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    Legal

    Terms & Conditions.

    TERMS AND CONDITIONS

    Effective Date: March 1, 2026

    PLEASE READ THIS TERMS AND CONDITIONS, TOGETHER WITH EACH OF ITS EXHIBITS, (REFERRED TO AS THE “TERMS” OR THE “AGREEMENT”) CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES, SUCH AS YOUR GRANTS AND WAIVERS OF RIGHTS, THE LIMITATIONS OF OUR LIABILITY, AND YOUR INDEMNITY OF US. IN THIS AGREEMENT, FIFTYTWO, INC. IS REFEREED TO AS “FiftyTwo,” “We,” “Our,” or “Us” AND THE USER ACCESSING AND USING THE SERVICES IS REFERRED TO AS “YOU” OR “YOUR”. OTHER USERS (NOT YOU) MAY BE REFERRED TO AS “SUBSCRIBER”.

    YOU AGREE THAT YOUR USE OF THE SERVICES, OTHER THAN TO READ THESE TERMS (AND APPLICABLE ADDITIONAL TERMS) AND PRIVACY POLICY SET FORTH IN EXHIBIT 1 HERETO, CONSTITUTES AGREEMENT TO THE TERMS, AND ANY APPLICABLE ADDITIONAL TERMS, THEN POSTED WITHOUT FURTHER ACTION BY YOU. BY CLICKING 'LOG IN' OR 'SIGN UP' YOU AGREE TO OUR TERMS OF SERVICE, UNDERSTAND, AND TO THE EXTENT REQUIRED, CONSENT TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN OUR PRIVACY POLICY SET FORTH IN EXHIBIT 1 HERETO.

    INTRODUCTION AND OVERVIEW

    These Terms and Conditions, together with the provisions set forth in Exhibits hereto govern Your use of Our websites (“Sites”), mobile application (“App”), and Your access to and use of all features, widgets, plug-ins, applications, content, downloads, coaching services and/or other services that We own and/or control and/or make available, and/or where a link to these Terms is provided (collectively, the “Services”). The Services are owned and/or operated by FiftyTwo or our affiliates. By using the Services, You acknowledge Our Privacy Policy, set forth in Exhibit 1 hereto, and consent to the collection and use of Your data in accordance therewith. By interacting with and/or using the Services, You signify Your assent and agree to these Terms. If You do not agree to these Terms, You must not use or interact with the Services.

    A. ACCOUNT ELIGIBILITY and CONTENT

    BEFORE YOU CREATE AN ACCOUNT WITH US, REVIEW THE ELIGIBILITY CRITERIA BELOW AND CONFIRM THAT YOU ARE PERMITTED TO CREATE AN ACCOUNT.

    In order to create an account (“Account”) and begin using the Services, You must first register through Our online registration process. The Services’ practices governing any resulting collection, use, disclosure and management of Your personal information are disclosed in Our Privacy Policy, set forth in Exhibit 1 hereto. If You are under the age of eighteen (18) (or the age of majority in Your country of residence), then You are not permitted to create an Account or otherwise use the Services or submit personal information to Us.

    1. Eligibility.

    (a) Eligibility Criteria. You are prohibited from creating an Account to use the Services unless You meet all of the following eligibility criteria (“Eligibility Criteria”), and by using the Services, You represent and warrant that:

    • You are an individual (e.g., not corporation, partnership or other business entity) and are at least 18 years old (or the age of majority to legally enter into a contract under the laws of Your country of residence if that happens to be greater than 18). For safety, security, and to provide the best possible user experience, We require You to verify Your age and identity at the time You subscribe to the Services. Verification may include verification through phone number authentication and, in some instances, photo verification. This helps prevent fake profiles and ensures a safer user environment;

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    Ø You are legally permitted to use the Services by the laws of Your country of residence;

    Ø You are legally qualified to enter into a binding contract with FiftyTwo;

    Ø You are seeking a meaningful personal relationship;

    Ø You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;

    Ø You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless You have received clemency for a non-violent crime and We have determined that You are not likely to pose a threat to Subscribers of Our Services;

    Ø You are not required to register as a sex offender with any state, federal or local sex offender registry;

    Ø You do not have more than one Account on Our Services; and

    Ø You have not previously been removed from Our Services or Our affiliates’ services by Us or Our affiliates, unless You have Our express written permission to create a new Account.

