2025 MYSKY END USER LICENSE AGREEMENT AND TERMS OF SERVICE

Last updated: February 28, 2025

This end user license agreement and terms of service ("Agreement") apply to you and MYSKY US INC. address 221 River St 9th Floor, Suite 9001, Hoboken, New Jersey, 07030, USA ("MySky") regarding your use of MySky´s websites, applications, forums, SaaS platforms and related services ("Services").

For United States residents, these Agreement contain a binding arbitration your rights about how to resolve disputes. If you live in the United States, please that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section "Binding Arbitration / Class Waiver", you agree that any disputes arising between you and MySky will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

As a precondition for using the Services, you must agree to these Agreement. If you accept these Agreement, you represent that you are age 18 (or other age of majority is set by applicable law) or older. If you are between the ages less than 18 or otherwise do not have the authority to enter into agreements such as these Agreement, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Agreement. If you are entering into this Agreement on behalf of an organization, you represent you have the authority to bind your organization to this Agreement. If you do not have that authority, or if you do not agree with the terms of this Agreement, you may not access or use the Application Programming Interfaces ("APIs").

By using or otherwise accessing the Services, you agree to these Agreement. If you do not agree to these Agreement, you may not use or otherwise access the Services.

Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.

MySky may issue additional terms or policies related to individual Services or specific components of the Services (including, but not limited to MySky Spend Platform). Your right to use the Services is subject to such relevant terms and policies as well as these Agreement.

If you have any MySky Services agreement for subscription of any Services or consulting services ("MSA"), that MSA governs your use of our APIs. If you do not have an MSA, by accessing or using our APIs, you are agreeing to this Agreement.

If you are entering into this Agreement on behalf of an organization, you represent you have the authority to bind your organization to this Agreement. If you do not have that authority, or if you do not agree with the terms of this Agreement, you may not access or use the APIs.

1. Right to Use the Services

Except as set forth above, you do not receive any other license. MySky retains all right, title and interest in and to the Services and API's, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, made using the Services, documentation, information, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites and any additional intellectual or other property used by or on behalf of MySky or otherwise related to the Service, as well as moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without MySky's prior written consent. MySky reserves all rights not expressly granted to you herein.

The Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services.

MySky retains legal title to the APIs under this Agreement, and you agree not to delete or alter any copyright or other proprietary notices signifying MySky's ownership of this legal title. Additionally, you agree to and acknowledge the following license restrictions: (i) no right to commercially perform, distribute, or use the APIs (or sublicense any of the foregoing rights) is granted under this Agreement; (ii) in no event will You make available the APIs in source code form to an end user or any other third party; (iii) none of the following rights are granted with respect to the APIs: the right to distribute, publicly display, or to create derivatives (e.g., a superset or subset of the APIs); (iv) in no event will you use the APIs to create any competitive product(s) or services; (v) no right to use the APIs in violation of any applicable law or regulation (including but not limited to any data privacy or data protection laws); and (vi) the APIs shall not be used to access a service other than the MySky Services or third party services preapproved by MySky (including but not limited to Intuit Payments Inc. and its affiliates). MySky may delay or limit the number and/or frequency of API requests to the MySky, or any use of the APIs that could damage, disable, overburden, impair or otherwise interfere with the MySky Services platforms. You agree to, and will not attempt to circumvent any limitations put in place by MySky. MySky may prohibit any application created by you from sending API requests to the MySky Services at any time in MySky's sole discretion.

You represent and warrant MySky that purchase of MySky Services or access to MySky Services does not entail access to third party services, unless this is expressly provided for in this Agreement or other agreements with MySky. Moreover, access to the services of QuickBooks or other Intuit services is carried out on the basis of separate agreements between You and Intuit and shall be paid for separately.

2. Right of Withdrawal

If you are a customer based in the European Union or a member country of the European Economic Area ("EEA"), this Section applies to you.

You may have the right to withdraw from this Agreement within 14 days from the day you agreed to them. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the Service being provided (fully or partially) to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.

