End User License Agreement

Version Date: November 1, 2024

End User License Agreement (EULA)

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This End User License Agreement (“Agreement”) governs the use of the Afino AI platform (“Platform”) provided by Afino AI, Inc. (“Afino,” “we,” “our,” or “us”) to you (“User,” “you,” or “your”). By accessing or using the Platform, you agree to be bound by this Agreement.

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1. Acceptance of Terms

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By using the Platform, you acknowledge that you have read, understood, and agree to comply with all terms and conditions in this Agreement. If you do not agree to these terms, you are not authorized to use the Platform.

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2. License Grant

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Afino grants you a non-exclusive, non-transferable, revocable license to access and use the Platform solely for the purpose of back-office financial services, including bookkeeping, fractional CFO, and related services for your business.

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3. Use of Third-Party Applications

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Our Platform integrates with and uses various third-party applications to deliver certain features and services, including but not limited to payment processing, financial analytics, payroll management, and tax support. By using the Platform, you acknowledge and agree to the following:

• You accept and agree to be bound by the terms, privacy policies, and other agreements of all third-party applications we utilize to deliver our services.
• Afino has no control over the terms or functionality of these third-party applications and makes no representations or warranties regarding their reliability, security, or availability.
• Afino disclaims any responsibility for the actions or terms of service imposed by third-party applications.

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4. User Responsibilities

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• Account Security: You are responsible for maintaining the confidentiality of your account information and any activity that occurs under your account.
• Compliance: You agree to use the Platform in accordance with all applicable local, state, national, and international laws and regulations.
• No Misuse: You shall not misuse the Platform, including but not limited to, using it in any way that could damage, disable, overburden, or impair the Platform or interfere with any other User's use of the Platform.

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5. Prohibited Uses

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You may not:

• Reproduce, distribute, modify, create derivative works from, or publicly display the Platform except as expressly permitted in this Agreement
• Reverse engineer, decompile, or disassemble any portion of the Platform
• Use the Platform for any illegal or unauthorized purpose

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6. Intellectual Property Rights

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All rights, title, and interest in and to the Platform, including all software, graphics, text, and other materials, are owned by Afino or its licensors and are protected by applicable intellectual property laws. This Agreement does not transfer any ownership rights to you.

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7. Data and Privacy

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Our use of your data is governed by our Privacy Policy, which is incorporated into this Agreement. By using the Platform, you agree to the collection, use, and sharing of your information as described in our Privacy Policy.

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8. Disclaimer of Warranties

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The Platform and all related services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind. To the maximum extent permitted by law, Afino disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

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9. Limitation of Liability

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To the maximum extent permitted by law, Afino shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising from or in connection with your use of the Platform, even if Afino has been advised of the possibility of such damages. In no event shall Afino's total liability exceed the amount you paid to Afino in the 12 months preceding the event giving rise to the claim.

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10. Termination

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Afino reserves the right to suspend or terminate your access to the Platform at any time, with or without cause, effective immediately.

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11. Governing Law

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This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

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12. Amendments

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Afino may modify this Agreement at any time. Any modifications will be effective immediately upon posting the updated Agreement on the Platform. By continuing to use the Platform, you accept the modified Agreement.

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13. Entire Agreement

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This Agreement, along with any other agreements or policies incorporated by reference, constitutes the entire agreement between you and Afino regarding the use of the Platform and supersedes any prior or contemporaneous agreements, communications, or understandings, whether written or oral.

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14. Contact Information

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For questions about this Agreement, please contact Afino at:

Address: 2261 Market Street STE 10657

San Francisco, CA 94114

Email: finance@afino.ai

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