    (b) Failure to Meet Eligibility Criteria . If at any time You cease to meet these requirements, all authorization to access Our Services or systems is automatically revoked, and You must immediately delete Your Account. We reserve the right to request You to confirm that You meet the Eligibility Criteria from time to time, including the right to request evidence of Your identity, age and primary residence. We retain the right to remove Your access to Our Services at any time and without warning.

    2. Service Content, Ownership, Limited License, and Rights of Others

    (a) Content . There are three types of content that You will be able to access on the Services (collectively the “ Content ”):

    Ø Content that You upload and provide (“ Your Content ”). For the categories of content that We collect from You and how We use Your Content, please review Our Privacy Policy, set forth in Exhibit 1 hereto ;

    Ø Content that Subscribers of the Services provide (“ Member Content ”); and

    Ø Content that FiftyTwo provides (including, without limitation, information, media, database(s) and/or software) (“ Our Content ”).

    (b) Your Content . Your Content is the following information, in the form and substance that You provide or upload to the Service:

    Ø Personal details such as name, age, gender, location, interests, and bio,

    Ø Media files uploaded to enhance Your profile or for sharing with Subscribers,

    Ø Communications with Subscribers, including messages, likes, comments, or other forms of engagement; and

    Ø Financial and personal details to allow processing of fees and other payment obligations.

    Subject to the rights and license You grant in these Terms, You retain whatever legally cognizable right, title, and interest that You have in Your Content.

    (c) Member Content. Member Content includes information, media, or interactions submitted by Subscribers (other than You) on Service. This includes, but is not limited to:

    • Personal details, photos, and videos shared by Subscribers to represent themselves,
    • Communications such as direct messages, comments, or responses sent to or by a Subscriber,
    • Actions like likes, winks, or reactions directed toward a Subscriber, and
    • Posts, discussion entries, or group activity content made by Subscribers visible on the Services.

    (d) Our Content includes:

    • all content, including all materials, information, and other items relating to FiftyTwo, the Services and Our other products and services, and similar items from Our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software (including source code, object code, HTML, mobile code), interactive features, the “look and feel” of the Services, except that Our Content does not include Your Content, in the unmodified form and substance, You provide or upload to the Service;

    • the compilation, assembly, arrangement, modifications, enhancements, derivatives and output (including AI Output) based on or derived from the material, information and other items based on Your Content and/or Member Content and the content and material described in the above paragraph. “AI Output” means any data, information, text, images, videos, audio, or any other form of content that is generated, produced, or created by an AI Tool (including creative works, predictive models, synthesized media, statistical analyses, or any other results or artifacts resulting from the processing of input data (e.g., Your Content and/or Member Content and the content and material described in the above paragraph or instructions provided to an AI Tool). “AI Tools” means any artificial intelligence foundation platform, model, application or technology (including any generative artificial intelligence, reasoning technology and similar technology now known or hereafter developed); and

    • all “Intellectual Property Rights” in the material, information and other items described in the above paragraphs of this Section A.2.(d), including copyrights, “look and feel”, mask work rights, moral rights, trade secrets, patent rights, rights in inventions, trademarks, trade names, and service marks (including applications for, and registrations, extensions, renewals, and re- issuances of, the foregoing.

