END USER LICENSE AGREEMENT

This End User License Agreement ("Agreement" or "EULA") is a legally binding contract between you ("User," "you," or "your") and theSHFT Technologies, Inc., a Delaware corporation, including its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors (collectively, "theSHFT," "Company," "we," "us," or "our") governing your use of the theSHFT mobile application, including all associated software, updates, documentation, and services (collectively, the "App" or "Licensed Application").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, OUR TERMS OF SERVICE, AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

Your use of this App constitutes electronic acceptance of this Agreement with the same legal force and effect as if you had physically signed this Agreement.

1. DEFINITIONS

For purposes of this Agreement, the following definitions apply:

• "Authorized Device" means a single mobile device owned or controlled by you on which the App is installed.
• "Content" means any text, images, audio, video, data, or other materials transmitted through the App.
• "Encrypted Data" means any Content processed through the App's end-to-end encryption protocols.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
• "Licensed Application" means the theSHFT mobile application and all updates, upgrades, and modifications thereto.
• "Services" means all features, functions, and capabilities provided through the App.
• "Subscription" means any paid tier of service (e.g., theSHFT Pro) purchased through the App.
• "Third-Party Services" means any external services, APIs, or platforms integrated with or accessed through the App.
• "User Data" means any information, content, or data you create, upload, transmit, or store using the App.

2. ELIGIBILITY AND CAPACITY

By entering into this Agreement, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher;
• You have the legal capacity and authority to enter into binding contracts;
• You are not barred from using the App under any applicable law;
• You are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country;
• You are not listed on any U.S. government list of prohibited or restricted parties;
• Your use of the App does not violate any applicable law, regulation, or third-party right;
• All information you provide to us is accurate, current, and complete;
• If accepting on behalf of an organization, you have authority to bind that organization to this Agreement.

If you do not meet all eligibility requirements, you must not access or use the App. We reserve the right to verify eligibility at any time and terminate access for ineligible users.

3. LICENSE GRANT

Subject to your strict compliance with all terms and conditions of this Agreement, theSHFT hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install one (1) copy of the App on a single Authorized Device that you own or control;
• Access and use the App solely for your personal, non-commercial purposes;
• Use the App in accordance with all applicable laws and this Agreement.

This license is granted solely for lawful purposes and is conditioned upon your ongoing compliance with this Agreement. No rights are granted except as expressly set forth herein. All rights not expressly granted are reserved by theSHFT.

This license does not grant you any right, title, or interest in or to the App beyond the limited use rights expressly granted herein. theSHFT retains all Intellectual Property Rights in and to the App.

4. LICENSE RESTRICTIONS

You expressly agree that you shall NOT, and shall not permit any third party to:

• Copy, reproduce, duplicate, or make derivative works of the App or any portion thereof;
• Modify, adapt, translate, or create derivative works based on the App;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
• Circumvent, disable, or interfere with any security features, access controls, or copy protection mechanisms;
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App;
• Rent, lease, lend, sell, redistribute, sublicense, or transfer the App or any rights therein;
• Use the App for any commercial purpose without express written authorization;
• Use the App for any illegal, harmful, fraudulent, or unauthorized purpose;
• Use the App to transmit malware, viruses, or other harmful code;
• Use the App to harass, abuse, stalk, threaten, defame, or harm any person;
• Use the App to infringe upon the intellectual property or privacy rights of others;
• Use the App to distribute unsolicited commercial messages (spam);
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts;
• Interfere with, disrupt, or create an undue burden on the App or connected networks;
• Use any automated means (bots, scrapers, crawlers) to access or collect data from the App;
• Impersonate any person or entity or misrepresent your affiliation;
• Use the App in violation of any applicable export control laws or sanctions;
• Use the App for child exploitation, terrorism, or other illegal activities;
• Encourage or enable any third party to engage in any prohibited conduct.

Any violation of these restrictions constitutes a material breach of this Agreement and may result in immediate termination of your license without notice or refund.

5. INTELLECTUAL PROPERTY RIGHTS

The App, including all content, features, functionality, design, graphics, logos, icons, images, audio, video, text, software, code, algorithms, and documentation, is owned by theSHFT or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The theSHFT name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of theSHFT or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

This Agreement does not grant you any right, title, or interest in the App or any Intellectual Property Rights therein. You acknowledge that the App contains valuable trade secrets and proprietary information of theSHFT.

