITHOUT INTERRUPTION OR ERROR; OR (III) PROVIDE PARTICULAR RESULTS. COMPANION IQ HAS NO CONTROL OVER, AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATED TO: (X) ALL INPUT AND OUTPUT; (Y) ALL INCORPORATED AI SOFTWARE, AND (Z) THE ACTIONS YOU TAKE, OR DO NOT TAKE, IN CONNECTION WITH THE OUTPUT OR OTHER ASPECTS OF THE SERVICE.

3. USER DATA AND PRIVACY; COMMUNICATIONS.

3.1 Processing of User Data.

(a) Processing Generally; Monitoring; Storage.

You hereby authorize Companion IQ to Process User Data for its legal and legitimate business purposes. Companion IQ may, but is not obligated to, pre-screen, monitor, investigate, review, remove, or store Inputs, Outputs, or other User Data. You hereby expressly consent to recording, transcribing, monitoring, screening, review and storage of your Inputs and other User Data.

(b) Sharing Your User Data with Others.

Companion IQ shares User Data with its third party providers of software or services as reasonably required to support the Service. This means that your conversations with the Service may be monitored by and accessible to other individuals and entities in accordance with this Agreement. Companion IQ may also share User Data with (i) the Trusted Contacts that you have provided to us and who have agreed to accept communications from us; and (ii) if you signed up for the Service through a health care provider or senior facility, the health care provider or other facility personnel. Furthermore, we may share User Data with law enforcement in response to their request, as we believe to be reasonable to address or prevent improper use of the Services, or to otherwise comply with applicable Laws. For more information on sharing your User Data, refer to our privacy policy, which is hereby incorporated into this Agreement:https://myaicompanion.org/privacy.

(c) Check-In Communications.

If you designate Trusted Contacts to receive notifications from us, and those individuals have agreed to accept communications from us, we will make reasonable efforts to notify one or more of those Trusted Contacts in the event you do not timely respond to a Check-In, using the information you provided to us. We, from time to time and in our sole discretion, may allow you to customize certain aspects of Check-Ins such as the timing and method of communications or alerts, and the recipient(s) of notifications in the event you do not timely respond to a Check-In.

(d) Data Processing Purposes.

Companion IQ will only Process User Data: (ii) as it believes to be reasonably necessary to provide, maintain, support, modify, and improve the Service; (ii) to perform other specific activities that have been expressly requested or authorized by you; and (iii) as otherwise expressly contemplated by this Agreement. This includes Processing User Data to improve the quality of your experience with the Service, including personalizing your User experience based on your indicated preferences and interactions within the Service.

(e) Usage Data.

Companion IQ collects certain technical and analytics data and information from your use of the Service ("Usage Data") to improve service delivery and Service performance. Usage Data includes Input, Output, user analytics and quantitative metrics, feedback, and other statistical information about your use of the Service. We use Usage Data to (i) enhance service delivery under this Agreement, (ii) analyze feature adoption, usage patterns, and feedback, (iii) improve the Service, and (iv) diagnose, troubleshoot, and resolve technical issues affecting your use of the Service.

3.2 Consent to Communications.

You expressly consent to allow Companion IQ to Process User Data as stated in this Agreement. These consents include but are not limited to those necessary for Companion IQ to send, and for you to receive: (a) text message, telephone calls, and voice communications (including calls that are generated or made using an automatic telephone dialing system and include an artificial voice) to User's mobile devices and (b) emails to User's email address provided to Companion IQ, as applicable, with both of the foregoing being subject to any legally required opt-out or opt-in requirements. You represent and warrant that you are the subscriber and authorized user of the mobile service at any mobile telephone number you provide to us for that purpose. With respect to any mobile telephone numbers for Trusted Contacts that you provide to us, you represent and warrant that you have the proper consent and authorization to provide such numbers to us for the purposes of our communications with such members or contacts. You understand and agree that message, voice and data rates, as applicable, may be charged by your telecommunications provider as a result of your use of the Service.