To withdraw from this Agreement, you must inform MySky of your decision to withdraw and discontinue your use of the Services. To withdraw from the purchase of a license to a Service, you must inform the merchant of record, which may be either MySky or its affiliate or its authorized partner through whom you made the purchase. Please note that MySky is neither able nor required to fulfil your request to withdraw from a purchase where MySky is not the merchant of record.

To inform MySky of your decision to withdraw, you must send an equivocal statement of your decision by email to [support@mysky.com]. You may use the attached model withdrawal form but are not required to do so. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from the purchase of a license to a Service, you are not entitled to be reimbursed for the purchase.

3. Code of Conduct

You agree that you will not, under any circumstances:

• Use, either directly or indirectly, exploits automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services, except otherwise is not specified in this Agreement.
• Use the Services in violation of any applicable law or regulation.
• Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
• Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services.
• Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
• Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by MySky, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
• Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including MySky employees, directors, officers, and customer service representatives.
• Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a MySky employee, director or officer or their Affiliates or related persons.
• Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble, or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by MySky, or to obtain any information from the Services using any method not expressly permitted by MySky. Further, you represent and warrant that you have not and will not distribute a set of APIs or a development kit that is based upon or otherwise a modification of, the APIs, including being a subset or superset of the APIs.
• Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
• Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
• Post anyone’s private information, including personal identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services without their prior written and unconditional consent.

4. Accounts and Login Information

Certain elements of the Services may enable you to create an account or otherwise register with the Services ("Account"). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information").

You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. MySky is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate MySky for any losses or harm that result from your failure to keep your Login Information confidential.

You agree that you have no ownership or property interest in or to any Account. MySky reserves the right to delete your Account if MySky observes no activity by you in relation to the Account for 180 days or more.

5. User Contributions

You are solely responsible for anything you write, submit, receive, share and store or any data you input into the Services, including but not limited to data, information, materials, text, graphics, images, audio, video that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services (collectively "User Contributions"). You have no obligation to provide any User Contributions or other to the Services, and you're free to choose the content that you want to provide. You acknowledge certain functionality in the Services may be dependent on the provision of User Contributions and may not be available without such User Contributions.

Your User Contributions remains yours, which means that you retain any intellectual property rights that you have in your User Contributions. By sharing your User Contributions on the Services, you hereby grant MySky a license to use your User Contributions, as described in more detail below.

In exchange for use of the Services, you hereby grant MySky a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to,

• Host, reproduce, distribute, communicate, sublicense and use your User Contributions — for example, to save your User Contributions on our systems and make it accessible from anywhere you go;
• Publish or publicly display your User Contributions, if you've made it visible to others; and
• Modify and create derivative works based on your User Contributions, such as reformatting or translating it, and analyse your User Contributions in order to train MySky artificial intelligence and machine learning technologies (if applicable).

Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to MySky's (including its licensees, successors, and assigns) and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services. The foregoing grant of license to MySky and waiver of any applicable moral rights survives any termination of this Agreement.

MySky and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind in any format, by means of any transmission ("Unsolicited Content"). Please do not submit any Unsolicited Content to MySky or its directors, officers, or employees.

MySky assumes no responsibility for the conduct of the users of the Services or for monitoring the Services for inappropriate content or conduct. MySky does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:

• Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;
• Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
• Except as permitted by MySky in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
• Virus, Trojan horse, worm or other disruptive or harmful software or data; or any User Contributions or other content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

6. Binding Arbitration / Class Waiver

If you are a United States resident or otherwise make any claim against MySky in the United States, you expressly agree that any legal claim, dispute or other controversy between you and MySky arising out of or otherwise relating in any way to Services, including controversies relating to the applicability, enforceability or validity of any provision of these Agreement (collectively "Disputes"), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association ("AAA"), rather than in a court, as described herein. The arbitration will be governed by the AAA's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively "Rules and Procedures"). You acknowledge that you are voluntarily and knowingly FORFEITING YOUR RIGHT TO A TRIAL BY JURY and to otherwise proceed in a lawsuit in state or federal court.

Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case MySky will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. MySky also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.

The arbitration may be conducted in New York, State of New York or, upon your request, in the city closest to your location where AAA maintains an office. The arbitrator's award shall be final and binding on you and MySky and may be entered as a judgment in any court of competent jurisdiction.