Any feedback, suggestions, ideas, or other information you provide regarding the App ("Feedback") shall be owned exclusively by theSHFT. You hereby assign to theSHFT all rights in such Feedback and agree that theSHFT may use Feedback for any purpose without compensation or attribution to you.

6. USER CONTENT AND RESPONSIBILITY

You retain ownership of any User Data you create, transmit, or store using the App. However, you grant theSHFT a non-exclusive, worldwide, royalty-free license to process User Data solely as necessary to provide the Services.

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR:

• All User Data you create, transmit, receive, or store using the App;
• Ensuring your User Data does not violate any law or third-party right;
• All consequences arising from your User Data or its transmission;
• Maintaining backup copies of your User Data;
• All activities that occur under your account;
• Safeguarding your account credentials, PIN, and recovery phrase;
• Any unauthorized use of your account.

CRITICAL ENCRYPTION NOTICE: The App utilizes end-to-end encryption technology. theSHFT CANNOT ACCESS, READ, DECRYPT, MONITOR, OR RECOVER YOUR ENCRYPTED DATA OR MESSAGES. Once encrypted, your data can only be decrypted by you and your intended recipients. If you lose your encryption keys, recovery phrase, or PIN, YOUR DATA WILL BE PERMANENTLY UNRECOVERABLE. theSHFT bears no responsibility for lost, inaccessible, or unrecoverable data.

7. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the App, you consent to our data practices as described in the Privacy Policy.

Due to the App's end-to-end encryption architecture:

• We cannot access, read, or decrypt your encrypted messages or content;
• We cannot comply with requests for content we cannot access;
• We cannot recover lost encryption keys or data;
• You are solely responsible for the security of your encryption keys and credentials.

We collect minimal technical data necessary for App operation. For complete details, please review our Privacy Policy.

8. SUBSCRIPTIONS AND PAYMENTS

Certain features of the App require a paid subscription ("theSHFT Pro" or "Subscription"). By purchasing a Subscription, you agree to the following:

• Payment will be charged to your Apple ID account upon confirmation of purchase;
• Subscriptions automatically renew unless auto-renewal is disabled at least 24 hours before the end of the current period;
• Your account will be charged for renewal within 24 hours prior to the end of the current period;
• You may manage and cancel Subscriptions in your device's Settings → Apple ID → Subscriptions;
• Any unused portion of a free trial period will be forfeited when you purchase a Subscription;
• Prices are subject to change; changes take effect at the next renewal after notice;
• All fees are exclusive of applicable taxes, which you are responsible for paying.

FREE TRIALS: If offered, free trial periods convert automatically to paid Subscriptions unless canceled before the trial ends. Eligibility for trials is determined solely by theSHFT and Apple.

PRICE CHANGES: We reserve the right to change Subscription prices at any time. Price changes will be communicated in advance and will take effect at the start of the next subscription period following the notice.

9. REFUNDS AND CANCELLATION

All purchases and payments are processed by Apple, Inc. through the App Store. theSHFT does not directly process payments or issue refunds.

REFUND REQUESTS: All refund requests must be submitted directly to Apple through their support channels at https://support.apple.com/. theSHFT has no ability to process, approve, or deny refund requests.

CANCELLATION: Canceling your Subscription does not entitle you to a refund for any payments already made. Upon cancellation, you will continue to have access to premium features until the end of your current billing period.

NO PRORATION: We do not provide prorated refunds for partial subscription periods. If you cancel, you will have access until your current period expires.

ACCOUNT TERMINATION: If we terminate your account for violation of this Agreement, you will not be entitled to any refund of Subscription fees.

10. UPDATES AND MODIFICATIONS

theSHFT may, from time to time and at its sole discretion, develop and release updates, upgrades, patches, bug fixes, or modifications to the App ("Updates"). Updates may modify or delete features or functionality. You agree that theSHFT has no obligation to provide any Updates or to continue providing any particular features or functionality.