3.3 Data Security.

Companion IQ maintains administrative, technical, and physical safeguards designed to protect prevent unauthorized disclosure or exposure of User Data, including Personal Data, in our possession or control. Accordingly, we will, on an ongoing basis, maintain a data security program and associated safeguards designed to protect against risks to the security, confidentiality, and integrity of User Data. These safeguards may include encryption in transit and at rest, access controls, network segmentation, endpoint protection, vulnerability management, and regular security training for personnel.

3.4 Privacy; Personal Data.

(a) Privacy Practices and Policy.

Due to the nature, purpose, and features of the Service, the User Data we receive will include your Personal Data. We collect and use categories of Personal Data from you that is required to administer access to the Service, as well as those categories of Personal Data that you wish to provide to us. Refer to Companion IQ's privacy policy for more information on Companion IQ's collection, use and disclosure of Personal Data:https://myaicompanion.org/privacy.

(b) Privacy Laws.

Companion IQ will comply with all Privacy Laws applicable to its Processing of Personal Data. Note that if our Processing activities under this Agreement are not within the scope of a Privacy Law, such Law is not applicable.

(c) Notification.

In the event of any unauthorized access, use, collection, or disclosure of your Personal Data, we will notify you without undue delay.

(d) Law Enforcement.

You acknowledge and agree that we will fully cooperate with any law enforcement authorities or court order that requests disclosure of your identity or Personal Data known to us in connection with your use of the Service. YOU AGREE THAT YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANION IQ PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH, OR RESULTING FROM, THOSE INVESTIGATIONS.

4. USER COMPLIANCE AND ACCEPTABLE USE OBLIGATIONS.

4.1 Compliance with Laws; Authorized Access Only.

In your use of the Service, you will comply with all applicable laws, including without limitation all laws, rules, regulations and orders ("Laws"), and including but not limited to all Privacy Laws. You will take reasonable steps to prevent unauthorized access to the Service, including without limitation by protecting your passwords and other login information. You will promptly notify Companion IQ of any unauthorized use of the Service.

4.2 Acceptable Use of the Service.

When using the Service, you will not:

• (a) Provide Service passwords or other log-in information to any third party, or allow access to the Service by multiple individuals impersonating a single User;
• (b) Attempt to circumvent or disable any security features or functionality associated with the Service (whether intentionally or unintentionally), or introduce, disseminate, or otherwise enable any viruses, Trojan horses, spyware, worms, malware, spam, or malicious code to the Service;
• (c) Provide any Input to the Service or use any Output that may be:
  • (i) Unlawful, negligent, violent, or threatening;
  • (ii) False, libelous, or defamatory;
  • (iii) Obscene or sexually explicit;
  • (iv) offensive, insulting, intended to harass, discriminatory, (including but not limited to references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups), harmful, upsetting, or otherwise objectionable;
• (d) Use the Service to generate or promote disinformation, misinformation or any of the Inputs or Outputs described in (c);
• (e) Submit any Personal Data to the Service that by law typically considered "sensitive" and not necessary or required by Companion IQ for access to the Service (including but not limited to social security numbers, government issued identification numbers, financial account information, payment card information, personal health information, race, ethnicity, national origin, citizenship or immigration status, religious beliefs, transgender or non-binary status, driver's license or passport information, information about sexuality or sex life, or personal data regarding a minor); or
• (f) Allow third parties to exploit the Service or access the Service in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Service, or to copy any ideas, features, functions or graphics of the Service.

