TERMS OF USE

Effective Date: August 30th, 2025

Welcome to smartsyndicator.com and app.smartsyndicator.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Syndication Systems, LLC (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).

Acceptance of this Agreement

Acceptance Through Using or Accessing the Services.

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

Eligibility Requirements to Use or Access the Services.

To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements and that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

Zoom/Phone Mastermind Consent.

By attending, accessing or using the Smart Syndicator Zoom/Phone Mastermind Calls, you consent to the Company’s use of your image, video, voice, or all three, and you waive any right to inspect or approve the finished recording.

Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately. Your continued use of or access to the Services following any changes to this Agreement constitutes your acknowledgment of such changes and agreement to be bound by them. You should check this page frequently for updates.

Access to the Services

Changes to Your Access and the Services.

The Services may change from time to time as the Company evolves, refines, or adds more features. The Company may modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice. You agree the Company is not liable for any losses or damages caused by unavailability of the Services.

Creating an Account.

You may be required to register and provide certain information to access the Services or certain features. You agree to provide accurate, complete, and updated information. If you connect to the Services via a third-party service, you grant permission to access information from such service as permitted and to store your login credentials. All information you provide is governed by our Privacy Policy (smartsyndicator.com/privacy).

Account Responsibilities.

You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. Your account is personal to you; do not provide others with access using your credentials. Use caution on public/shared computers. Notify the Company immediately of any unauthorized use or other security breach. You are liable for losses incurred by the Company or others due to someone else using your account or password.

Termination or Deletion of an Account.

The Company may suspend or terminate your account at any time, in its sole discretion, for any or no reason, including violation of this Agreement.

Policy for Using the Services

Additional Estimated Utilization Fees.

As listed at: https://smartsyndicator.com/fees. These are estimates and may change at any time.

Prohibited Uses.

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or the Company’s business. You may use the Services for business or commercial purposes.

Prohibited Activities.

• No Violation of Laws or Obligations. Violate any applicable laws or regulations (including IP, privacy, or publicity rights) or any contractual obligations.
• No Unsolicited Communications. Send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or other unsolicited communications.
• No Impersonation. Impersonate others or misrepresent your affiliation.
• No Harming of Minors. Exploit or harm minors, including exposing inappropriate content or obtaining PII.
• Compliance with Content Standards. Upload or transmit material that fails to comply with the Content Standards below.
• No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services.
• No Interference or Disabling of the Services. Interfere with proper operation or burden infrastructure.
• No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated/manual means (e.g., robots, spiders, scrapers), except as conditionally permitted for search engines.
• No Viruses, Worms, or Other Damaging Software. Upload or distribute harmful code or launch denial-of-service attacks.
• No Unauthorized Access or Violation of Security. Attempt unauthorized access, breach/circumvent security, or interfere with servers or networks.
• No Reverse Engineering. Reverse engineer, decompile, or attempt to obtain source code.
• No Collecting User Data. Collect/harvest user data without consent.
• No Other Interference. Otherwise interfere with proper working of the Services.
• Attempt or Assist Others in Attempting. Attempt or assist others in any of the foregoing.

Geographic Restrictions

The Company is based in the United States at: 5900 Balcones Dr, Suite 5908, Austin, Texas 78731, United States. The Services are for use by persons located in the United States only. By accessing the Services from outside the United States, you accept responsibility for compliance with local laws. The Company makes no representations that the Services or content are accessible or appropriate outside the United States.

TCPA Compliance (Smart Syndicator)

Customer acknowledges and agrees that all use of the messaging, email, and calling features within the Smart Syndicator platform must comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Securities and Exchange Commission (SEC) regulations, and all other applicable federal, state, and carrier requirements. Customer is solely responsible for: (i) obtaining prior express written consent from recipients before sending any promotional or marketing messages; (ii) providing clear opt-out instructions (“Text STOP to cancel”) and honoring all opt-out requests immediately; (iii) maintaining accurate records of consents, opt-ins, and opt-outs; (iv) ensuring all message content complies with TCPA, SEC rules on investor communication, and carrier guidelines; and (v) using Smart Syndicator’s messaging and calling features only for lawful, manual, and permitted purposes. Smart Syndicator does not monitor the content or recipient lists of messages sent through the platform and assumes no responsibility for Customer’s compliance obligations.

Indemnification (Messaging & Communications)

Customer agrees to defend, indemnify, and hold harmless Smart Syndicator, its owners, affiliates, employees, and agents from and against any and all claims, actions, fines, penalties, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: (i) Customer’s use of the platform in violation of TCPA, CAN-SPAM, SEC regulations, carrier policies, or other applicable laws; (ii) any claim brought by a third party, regulator, or carrier due to messages, emails, or calls initiated by Customer; or (iii) Customer’s breach of this Agreement or misrepresentation of consent from recipients.