By using the App, you consent to automatic Updates. Some Updates may require you to accept revised terms before continued use. Your continued use of the App after any Update constitutes acceptance of such Update and any revised terms.

theSHFT reserves the right to modify, suspend, or discontinue the App (or any part thereof) at any time with or without notice. theSHFT shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

11. THIRD-PARTY SERVICES AND CONTENT

The App may contain links to, integrate with, or rely upon Third-Party Services, including but not limited to cloud services, authentication providers, and content delivery networks. These Third-Party Services are governed by their own terms of service and privacy policies.

theSHFT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SERVICES. theSHFT does not control, endorse, or assume responsibility for any Third-Party Services. Your use of Third-Party Services is at your sole risk.

You acknowledge that Third-Party Services may become unavailable, may change their terms or functionality, or may cease operations entirely, and theSHFT shall not be liable for any impact such changes have on the App or your use thereof.

12. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, theSHFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• TITLE;
• QUIET ENJOYMENT;
• ACCURACY;
• SYSTEM INTEGRATION;
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, theSHFT DOES NOT WARRANT THAT:

• The App will meet your requirements or expectations;
• The App will be uninterrupted, timely, secure, or error-free;
• The results obtained from using the App will be accurate or reliable;
• Any errors in the App will be corrected;
• The App will be compatible with your device or other software;
• The App will be free of viruses or other harmful components;
• Your data will be secure or that communications cannot be intercepted;
• The encryption used will be unbreakable or that vulnerabilities will not be discovered;
• Messages will be delivered or received successfully;
• The App will function during network outages or emergencies.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, theSHFT'S WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM theSHFT OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL theSHFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, BUSINESS, OR SAVINGS;
• ANY LOSS OF DATA, GOODWILL, OR REPUTATION;
• ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
• ANY PERSONAL INJURY OR PROPERTY DAMAGE;
• ANY INTERRUPTION OF BUSINESS;
• ANY LOSS OF PRIVACY OR SECURITY;
• ANY LOST OR UNDELIVERED MESSAGES OR COMMUNICATIONS;
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA;
• ANY DAMAGES ARISING FROM YOUR RELIANCE ON THE APP;

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF theSHFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL theSHFT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE APP EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO theSHFT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN theSHFT AND YOU. theSHFT WOULD NOT PROVIDE THE APP WITHOUT SUCH LIMITATIONS.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless theSHFT and its officers, directors, employees, agents, licensors, suppliers, affiliates, subsidiaries, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and legal costs) arising from or relating to:

• Your access to or use of the App;
• Your violation of any term of this Agreement;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights;
• Any User Data you create, transmit, or store;
• Any claim that your User Data caused damage to a third party;
• Any misuse of the App by you or anyone using your account;
• Any disputes between you and other users;
• Your negligence or willful misconduct.

theSHFT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of any claim. You shall not settle any claim without theSHFT's prior written consent.

This indemnification obligation shall survive the termination of this Agreement and your use of the App.

15. TERMINATION

TERMINATION BY theSHFT: theSHFT may terminate or suspend your license to use the App at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to:

• Violation of any provision of this Agreement;
• Suspected illegal activity or fraud;
• Request by law enforcement or government agency;
• Unexpected technical or security issues;
• Extended periods of inactivity;
• Non-payment of any applicable fees;
• Our business decision to discontinue the App.

TERMINATION BY YOU: You may terminate this Agreement at any time by:

• Deleting the App from all your devices;
• Deleting your account through the App settings;
• Canceling any active Subscriptions through Apple.

EFFECTS OF TERMINATION: Upon termination of this Agreement:

• All rights and licenses granted to you shall immediately terminate;
• You must immediately cease all use of the App;
• You must delete all copies of the App from your devices;
• Your account and associated data may be deleted;
• No refunds will be provided for any prepaid fees;
• Sections that by their nature should survive will survive (including indemnification, limitation of liability, disclaimers, dispute resolution, and general provisions).

DATA UPON TERMINATION: Due to our end-to-end encryption architecture, we may not be able to provide you with copies of your encrypted data upon termination. You are solely responsible for exporting or backing up any data before termination.