As an exception to the binding arbitration rule, to the extent the Dispute arises from:

1. A violation of MySky’s intellectual property rights in any manner;
2. Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of Conduct” of these Agreement; and
3. Any claim for equitable relief;

then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and MySky agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

You may opt out of this obligation to arbitrate. If you do so, neither you nor MySky can require the other to participate in an arbitration proceeding. To opt out, you must notify MySky in writing within 90 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: MySky US Inc. ATTN: Legal Department 221 River St 9th Floor, Suite 9001, Hoboken, New Jersey, 07030, USA. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.

To begin an arbitration proceeding, you must send a letter to: MySky US Inc. ATTN: Legal Department 221 River St 9th Floor, Suite 9001, Hoboken, New Jersey, 07030, USA. requesting arbitration and describing your claim.

MySky will provide 30-days' notice of any changes to this Section "Binding Arbitration / Class Waiver" through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

7. Suspension and Termination for your Breach

Without limiting any other remedies available to MySky, if MySky believes that you are in breach of these Agreement, MySky reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your account or parts of your account; (ii) limit, suspend and/or terminate your access to the Services;

8. Availability, Compatibility, and Changes to the Services

MySky does not guarantee that the Services are available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time, or their life cycle may be affected by technological developments. Accordingly, MySky reserves the right to stop offering and/or supporting the Services or parts thereof at any time, at which point your license to use the Services, or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, MySky does not have to provide refunds for the Services. Where appropriate, MySky will take reasonable measures to provide advance notice when any Services or parts thereof are discontinued. However, MySky may limit, suspend or terminate the Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Services, if MySky believes you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these Agreement.

The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).

The Services are intended to evolve over time. Accordingly, MySky may change, manage, modify, or update the Services or parts thereof from time to time. This may result in content or features being added, removed, or modified. MySky may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Services, including, but not limited to, introducing, modifying, or removing content and features according to MySky's development roadmap, adapting to new technologies, reflecting changes to MySky's agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Services or parts thereof.

If MySky becomes aware of a situation where Your use of the APIs may unduly disrupt its delivery of MySky products or services to third parties (e.g., customers of MySky orIntuit Payments Inc. or their affiliates or subcontractors) generally, or if MySky detects unauthorized third party access to or use of the APIs (collectively referenced herein as an "Emergency"), MySky may immediately suspend the offending use (and any rights licensed under this Agreement that enable such use). Any such suspension shall be to the minimum extent and duration needed to respond to the emergency. At its sole discretion, MySky may reinstate the use (and any rights granted in this Agreement that enable such a use) where the emergency has been resolved.

9. Disclaimer

To the fullest extent permissible under applicable law, the Services and APIs are provided to you "AS IS," without warranty, assurances, or guarantees of any kind and may not be functional on any machine or in any environment. The Services may have defects, and your use is solely at your risk. MySky does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. MySky does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by MySky, its employees or other representatives constitute a warranty.

Further, MySky makes no representations or warranties regarding the integrity of data that You transmit, transfer, store, obtain or receive through use of the APIs. MySky is not obligated to maintain or support the APIs, or to provide you with updates, fixes, or services related thereto. You assume all risk arising from use of the APIs, including, without limitation, the risk of damage to your computer system, software applications, the corruption or loss of data, and compliance with all applicable laws and regulations (including laws and regulations related to privacy and data protection).

Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Agreement shall infringe upon the statutory rights that you may have.

10. Limitations of Liability

In no event will MySky be liable for special, incidental, or consequential damages resulting from access, use or malfunction of the Services, including, but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these Agreement or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not MySky has been advised of the possibility of such damages. In no event will MySky's total aggregate liability arising out of or in connection with this Agreement or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use of the Services; or (ii) one hundred US Dollars (USD100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between MySky and you. For purposes of this Section "Limitations of Liability," MySky's licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these Agreement against you.

Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Agreement will infringe upon any statutory rights you may have.

You agree to indemnify, defend and hold MySky and its subsidiaries (and MySky's and its subsidiaries' officers, directors, agents, joint ventures, shareholders and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Services or any breach by you of these Agreement; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.