    (e) Ownership, License and Rights of Others

    (i) Your Content: Your Content, in the unmodified form and substance You have uploaded, posted or transmitted to the Services, remains Your property, subject to these Terms and the license rights of FiftyTwo and Subscribers of the Services. By accessing the Services, You hereby grant FiftyTwo and its affiliates and its and their licensors and service providers a worldwide, non-exclusive, royalty-free, perpetual license to use, display, modify, create derivative works (and AI Output) from Your Content and information, and to use, display and distribute the results thereof and such content as needed to provide and operate the Service, support FiftyTwo’s business requirements and enable FiftyTwo’s licensors and service providers to provide and perform their activities to enable Your use of the Services. Subscribers may have limited rights to view, interact with, or share Your Content in connection with their use of the Services.

    (ii) Member Content: Member Content, in the unmodified form and substance the applicable Subscriber has uploaded, posted or transmitted to the Services, belongs to the Subscriber who uploaded, posted or transmitted such content and is stored on Our servers and displayed on the

    Services. You do not have any rights in relation to a Subscribers’ Member Content, and You may only use another Subscribers’ personal information to the extent that Your use of it matches FiftyTwo’s purpose of allowing people to interact with one another.

    (iii) Our Content: The Services and Our Content are owned and/or controlled by FiftyTwo and/or Our licensors and certain other third parties. All right, title, and interest in and to Our Content is the property of FiftyTwo and/or Our licensors and/or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property Rights and other rights and laws to the fullest extent possible. FiftyTwo owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services. To the extent any actions are required to be taken by You to perfect FiftyTwo’s or its licensors and third parties’ ownership rights, You agree to perform all such acts and execute all documents as may be reasonably requested by FiftyTwo to ensure ownership rights are vested in FiftyTwo, its licensors and/or third parties, as applicable.

    (iv) Reservation of All Rights Not Granted as to Content and Services: These Terms and any applicable additional terms include only narrow, limited grants of rights to Content and to Your use of and access to the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to You are reserved by FiftyTwo and/or its licensors and/or other third parties. Any unauthorized use of any Content or the Services for any purpose is strictly prohibited.

    (v) Rights of Others: In using the Services, You must respect the Intellectual Property Rights and other rights of FiftyTwo and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in Your personal liability, including potential criminal liability. FiftyTwo respects the Intellectual Property Rights of others.

    (f) Impermissible Content

    (i) General. FiftyTwo offers coaches, you and other Subscribers of the Service the opportunity to submit Content through the Services. You may potentially be able to submit Your Content through Your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact Us tools, email, and other communications functionality. The limited license granted to You under these Terms and any authorization to access and use the Services may be automatically revoked in the event that You submit impermissible content, share content that violates these Terms or behave in a manner that is not in the best interest of fostering a healthy environment for users of the Services.

    (ii) Impermissible Content and Conduct: You and all users are PROHIBITED from creating, sharing and/or submitting to the Services Content, in any format (posts, comments, likes, through chat features, etc.), that:

    • is illegal or encourages, promotes or incites any illegal activity or is defamatory or libelous;

    • is illegal or encourages, promotes or incites any activity that threatens public safety or personal safety;

    • is itself, or the display, posting or distribution of which, infringes any third party’s Intellectual Property Rights or violates their rights in their personal information (“Privacy Rights”);

    • shows or depicts the image of another person which was created or distributed without first obtaining that person’s express consent;

    Ø reveals another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to identify, track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by FiftyTwo (e.g., an email address to send an email invite to a friend);

    Ø contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person or other similarly inappropriate activity;

    Ø is obscene, pornographic, violent or otherwise may offend human dignity;

    Ø is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;

    Ø relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

    Ø relates to political campaigns (including without limitation promoting a politician, public servant, or law);

    Ø involves the transmission of “junk mail” or “spam”;

    Ø impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);

    Ø is a fake persona or online profile;

    Ø contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt the Services, including any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from or to FiftyTwo or otherwise; or

    Ø may harm the reputation of FiftyTwo or its affiliates, including but not limited to: the uploading, sharing, publication or other distribution of content that is critical of or defamatory to FiftyTwo or its affiliates, and/or advocates for the misuse of the Services or any related service offered through the Services.