16. EXPORT COMPLIANCE

The App contains encryption technology subject to export control laws and regulations. By using the App, you represent and warrant that:

• You are not located in a country subject to U.S. government embargo (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine);
• You are not listed on any U.S. government list of prohibited or restricted parties, including the Treasury Department's Specially Designated Nationals List, the Commerce Department's Entity List, or the State Department's Debarred List;
• You will not export, re-export, or transfer the App in violation of any applicable export control laws;
• You will not use the App for any purposes prohibited by U.S. law, including development of nuclear, chemical, or biological weapons;
• You will comply with all applicable export laws of your jurisdiction;
• You will notify theSHFT immediately if any of these representations become false.

The App may not be downloaded or otherwise exported or re-exported in violation of U.S. Export Administration Regulations or other applicable laws.

17. U.S. GOVERNMENT RIGHTS

The App is a "commercial item" as defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212.

If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data).

If acquired by or on behalf of the Department of Defense, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3.

18. GOVERNMENT AND REGULATORY COMPLIANCE

You acknowledge and agree that:

• theSHFT may be required to comply with valid legal process, including subpoenas, court orders, and government requests;
• Due to end-to-end encryption, theSHFT may be unable to provide encrypted content even in response to valid legal process;
• theSHFT may provide metadata and non-encrypted data in response to valid legal requests;
• You are solely responsible for compliance with laws applicable to your use of the App;
• The App is not designed for use in regulated industries requiring specific compliance (e.g., HIPAA, PCI-DSS) unless specifically stated otherwise.

theSHFT reserves the right to disclose your information to law enforcement or government officials as required by law or as we deem necessary or appropriate.

19. EMERGENCY SERVICES DISCLAIMER

THE APP IS NOT DESIGNED OR INTENDED FOR USE IN EMERGENCY SITUATIONS. YOU ACKNOWLEDGE AND AGREE THAT:

• The App is not a replacement for traditional telecommunications services;
• The App cannot be used to contact emergency services (911, 999, 112, or equivalent);
• The App may not function during power outages, network failures, or emergencies;
• Messages may be delayed, lost, or undelivered;
• You should not rely on the App for time-critical or life-threatening communications;
• theSHFT IS NOT LIABLE FOR ANY FAILURE TO REACH EMERGENCY SERVICES OR ANY RESULTING DAMAGES.

ALWAYS MAINTAIN ACCESS TO TRADITIONAL TELECOMMUNICATIONS SERVICES FOR EMERGENCIES.

20. SECURITY LIMITATIONS ACKNOWLEDGMENT

While theSHFT implements industry-standard encryption and security measures, you acknowledge and agree that:

• No security system is impenetrable or guaranteed;
• Cryptographic systems may be vulnerable to future attacks or quantum computing;
• Metadata may reveal information about your communications;
• Compromised devices may expose your data regardless of encryption;
• Screenshots, screen recordings, or physical access to devices may compromise content;
• Third-party keyboard apps may log your input;
• Network traffic analysis may reveal communication patterns;
• Recipients may share or disclose your communications;
• theSHFT cannot prevent interception of communications before encryption or after decryption;
• theSHFT is not liable for any security breach, interception, or unauthorized access.

You use the App's security features at your own risk and should not rely solely on the App for protection of sensitive information.

21. ASSUMPTION OF RISK

You expressly acknowledge and agree that your use of the App is at your sole risk. You assume full responsibility for all risks associated with using the App, including but not limited to:

• Data loss, corruption, or inability to recover data;
• Unauthorized access to your account or communications;
• Interception or disclosure of your communications;
• Identity theft or fraud;
• Device damage or malfunction;
• Legal consequences of your communications;
• Disputes with other users;
• Any other harm resulting from your use of the App.

BY USING THE APP, YOU VOLUNTARILY ASSUME ALL SUCH RISKS AND WAIVE ANY AND ALL CLAIMS AGAINST theSHFT FOR DAMAGES ARISING THEREFROM.

22. FORCE MAJEURE

theSHFT shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond theSHFT's reasonable control, including but not limited to: acts of God; natural disasters; war, terrorism, or armed conflict; labor disputes; government actions; epidemics or pandemics; failure of telecommunications or power; cyberattacks or security breaches; or any other force majeure event.

23. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.

Subject to the Arbitration Agreement below, you agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Wilmington, Delaware. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

24. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

AGREEMENT TO ARBITRATE: You and theSHFT agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the App, or your use thereof (collectively, "Disputes") shall be resolved by binding individual arbitration rather than in court, except as specifically provided below.