Disclaimer (Messaging & Communications)

Smart Syndicator provides messaging and communication infrastructure only and does not provide legal advice regarding compliance with TCPA, securities laws, or other regulations. Customers are strongly encouraged to consult qualified legal counsel regarding their obligations.

Terms and Conditions of Sale

Purchasing Process.

Steps from choosing Services to order submission form part of the purchasing process. By clicking the checkout button, you open the third-party merchant checkout, provide contact details and a payment method, review the order, and confirm/submit it, thereby accepting these Terms and committing to pay the agreed price.

Order Submission.

Submitting an order creates an obligation to pay the price, taxes, and any fees. If active input is required from you, you must cooperate accordingly. Upon submission, you will receive a receipt confirming the order has been received. All notifications will be sent to the email you provide.

Prices.

You will be informed during checkout and before order submission of fees, taxes, and costs (including any delivery costs) to be charged.

Methods of Payment.

Accepted methods are shown during checkout. Some methods may have additional conditions/fees. All payments are processed by third-party services; the Website does not collect payment details. If a payment fails or is refused, the Company is under no obligation to fulfill the order. Resulting costs/fees from failed/refused payments are borne by you.

Retention of Usage Rights.

You do not acquire rights to use purchased Services until the total purchase price is received by the Company.

Contract Duration

Subscriptions.

Subscriptions provide continuous or regular Services over a set period and begin on the day payment is received. To maintain subscriptions, pay recurring fees on time to avoid interruptions.

Fixed-Term Subscriptions.

Fixed-term subscriptions start on payment receipt and last for the selected or specified term. After expiration, Services are inaccessible unless renewed. Fixed-term subscriptions may not be terminated early and run to term.

Automatic Renewal.

Subscriptions renew automatically via your chosen payment method unless you cancel within the applicable termination deadlines. Renewals are for the original term length. You will receive a reminder with reasonable advance notice and cancellation instructions.

Termination (Subscriptions).

Recurring subscriptions may be terminated at any time by clear written notice to the Company (or via in-app controls, if available). If the notice is received before renewal, termination takes effect at the end of the current period.

Intellectual Property Rights

Ownership.

All intellectual property rights in the Services and their contents, features, and functionality (the “Content”) are owned by the Company, its licensors, or other providers and are protected by U.S. and international laws. No rights are transferred to you by accessing the Services. All rights not expressly granted are reserved.

License to Use the Services.

During the Term, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and access the Content for business/commercial use in accordance with this Agreement. This license terminates upon cessation of use or termination of this Agreement.

Certain Restrictions.

You agree not to: (i) copy, reproduce, publish, display, perform, post, transmit, or distribute any Content except as expressly permitted or enabled by a feature; (ii) modify, create derivative works, translate, adapt, disassemble, reverse compile, or reverse engineer any Content; (iii) sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or Services; (iv) delete or alter proprietary notices; (v) access or use the Content to build a similar or competitive service; or (vi) systematically retrieve information to create a database, compilation, or directory.

Trademark Notice.

All trademarks, logos, and service marks displayed on the Services are the property of the Company or third parties. You may not use them without prior written consent of their respective owners.

User Content

User Generated Content.

The Services may include interactive features allowing users to post or transmit content (“User Content”). You are solely responsible for your User Content. All User Content must comply with the Content Standards. User Content is considered non-confidential and non-proprietary. You assume all risks associated with your User Content. The Company is not responsible or liable for User Content posted by you or others or for interactions between users.

License.

You grant the Company an irrevocable, non-exclusive, royalty-free, fully paid, transferable, perpetual, worldwide license (with sublicensing rights) to reproduce, distribute, publicly display/perform, prepare derivative works of, incorporate into other works, and otherwise use/exploit your User Content in connection with the Services and the Company’s business. You represent and warrant that you have all rights necessary to grant this license. All licenses are subject to our Privacy Policy (smartsyndicator.com/privacy) for any personally identifiable information.

Content Standards.

User Content must not: (i) violate laws or obligations; (ii) promote illegal activity or create risk of harm; (iii) infringe IP rights; (iv) be unlawful, defamatory, invasive, abusive, threatening, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating, or otherwise objectionable; (v) promote sexually explicit material, violence, or discrimination; (vi) contain fraudulent information or impersonation; or (vii) imply Company endorsement if untrue.

Monitoring and Enforcement.

We may, but are not obligated to: (i) take action regarding User Content that violates this Agreement or creates liability (including reporting to law enforcement); (ii) remove or reject any User Content; (iii) disclose User Content, identity, or communications to satisfy law or protect rights; and/or (iv) terminate or suspend access for violations. We do not review User Content before posting and assume no liability for actions or inaction regarding transmissions, communications, or content by any user or third party.