    (g) Your Conduct When Using the Services . You and Subscribers of the Services are expected to conduct Yourself and themselves in manner that facilitates healthy relationships, including compliance with the following:

    Ø One Account per User. Each Subscriber is allowed to create and maintain only one Account. Duplicate Accounts are not permitted.

    Ø Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family . If You choose to submit photos to the Services, link to embedded videos, or otherwise include other images of real people, then make sure they are of You or of You and someone You know – and only if You have first obtained their express permission to submit it.

    Ø Act Appropriately and Comply with Law . All of Your activities must be venue appropriate, as determined by Us. Be respectful of others’ opinions and comments so We can continue to build the FiftyTwo community for everyone to enjoy. If You think Your Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Services. Cursing, harassing, stalking, insulting comments, encouraging or

    causing intoxication, personal attacks, gossip, and similar actions are prohibited. Your Content must not stalk, harass, threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or physical handicap. Your Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your Content must not exploit anyone including, in particular, children.

    Do Not Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. The Services may not be used for commercial purposes, including advertising, solicitation, or promoting services or products. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

    Be Honest and Do Not Misrepresent Yourself or Your Content. Do not impersonate any other person, Subscriber, or FiftyTwo, and do not submit Your Content that You believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents Your age, appearance, identity or affiliation with a person or FiftyTwo. Impersonation, fake profiles or misleading details are strictly prohibited. In the event You receive anything in consideration from Us with respect to Your Content (e.g., coupons, sweepstakes entries, etc.), You represent You will include disclosure of the receipt of this consideration clearly and conspicuously as part of Your Content and include any other disclosures We may require.

    Others Can See. We hope that You will use the Services for self-help, to build relationships, find Your special someone and have venue appropriate discussions with Subscribers. However, please remember that the FiftyTwo community is semi-public and Your Content that You submit on the Services may be accessible and viewable by Subscribers. Do not disclose personal information on-line, but if You do, think twice before sharing personally identifying information (e.g., first and last name together, phone number, email address, or other personally identifiable information or contact information) on these semi-public spaces and take care when disclosing this type of information to others in private communications. Under no circumstances may You share on the Services sensitive information that may identify You or any third party, including but not limited to password, address, credit card number, peer-to-peer payment information, or medical information. If You choose to reveal any personal information about Yourself to Subscribers, You do so at Your own risk. We strongly encourage You to use caution in disclosing any personal information online.

    Don’t Damage the Services or Anyone’s Computers or Other Devices. Your Content is prohibited from containing viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Services or any computer or other device, including of our licensors and service providers. You must not develop, support or use software, devices, scripts, robots “bots”, other types of mobile code or any other means or processes (including crawlers, browser plugins, spider, scraper, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind or add-on or other technology) to gather, copy, monitor or distribute Content or scrape or otherwise exfiltrate from the Services, or otherwise copy profiles and/or other data from the Services. You must not develop, frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout).

    Security. You must comply with all security requirements, guidelines, and policies set forth by FiftyTwo, its licensors and its service providers. Do not engage in any activity that interferes with the operation, availability, security, or integrity of the Services or software and systems

    of our licensors and service providers, including but not limited to submission or use of malicious code or routines scripts, robots “bots”, mobile code, unauthorized access, or actions that disrupt operation, availability, security, or integrity of the Services or software and systems of our licensors and service providers. Do not and do not allow any third party to, directly or indirectly (a) reverse engineer, translate, decompile, prepare derivative works of the Services or otherwise attempt to access, imitate, derive or discover the computer code thereof; (b) copy any feature, design or graphic of the Services; (c) circumvent the user authentication or security of the Services or any host, network, or account related thereto; (d) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; (e) scrape or replicate any part of the Services by any means (automated or otherwise); and (f) perform any penetration testing on or with respect to the Services, including use of any tools, code or instruction that may damage, destroy, alter, reveal any portion or expose any vulnerability of the Services.