ARBITRATION PROCEDURES: Any arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures or, for claims under $250,000, its Streamlined Arbitration Rules. The arbitration shall be conducted before a single neutral arbitrator.

• Location: Arbitration shall take place in Wilmington, Delaware, or another mutually agreed location;
• Language: All proceedings shall be conducted in English;
• Award: The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction;
• Costs: Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise;
• Confidentiality: All arbitration proceedings shall be confidential.

SMALL CLAIMS EXCEPTION: Either party may bring qualifying claims in small claims court.

INJUNCTIVE RELIEF EXCEPTION: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights or unauthorized use or disclosure of confidential information.

25. CLASS ACTION AND JURY TRIAL WAIVER

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND theSHFT AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR theSHFT WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

No arbitration or other proceeding may be combined with another without the prior written consent of all parties. If this class action waiver is found to be unenforceable, the entire arbitration agreement shall be void.

JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND theSHFT WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP.

You understand that by agreeing to this section, you are giving up substantial legal rights, including the right to participate in class actions and the right to a jury trial.

26. TIME LIMITATION ON CLAIMS

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This time limitation applies to all claims, whether based on contract, tort, statute, or any other legal theory.

27. APPLE-SPECIFIC TERMS

If you downloaded the App from the Apple App Store, the following terms apply:

ACKNOWLEDGMENT: You acknowledge that this Agreement is between you and theSHFT only, and not with Apple, Inc. ("Apple"). theSHFT, not Apple, is solely responsible for the App and its content.

SCOPE OF LICENSE: The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

MAINTENANCE AND SUPPORT: theSHFT is solely responsible for providing any maintenance and support services for the App, as specified in this Agreement. Apple has no obligation to furnish any maintenance or support services.

WARRANTY: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.

PRODUCT CLAIMS: theSHFT, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

INTELLECTUAL PROPERTY: In the event of any third-party claim that the App infringes that third party's intellectual property rights, theSHFT, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

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

THIRD-PARTY BENEFICIARY: Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

DEVELOPER CONTACT: For questions, complaints, or claims, contact theSHFT at shiftllc1@gmail.com.

28. CHANGES TO THIS AGREEMENT

theSHFT reserves the right to modify, amend, or update this Agreement at any time in its sole discretion. Changes become effective upon posting of the revised Agreement within the App.

For material changes, we will provide notice through the App or by email. Your continued use of the App after the effective date of any changes constitutes your acceptance of the modified Agreement.

If you do not agree to any modified terms, you must immediately stop using the App and delete your account.

It is your responsibility to review this Agreement periodically for changes. We recommend checking for updates regularly.

29. SEVERABILITY

If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be severed from this Agreement.

The invalidity of any provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

Any provision that is determined to be invalid or unenforceable in a particular jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

30. WAIVER

No failure or delay by theSHFT in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

Any waiver must be in writing and signed by an authorized representative of theSHFT to be effective.

31. ASSIGNMENT

You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without theSHFT's prior written consent. Any attempted assignment in violation of this section shall be null and void.

theSHFT may freely assign this Agreement without restriction or your consent. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

32. NOTICES

All notices required or permitted under this Agreement shall be in writing. theSHFT may provide notices to you through the App, via email, or by other means that provide actual notice.

Notices to theSHFT should be sent to: shiftllc1@gmail.com. Notice shall be deemed given upon receipt or, for email, upon confirmation of delivery.

33. ENTIRE AGREEMENT

This Agreement, together with the Terms of Service and Privacy Policy, constitutes the complete and exclusive agreement between you and theSHFT regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

No representation, statement, or inducement outside of this Agreement shall form part of or affect the interpretation of this Agreement.

In the event of any conflict between this Agreement and the Terms of Service, the Terms of Service shall control unless this Agreement specifically states otherwise.

34. INTERPRETATION

The headings in this Agreement are for convenience only and shall not affect interpretation. The terms "include" and "including" shall be deemed followed by "without limitation." References to "days" mean calendar days unless otherwise specified.

This Agreement shall be construed without regard to any presumption against the drafter. Both parties acknowledge having had the opportunity to consult with legal counsel regarding this Agreement.

35. LANGUAGE

This Agreement is written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.