Copyright Infringement (DMCA Policy)

The Company respects intellectual property and may terminate users who are repeat infringers. To request removal of allegedly infringing material under the DMCA, provide: (i) signature of copyright owner/agent; (ii) description of the copyrighted work; (iii) description of infringing material and its location; (iv) your contact information; (v) good-faith statement that use is unauthorized; and (vi) statement under penalty of perjury that the information is accurate and you are authorized. Misrepresentations under 17 U.S.C. § 512(f) may subject you to liability.

Designated Copyright Agent:

Name: Brandon Wong
Address: 5900 Balcones Dr, Suite 5908, Austin, Texas 78731, United States
Telephone: 682-463-1443
Email: [email protected]

Feedback to the Company

If you provide feedback or suggestions (“Feedback”), you assign to the Company all rights in such Feedback, and the Company may use it in any manner. Feedback is treated as non-confidential and non-proprietary. Do not submit confidential or proprietary information.

Assumption of Risk

Information on or through the Services is for general information purposes only. The Company does not warrant accuracy, completeness, suitability, or quality. Any reliance is at your own risk, and the Company disclaims liability arising from such reliance.

Privacy

For information about how the Company collects, uses, and shares your information, review our Privacy Policy (smartsyndicator.com/privacy). By using the Services, you consent to such practices.

Termination

Termination by Company or You.

The Company may suspend or terminate your access at any time for any reason without prior notice, including for breach. Upon termination, your right to access/use the Services ceases immediately. The Company is not liable for any suspension or termination, including deletion of User Content. If you have an account, you may terminate this Agreement by contacting the Company.

Effect of Termination.

Provisions that by their nature should survive termination remain in effect, including ownership/IP, warranty disclaimers, and limitations of liability. Termination does not relieve obligations incurred before termination.

No Warranty

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT CONTENT IS ACCURATE OR COMPLETE; THE SERVICES WILL MEET REQUIREMENTS; WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR SECURE; DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES; IF REQUIRED BY LAW, ANY SUCH WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM FIRST USE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, REVENUE, PROFIT, BUSINESS, ANTICIPATED SAVINGS, DATA, GOODWILL, OR DIMINUTION IN VALUE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES OR THIRD-PARTY LINKS, UNDER ANY LEGAL THEORY, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY. YOUR SOLE REMEDY IS TO STOP USING THE SERVICES. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS/EXCLUSIONS; THOSE MAY NOT APPLY.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (“Indemnified Party”) from and against all losses, claims, actions, suits, damages, liabilities, penalties, interest, judgments, settlements, awards, fines, costs, and expenses (including reasonable attorneys’ fees and enforcement costs) arising out of or relating to your breach of this Agreement or your use/misuse of the Services, including your User Content or actions by a third party using your account. The Company may assume exclusive defense and control at your expense; you agree to cooperate.

Disputes

Governing Law.

This Agreement and any matters arising out of or relating to it are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Dispute Resolution; Venue; Arbitration.

Any action or proceeding shall be brought only in a state or federal court located in Tarrant County, Texas, though the Company may bring suit in your country of residence or any relevant country. You irrevocably submit to these courts and waive inconvenient forum defenses. At the Company’s sole discretion, disputes may be submitted to binding arbitration before a single arbitrator under AAA rules in Tarrant County, Texas. The arbitrator’s decision is final and may be entered in any court of competent jurisdiction. The prevailing party may be awarded reasonable attorneys’ fees and costs unless the arbitrator determines otherwise. All arbitrations proceed on an individual basis; you waive jury trial, class actions, and joint/consolidated proceedings. If a court finds any part of this paragraph unenforceable as to a particular claim, that claim must be severed and may proceed in court.

Waiver of Jury Trial/Class Action.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, IT IS PERMANENTLY WAIVED AND BARRED.

Miscellaneous

Waiver.

No failure or delay by the Company in exercising any right, remedy, power, or privilege operates as a waiver; nor does any single or partial exercise preclude any other or further exercise.

Severability.

If any term is held invalid, illegal, or unenforceable, the remainder remains in full force, and the invalidity does not affect enforceability in other jurisdictions.

Entire Agreement.

This Agreement, together with all referenced documents, constitutes the entire agreement between you and the Company and supersedes all prior and contemporaneous understandings.

Headings.

Headings are for convenience only and do not affect interpretation.

No Agency, Partnership, or Joint Venture.

No agency, partnership, or joint venture is created by this Agreement. You have no authority to bind the Company.

Assignment.

You may not assign/delegate rights or obligations without the Company’s prior written consent; any attempted assignment is void. The Company may freely assign/delegate. Subject to the foregoing, this Agreement binds and benefits the parties and their successors/assigns.

Export Laws.

The Services may be subject to U.S. export control laws and regulations. You agree to comply and not transfer materials in violation thereof.

Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent above. All other feedback, comments, requests for technical support, and communications relating to the Services should be directed to [email protected].