    (h) Monitoring and Remedies

    (i) Monitoring. We may use a combination of automated systems, user reports and human moderators to monitor the Services and review Content to identify any breaches or violations of, or non-compliance with, these Terms. We reserve the right at Our sole discretion to terminate or suspend any Subscriber, restrict access to the Services, or make use of any operational, technological, legal or other means available to enforce these Terms (including without limitation blocking specific IP addresses).

    (ii) Your Interactions With Other Users; Disputes. You are solely responsible for Your interaction with Subscribers of the Services, whether online or offline. We are not responsible or liable for the conduct or content of any Subscriber, whether online or offline. We reserve the right to monitor or become involved in disputes between You and Subscribers. You can report inappropriate activity or content to Us as described in the next section.

    (iii) Alerting Us of Violations. If You would like to report inappropriate content or conduct including actions of Subscribers or Member Content that violates these Terms, You may report it to Us via email at info@fiftytwo.co. You can also report any abuse or complaint directly from a profile or in chat by clicking the ‘Block & Report’ link. For alleged infringements of Intellectual Property Rights, see Sections G.1.and G.2 “Procedure for Alleging Copyright Infringement” and “Procedure for Alleging Infringement of Other Intellectual Property,” below. IT IS A VIOLATION OF THESE TERMS, AND YOU MUST NOT SUBMIT, FALSE REPORTS OR REPORT MALICIOUS OR BIASED CONDUCT AND/OR CONDUCT, INCLUDING FOR ANY INAPPROPRIATE OR ILLEGITIMATE REASONS.

    (iv) Notification Protocol: If You have recently interacted through the Services with an individual We subsequently banned for fraudulent activity, to the extent required by applicable law, We will use commercially reasonable efforts to notify You within 48 hours, provided You are still a Subscriber. The notification will include: (a) the username or profile identifier of the banned Subscriber; (b) a statement indicating the banned Subscriber may have used a false identity or attempted fraud; (c) a reminder not to send money or share financial information with Subscribers; and (d) a link to resources on avoiding online fraud.

    (v) Violation. If You violate these Terms or if FiftyTwo reasonably believes Your Content or conduct violates these Terms, then We may take any legally available action that We deem appropriate, in Our sole discretion. Our actions can include some or all of the following:

    • Account Suspension or Termination. Temporarily suspend or permanently terminate Your Account, including revoking access to the Services,

    Content Removal. Delete, remove, or restrict access to any of Your Content,

    Warnings and Notices. Issue warnings, cease-and-desist notices, or other communications requiring compliance,

    Access Restrictions. Restrict Your ability to engage with Subscribers, including limiting messaging capabilities or profile visibility,

    Legal Action. Initiate legal proceedings, report unlawful activities to law enforcement, or cooperate with authorities as necessary,

    IP and Device Banning. Block the Your IP address or device from accessing the Services, and/or

    Other Actions. Take any other appropriate action deemed necessary to enforce these Terms and protect the safety and integrity of the Services and its users.

    However, We are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions in a form acceptable to Us. Failure to provide such proof may lead to, among other things, Your Content being removed from the Services.

    (vi) Appeals. If You believe that We have made a mistake in taking action on Your Account or Your Content, You have the option to appeal Our decision by submitting a written appeal within sixty (60) days of receiving notice of the suspension. The appeal should include:

    Full name and registered email address associated with the Account,

    A brief explanation of why You believe the suspension was incorrect or unfair, and

    Any relevant supporting information or evidence.

    (vii) Appeal Review Process. Upon receiving the appeal, We will:

    Review and Investigation. We will review Your Account activity and any relevant violations, assess the submitted explanation and supporting evidence and conduct further investigation, if necessary.

    Decision and Notification. We will notify You of Our final decision within sixty days from the date of appeal submission. Possible outcomes include:

    Reinstatement. If the appeal is successful, Your Account will be restored, and any necessary restrictions may be lifted.

    Upholding the Suspension. If the appeal is denied, the suspension will remain in place, and the decision will be final.

    Modification of Penalty. We may decide to reduce the suspension period or impose alternative restrictions instead of full termination.

