Terms of Service

These Terms of Service constitute a legally binding agreement between you and AllCaps Technologies Inc. (together with its affiliates, "AllCaps", "Company", "we," "our" or "us") governing your use of our website at equate.cc (the "Site"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE.

These Terms of Service are effective as of the date you first use or access the Site. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent.

Any personal data you submit to us or which we collect about you is governed by our Privacy Policy, available at https://equate.cc/privacy. The Privacy Policy is incorporated by reference into these Terms of Service.

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND COMPANY CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

1. Representations and Warranties

You represent and warrant that: (i) you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the Site without authorization
• Using automated systems including robots, spiders, or offline readers to access the Site
• Transmitting spam, chain letters, or other unsolicited communications
• Attempting to interfere with or compromise the security of the Site
• Violating any applicable laws, regulations, or rules
• Infringing upon intellectual property rights of Company or others
• Harassing, threatening, or otherwise violating the legal rights of other users or Company staff members
• Uploading viruses or malicious code
• Attempting to reverse engineer any software used to provide the Site

2. Termination and Suspension

Unless otherwise agreed to in writing, either party may terminate these Terms of Service for any or no cause, at any time. We reserve the right to refuse access to or use of the Site to anyone for any reason at any time.

Company may terminate or limit your right to use the Site if we believe you have breached any provision of this Agreement. Such termination will be effective immediately upon notice. Even after termination, this Agreement will remain enforceable against you.

Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site at its sole discretion. Company is not liable for any modification or discontinuance of the Site.

3. Links to Third-Party Websites

The Site may contain links to third-party websites. Such links do not constitute endorsement by Company. Company does not control such websites and is not responsible for their availability, accuracy, content, advertising, products, or services.

The use of any third-party website is governed by that website's terms and privacy policies. You access such websites at your own risk. Company disclaims any liability arising from your use of third-party websites.

4. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, designs, HTML, photographs, music, images, software, videos, trademarks, logos, and other content (collectively "Proprietary Material") is owned by Company. Proprietary Material is protected by copyright, patent, and other intellectual property laws.

You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Company's express prior written consent. The service marks and trademarks of Company, including Equate and Equate logos, are owned by AllCaps Technologies Inc.

If you submit comments, ideas, or feedback about the Site ("Feedback"), you agree that your disclosure is gratuitous and without restriction. We are free to use the Feedback without compensation to you and may disclose it to anyone on a non-confidential basis.

5. Confidential Information

You acknowledge that Confidential Information is a valuable asset of Company and agree not to disclose, transfer, or use any Confidential Information for any purpose other than using the Site in accordance with these Terms of Service.

"Confidential Information" means any trade secrets, proprietary information, and all other information of Company that is not generally known to the public, including technical data, research, product plans, services, customers, software, developments, inventions, processes, designs, marketing, finances, and strategic information.

6. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT PROVIDED THROUGH THE SITE AND ASSUMES NO LIABILITY FOR (I) ERRORS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, (III) ANY ACCESS TO OUR SECURE SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE) ARISING FROM YOUR USE OF THE SITE.

IF COMPANY IS FOUND LIABLE, THE AGGREGATE LIABILITY WILL NOT EXCEED THE LOWER OF (I) TOTAL FEES PAID BY YOU DURING THE SIX MONTHS PRIOR TO THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100).

7. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, and insurers from any liabilities incurred in connection with (i) your use of the Site, (ii) your breach of this Agreement, (iii) your violation of any law or rights of any third party, and (iv) any content submitted by you to the Site.

Company reserves the right to assume exclusive defense of any matter subject to your indemnification. You will not settle any claim without Company's prior written consent.

8. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND COMPANY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION REQUIRES YOU AND COMPANY TO SUBMIT CLAIMS TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

Binding Arbitration

You and Company agree that any dispute arising out of or relating to this Agreement or your use of the Site will be settled by binding arbitration, except that each party retains the right to seek injunctive relief to prevent infringement of intellectual property rights. This means you and Company both waive the right to a trial by jury.

You may bring a claim in small claims court instead of arbitration, but only if the claim is eligible and brought on an individual, non-class, non-representative basis.

Class Action Waiver

You and Company agree that any proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. This means you and Company both waive the right to participate in class action proceedings. The arbitrator may not consolidate claims or preside over any class action.

Arbitration Administration

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, except as modified by this section. (AAA Rules are available at www.adr.org or by calling 1-800-778-7879)

Arbitration Location and Procedure

Unless you and Company agree otherwise, the seat of arbitration shall be in Frisco, Texas. If your claim does not exceed $10,000, the arbitration will be conducted solely on documents unless you request a hearing. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules.

Governing Law

The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act. Any award must be consistent with the limitations of liability stated above.

9. Governing Law

This Agreement and your use of the Site will be governed by the laws of the State of Delaware, without regard to choice of law principles. This provision is only intended to specify the use of Delaware law to interpret this Agreement.

10. General Provisions

This Agreement constitutes the complete agreement between you and Company with respect to its subject matter. If any provision is found invalid, it shall be modified to be valid or excised without affecting other provisions.

This Agreement may not be assigned by you without our prior written approval. We may assign this Agreement without your consent, including to a parent, subsidiary, acquirer of assets, or other successor.

11. Changes to this Agreement and the Site

Company reserves the right to change, modify, add to, or delete any terms of this Agreement at any time, effective with or without prior notice. Company will endeavor to notify you of material changes by email but is not liable for failure to do so.

If any future changes are unacceptable to you, you must stop using the Site. Your continued use following any revision constitutes your acceptance of all changes.

12. Notices and Consent to Receive Notices Electronically

You consent to receive agreements, notices, disclosures, and other communications electronically including by email or by posting on the Site. You agree that all notices provided electronically satisfy any legal requirement that such communications be in writing.

All notices under this Agreement will be in writing and deemed received when personally delivered, sent by certified mail, electronically confirmed if by email, or the day after being sent by overnight delivery service.

13. Contact Us

If you have any questions about these Terms of Service or the Site, please contact us:

• By email: connect@allcaps.ai
• By mail: AllCaps Technologies Inc., PO Box 1143, Frisco, TX 75035