5. PAYMENTS.

All pricing and payment terms are within our sole discretion. Pricing is stated and payments are processed in United States dollars. Except with respect to a free trial subscription, we must receive payment as a condition of the subscription, and payment is required before we make the Service available to you. Price increases may occur at any time and will only apply to new or renewal subscriptions. All paid subscription fees are non-refundable. Companion IQ is not and does not act as a money transmitter or payment processor. We use a third party payment processor, Stripe, Inc., to process all payments for the Service. By agreeing to the terms of this Agreement, you agree to the terms of service of our third party payment processor. We may change our processor at any time in our sole discretion. You expressly authorize us to collect your Personal Data to the extent reasonably necessary for our third party payment processor to process payments, as set forth in our Privacy Policy. YOU AGREE THAT THE COMPANION IQ PARTIES ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS OR TECHNOLOGY OF OUR THIRD PARTY PAYMENT PROCESSOR, INCLUDING ANY FAILURE TO COMPLY WITH APPLICABLE LAW. YOU AGREE NOT TO FILE A LAWSUIT, CLAIM, OR OTHER LEGAL, EQUITABLE, OR FORMAL DISPUTE RESOLUTION ACTION AGAINST THE COMPANION IQ PARTIES RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THE PAYMENT PROCESSING ACTIVITIES PERFORMED BY THE THIRD PARTY PAYMENT PROCESSOR. YOU WILL LOOK SOLELY TO THE THIRD PARTY PAYMENT PROCESSOR FOR ANY LIABILITY FOR SUCH ACTIVITIES.

6. INTELLECTUAL PROPERTY.

6.1 Rights to the Service.

As between you and us, we retain all right, title, and ownership interest in and to the Service, including without limitation all intellectual property rights in (i) the software used to provide the Service, and (ii) all graphics, user interfaces, logos, and trademarks, and other content and material supplied by Companion IQ in connection with, or used by Companion IQ in providing, the Service. This Agreement does not grant you any intellectual property license in the Service.

6.2 Rights to Data.

(a) As between you and us, you own all right, title, and ownership interest in the User Data. You hereby grant to Companion IQ an unlimited, perpetual, revocable, non-exclusive, fully paid-up, royalty-free, worldwide license to use, copy, store, modify, display and otherwise Process your User Data solely for legal and legitimate business purposes.

(b) You will not infringe on any privacy or proprietary rights of any person or entity, including but not limited to patent, trademark, trade secret, copyright, moral rights, right of publicity and related rights, in connection with your use of the Service.

(c) For clarity, Companion IQ may derive anonymous data and statistics from Usage Data or other User Data ("Derived Data") and may compile, aggregate, use, and disclose such Derived Data for its own legitimate business purposes, provided that no Derived Data identifies (and cannot reasonably be used or reverse-engineered to identify or attribute to) you. Companion IQ will own all right, title, and interest in the Derived Data and any resulting Companion IQ products or services based on or incorporating the Derived Data.

6.3 Feedback.

Any suggestions or ideas offered by you for improving or otherwise modifying the Service ("Feedback") are owned by us. Nothing in this Agreement or in the dealings between us arising out of or related to this Agreement will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensation or credit.

7. INDEMNIFICATION.

You will defend (at our request), indemnify and hold harmless the Companion IQ Parties against any demand, claim, suit, proceeding, loss, damage or liability incurred by us arising out of or related to: (a) Inputs or other User Data; (b) your reliance on, or use of, any Output; (c) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (d) any breach of this Agreement or other misuse of the Service; (e) allegations of infringement, violation or misappropriation of a copyright, trademark, trade secret, or privacy or confidentiality right due to any User Data or content you provide to the Service. You agree to cooperate with the Companion IQ Party(ies) with respect to the defense of such demand, claim, suit, or proceeding.