    We reserve the right to deny appeals that do not meet the outlined criteria or that involve serious violations of community guidelines, safety policies, or legal requirements. All appeal decisions are final, and no further appeals will be accepted unless otherwise stated by Us.

    (viii) EU Residents. If You reside in the European Union (“EU”), We will notify You when We take action against Your use of the Services or Your Content, unless We determine it is not appropriate for Us to do so (for example, We are not permitted by law enforcement agencies). For users residing in the EU, You have additional rights under the Digital Services Act to: (i) access third party out-of-court dispute settlement processes; (ii) seek remedies from the courts in the EU member state in

    which You live; and (iii) lodge a complaint with Your local EU regulatory authority. For users residing in the UK, You have a right under local law to bring a claim for breach of contract if You believe We have breached these Terms by removing, restricting or limiting access to, or distribution of, Your Content, or suspending or terminating Your Account. For all Subscribers, We may take such action, at any time without liability and without the need to give You prior notice.

    B. COACHES

    1. Coaches are Independent Contractors. The coaches providing coaching services facilitated through the Services are independent contractors and are not employees, agents, or representatives of FiftyTwo. Each coach sets the fees it will charge for its coaching services and operates independently and maintains full control over the methods, techniques, and content of the services they provide. The Services act solely as a facilitator, enabling users to connect with coaches for the purpose of receiving coaching services. FiftyTwo does not supervise, direct, or control the work performed by coaches and does not provide any guarantees regarding the quality, accuracy, or outcomes of their services. As independent contractors, coaches are solely responsible for managing their own schedules, setting their fees, determining their methods of delivery, and complying with any applicable laws, regulations, or licensing requirements related to their profession.

    2. User Responsibility for Coach Selection. The selection of a coach is Your sole responsibility. FiftyTwo does not evaluate, endorse, or verify the qualifications, or expertise of the coaches. Moreover FiftyTwo may or may not, in its sole discretion, conduct background checks of the coaches. You are encouraged to perform Your own due diligence, including reviewing the coach’s profile, credentials, and reviews, before engaging their services. By choosing to work with a coach, You accept full responsibility for their selection and any resulting engagement.

    3. Payment Processing; Prepayment Requirement; Limitation of Responsibility. All fees for coaching sessions made available through the Services must be paid in advance through the App at the time of booking. No coaching session will be confirmed or reserved unless and until full payment has been successfully processed through the App. Payment processing for coaching sessions is provided as a convenience to You and coaches. You authorize FiftyTwo and its payment processors to charge Your designated payment method for all applicable coaching session fees, including any applicable taxes and transaction fees, in accordance with this Agreement. Such payment processing does not create any liability on the part of FiftyTwo for the actions, omissions, or performance of any coach. FiftyTwo does not control and is not responsible for the quality, suitability, legality, or effectiveness of any coaching services, and disclaims all liability arising from or related to such Services. Except as otherwise expressly provided in this Agreement or required by applicable law, FiftyTwo is not responsible for issuing refunds or credits for coaching session fees. Any entitlement to a refund or credit is solely as between You and the applicable coach; provided, however, that FiftyTwo reserves the right (but not the obligation) to issue refunds, credits, or adjustments in its discretion, including in connection with cancellations, disputes, or platform policies. You acknowledge that payment processing is provided solely to facilitate transactions between You and coaches and does not imply any oversight, endorsement, or responsibility by FiftyTwo with respect to the services rendered.

    4. No Endorsement; No Professional Advice; Limitation of Liability for Coaching Services. FiftyTwo does not endorse, recommend, monitor, supervise, or take responsibility for the advice, opinions, or services provided by any coach made available through the Services. The inclusion or availability of any coach on or through the App does not constitute or imply any endorsement, certification, or recommendation by FiftyTwo. Users acknowledge and agree that all interactions, communications, and transactions with coaches are undertaken at their own risk. All coaching services, content, communications, and materials made available through the Services (including any related media, podcasts, or content disseminated through or in connection with the App) are provided for informational and entertainment purposes only and not a substitute for professional expertise, diagnosis, or treatment from a licensed healthcare provider, mental health professional, attorney, or other qualified professional. Nothing in the Services shall be construed as mental health, medical, legal, financial, or other professional advice or services. The Services are not intended to diagnose, treat, cure, or prevent any medical or mental health condition, nor to provide legal or other regulated professional services. You should seek the advice of a qualified professional for any medical, mental health, legal, or other professional concerns, including to obtain any diagnosis or treatment regarding their health, well-being, or personal circumstances. Content