11. Copyright and Digital Millennium Copyright Act

If you believe the Services or any of its content infringes your copyrights, please send a notice to: MySky US Inc. ATTN: Legal Department 221 River St 9th Floor, Suite 9001, Hoboken, New Jersey, 07030, USA. or alternatively via email to: legal@mysky.com. Notices sent to the specified address will reach MySky's registered DMCA agent.

Please include all of the following in your DMCA notice:

• Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
• Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable MySky to locate the material.
• Provide your full legal name, mailing address, telephone number, and (if available) email address.

Include the following statement in the body of the DMCA notice:

I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner's behalf

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys' fees incurred by MySky or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to MySky.

12. Third-party Products and Services

The Services may link to or otherwise make available third-party products including, but not limited to, Intuit Payments Inc., Intuit Insurance Services Inc., Intuit Financing Inc., and Intuit TT Offerings Inc.and its affiliates ( License information available here) or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party's terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which MySky is not a party. You understand that MySky neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. MySky is not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any).

13. Changes to this Agreement

Notwithstanding Section "Binding Arbitration / Class Waiver," MySky may update this Agreement from time to time in response to changing legal, technical or business developments. When MySky updates this Agreement, MySky will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes made.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated Agreement.

14. Governing Law

If you are a United States resident, in addition to Section "Binding Arbitration / Class Waiver," this Agreement is governed by the laws of the State of New York and applicable federal laws regardless of conflict of law provisions.

If you are a resident outside the United States, you agree that all disputes between you and MySky shall be governed by the laws of Switzerland, regardless of conflict of law provisions. Please note that MySky may not be required to accept the use of this or other alternative dispute resolution platforms.

If the jurisdiction of your domicile prohibits MySky from enforcing the governing law provision, nothing in this Agreement limits your rights based on the laws governing your domicile.

15. General

Entire Agreement

This Agreement set out the entire agreement between you and MySky regarding the Services and supersede all earlier agreements and understandings between you and MySky.

Assignment. MySky may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under this Agreement. You may not assign or delegate any rights or obligations under this Agreement without MySky's prior written consent, and any unauthorized assignment and delegation by you is void.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect. MySky's failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

No Waiver

Any failure by MySky to exercise or enforce any of its rights under this Agreement does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of MySky.

Export Regulations

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State. Specifically, You covenant MySky that it will not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any products, service, or technology (including products derived from or based on such technology) received from MySky under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

Contact Information

If you have any questions about this Agreement, please contact security@mysky.com

16. Additional Terms for Apple Users

In addition to the terms set forth above, the following terms apply if you are accessing the Services using devices by Apple Inc. ("Apple").

You acknowledge and agree that this Agreement is concluded between you and MySky, not with Apple, and that MySky, not Apple, is responsible for the Services and their content. The license granted to you under this Agreement is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein. You must comply with any third-party terms and conditions that apply to your use of the Services.

MySky, not Apple, is responsible to you for: (i) providing any relevant maintenance or support for the Services in accordance with this Agreement; and (ii) addressing any claims you may have regarding the Services, including product liability claims, any claim that the Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar laws (if applicable). If the Services fail to conform to the warranties or other conditions set forth in this Agreement or applicable law, you may notify Apple, after which Apple may refund the purchase price (if any) for the relevant Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services.

In the event of any third-party claim that the Services or your possession and use of the Services infringes a third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement, or discharge of any such intellectual property infringement claim.

You represent and warrant that: (i) You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries to this Agreement. Upon your acceptance of this Agreement, you agree that Apple has the right to enforce this Agreement against you as a third-party beneficiary.

17. Additional Terms for Intuit Users

In addition to the terms set forth above, the following terms apply if you are Accessing Intuit services, software via MySky Servicesand API

You represent and warrant that all and any User Contributions (i) are prominent, accurate, easy to understand, (ii) fully understand that You understand what User Contributions are collected, how data will be used, and how it may be shared, exchanged or sold, (iii) MySky and any of its affiliates does not process User Contributions on Intuit's behalf, and (iv) are consistent with all agreements established between MySky and Intuit and fully comply with applicable laws.