8. LIMITATION OF LIABILITY.

Our aggregate, cumulative liability for all claims, losses, damages, expenses, costs, or other liabilities arising out of or related to this Agreement or the Service will not exceed the amount paid by you for the Service for the month in which the event that gave rise to such liabilities occurred. If you have not paid for the Service during that time period, our maximum liability to you will be one dollar ($1). IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS, LOST OR DAMAGED DATA, LOSS OF BUSINESS, A USER'S INABILITY TO USE OR ACCESS THE SERVICE, UNAUTHORIZED ACCESS TO, DAMAGE TO, OR LOSS OF USER DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS. The liabilities limited and excluded by this Section 8 apply: (i) to the benefit of all Companion IQ Parties, (ii) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; and (iii) even if Companion IQ is advised in advance of the possibility of the damages in question, even if such liabilities were foreseeable, and even if your remedies fail of their essential purpose. The limitations in this Section or elsewhere in this Agreement do not affect any liability that cannot be excluded or limited by applicable law. Customer acknowledges and agrees that Companion IQ is allowing access to the Service in reliance upon the limitations and disclaimers of liability in this Section, and that such terms form an essential basis of the bargain between the Parties. If applicable Law limits the application of the provisions of this Section for death, personal injury, or otherwise, Companion IQ's liability will be limited to the maximum extent permissible by Law.

9. MANDATORY ARBITRATION; CLASS ACTION WAIVER; LIMITATION ON ACTIONS.

9.1 YOU MAY ONLY BRING CLAIMS RELATED TO THE SERVICE OR THIS AGREEMENT AS AN INDIVIDUAL. YOU MUST NOT FILE, AND WAIVE ALL RIGHTS TO FILE, BRING OR TAKE SUCH AN ACTION AS PART OF A CLASS, REPRESENTATIVE, CONSOLIDATED, COLLECTIVE OR MASS ACTION WITH OTHER PERSONS OR ENTITIES.

9.2 YOU AGREE THAT ANY CLAIMS, ACTIONS, OR DISPUTES, IF NOT SETTLED THROUGH NEGOTIATION BETWEEN THE PARTIES WITHOUT LITIGATION, WILL BE FINALLY RESOLVED THROUGH BINDING ARBITRATION. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR OTHER INDEPENDENT ARBITRATOR SELECTED BY US, IN ACCORDANCE WITH THE APPLICABLE RULES. SUBJECT TO THIS ARBITRATION PROVISION, THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE PARTY'S INDIVIDUAL CLAIM.

9.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IF A COURT DECIDES BY MEANS OF A FINAL DECISION, NOT SUBJECT TO ANY FURTHER APPEAL OR RECOURSE, THAT THE MANDATORY ARBITRATION TERMS HEREIN ARE INVALID OR UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF) SHALL BE SEVERED FROM THE ARBITRATION AND MAY BE LITIGATED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF DELAWARE, AND IN THAT EVENT, THE PARTIES EXPRESSLY HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL.

9.4 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, YOU WAIVE ALL RIGHTS ASSOCIATED WITH THAT CAUSE OF ACTION OR CLAIM.

10. MISCELLANEOUS.

10.1 Force Majeure.

No delay, failure, or default by Companion IQ will constitute a breach of this Agreement to the extent caused by reasons or factors beyond its control, including acts of war, terrorism, hurricanes, earthquakes, epidemics, pandemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of violence or civil disorder, embargoes, tariffs, supply chain disruption, orders of any government official, or other act, omission, product or service provided by a third party.

10.2 Assignment & Successors.

You may not assign this Agreement or any of your rights or obligations hereunder. Any purported assignment in violation of this clause will be null and void. This Agreement will be binding upon and inure to the benefit of Companion IQ's successors and assigns.

10.3 Choice of Law.

This Agreement and all claims arising out of or related to this Agreement will be governed by the laws of Delaware, without regard to any conflicts of law principles.

10.4 Severability; Conflicts.

In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

10.5 Modifications; Waiver.

Companion IQ may change the terms of this Agreement at any time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Service thereafter. You consent to the latest version of this Agreement made available to you. Companion IQ's acts and omissions do not constitute any waiver of any rights under this Agreement.

10.6 Survival.

The following will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay Fees incurred before termination or expiration; (b) Section 4 (User Obligations and Restrictions), Section 5 (Disclaimer), Section 7 (Indemnification), and Section 8 (Limitation of Liability), Section 9 (Mandatory Class Action Waiver; Arbitration); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.

10.7 Entire Agreement.

This Agreement sets forth the entire agreement of the Parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter.

11. DEFINITIONS.