END USER LICENSING AGREEMENT
Rev. Mar. 2026 v1.4
This End User Licensing Agreement (the “Agreement”) relates to products and services (the “Products” or “Licensed Applications”) provided by Pinogy Corporation and its subsidiaries (the “Licensor” or “Application Provider”) to you on behalf of the client/company utilizing the Application Provider’s Products (collective “You”/”Your”). The Products covered by this Agreement are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate or supplemental license agreement, in which case the terms of that separate supplemental license agreement will govern and/or supplement. The Application Provider reserves all rights not expressly granted to You.
a. Scope of License: This license granted to You for the Licensed Application by Application Provider is a limited and non-transferable license to use the Licensed Application on any approved device that You own or control. This license does not allow You to use the Licensed Application on devices You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted), decompile, reverse engineer, disassemble, attempt to derive the source of code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect and use application and transactional data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, transactions and other financial data to facilitate the provision of software updates, product support and to provide other services to You or those You authorize related to the Licensed Application. You agree use of the Licensed Application is subject to the terms of Pinogy’s Privacy Policy (http://www.pinogy.com/privacy-policy) that may be changed from time to time.
Additionally, You acknowledge and accept that optional add-ons or integrations (for example, add-ons designed to connect franchisees to franchisors) to the Licensed Application may involve i) the transmission of Your data to designated business partners; and/or ii) access and the ability by business partners to modify your data (through APIs or other integrations). By installing and using such add-ons or integrations You expressly agree to the data-sharing and access enabled by the add-on or integration at issue.
c. Termination. The license is effective until terminated by You or the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Outside Services. The Licensed Application may enable access to Application Provider’s and third-party services and websites (collectively and individually, “Outside Services”). Use of Outside Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Outside Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Outside Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Outside Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Outside Services, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services. Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to websites are provided solely as a convenience to You. Financial information displayed by any Outside Services is for general informational purposes only and is not intended to be relied upon as investment advice. Location data provided by any Outside Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or location data displayed by any Services.
You agree that any Outside Services containing proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Outside Services.No portion of the Outside Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Outside Services, in any manner, and You shall not exploit Outside Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use Outside Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Outside Services.
e. Third-Party Integrations and Partner Terms. The Licensed Application may include integrations with third-party providers (“Third-Party Integrations”). A current list of such Third-Party Integrations, along with links to their applicable terms of service and related policies (collectively, “Third-Party Terms”), is available at (http://pinogy.com/tpi). Those Third-Party Terms are incorporated by reference into this Agreement and form part of this Agreement as applied to the applicable Third-Party Integration.
When You access or use any Third-Party Integration, Your use of that integration and any related functionality or services will be subject to the applicable Third-Party Terms. By accessing or using any Third-Party Integration, You acknowledge and agree to those Third-Party Terms.
To the extent there is any conflict between this Agreement and the applicable Third-Party Terms, the Third-Party Terms will govern solely with respect to the specific Third-Party Integration and the functionality, services, and data associated with that integration. This Agreement will continue to govern in all other circumstances.
You acknowledge that Third-Party Integrations may involve the transmission of Your data to, or access to Your data by, the applicable third-party provider, and may impose additional requirements, restrictions, or obligations regarding Your use of the Licensed Application in connection with such integrations.
f. NO WARRANTY: You expressly acknowledge and agree that use of the Licensed Applications is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the licensed application are provided “as is” and “as available,” with all faults and without warranty of any kind, and application provider hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, or satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application Provider does not warrant against interference with Your enjoyment of the Licensed Application; that the functions contained in, or services performed or provided by, the licensed application will meet your requirements; that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application or services will be corrected. No oral or written information or advice given by Application Provider or its authorized representative shall create a warranty. Should the Licensed Application or services prove defective, You assume the entire cost of all necessary servicing, repair or correction.
g. Limitation of Liability. To the extent not prohibited by law, in no event shall application provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Licensed Application. In no event shall Application Provider’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails to its essential purpose.
h. Disputes and Forum. This Agreement shall be governed by the laws of the Commonwealth of Virginia, without reference to conflict of laws principles. Any disputes under this Agreement shall be resolved by arbitration under the rules of the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the forum for proceedings, if necessary, located in or around Leesburg, Virginia. The prevailing party in any arbitration under this provision shall be entitled to recover its reasonable and incurred attorneys’ fees and legal costs.