    provided through the Services may not be applicable to Your specific situation and may include topics that are sensitive, personal, or emotionally charged. Any advice, guidance, or services provided by coaches are solely those of the applicable coach and do not reflect the views, opinions, or positions of FiftyTwo. FiftyTwo makes no representations or warranties regarding the accuracy, completeness, effectiveness, or suitability of any coaching services or content and assumes no responsibility or liability for any outcomes, decisions, or actions taken by Users based on or in reliance upon such services or content.

    5. Limitation of Liability. To the fullest extent permitted by law, FiftyTwo shall not be held liable for any claims, losses, damages, injuries, or disputes arising from or related to the coaching services. This includes, but is not limited to, claims related to refunds, professional negligence, misrepresentation, or dissatisfaction with the services rendered. By using the Services, You agree to release FiftyTwo, its affiliates, officers, directors, employees, and agents from any and all liability associated with the actions or omissions of any coach.

    6. User Cancellation; Non-Refundable Fees. You may cancel a scheduled coaching session only through the App and must do so as far in advance of the scheduled coaching session time as reasonably practicable. If You cancel a coaching session less than twenty-four (24) hours prior to the scheduled start time, or fail to cancel through the App, all applicable coaching session fees shall be non-refundable, and You shall remain fully liable for the entire amount of such coaching session fees. For the avoidance of doubt, cancellations submitted through any means other than the App (including email, text message, or direct communication with the coach) shall not be deemed valid cancellations for purposes of this Section. FiftyTwo reserves the right to enforce this policy, including by charging the applicable payment method on file for any unpaid amounts and applying credits, if any, in its sole discretion.

    7. Dispute Resolution. Any disputes, claims, or issues arising from coaching services must be resolved directly between the You and the coach. FiftyTwo is not a party to any agreement between You and coaches and will not mediate or intervene in such disputes.

    8. Acknowledgment. By engaging with a coach through the Services, You acknowledge and agree to the terms outlined above. You accept full responsibility for Your decision to engage with any coach and any actions, activities, results and outcomes resulting from such engagement.

    C. PAYMENT TERMS, TERM AND RENEWAL

    1. Introduction.

    (a) Fees. By using the Services, including any of its subscription plans, and participating in in-App purchases or additional services, You agree to pay the Fees and related charges set forth in the App.

    (b) Changes to Subscription Plan. We reserve the right to modify the features included in each subscription plan at any time. Changes will apply to future billing cycles.

    (c) Free Trials and Promotions. From time to time, We may offer free trials or promotional discounts for paid subscription tiers. If You participate in a free trial, You must cancel before the trial period ends to avoid being charged for the selected subscription tier. Promotional pricing is temporary and will revert to standard pricing after the promotional period ends.

    2. Pricing and Payment

    (a) Notice. Pricing for Subscriptions, as well as any in-App purchases, is displayed clearly at the point of subscription and is subject to applicable taxes.

    (b) Currency. All amounts payable are in United States dollars. When You make a payment in a currency other than US dollars, it will be converted to US dollars using the exchange rate on the date We process Your payment. This ensures that the payment aligns with Our pricing, which is set in US dollars.

    (c) Method of Payment. You may make for subscriptions and an In-App Purchase through the following payment methods: (i) making a purchase through the Apple App Store or Google Play Store (“Third Party

    Store”) Payment for coaching services may be made with Your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once You have made a purchase, You authorize Us to charge Your chosen payment method. If payment is not received by Us from Your chosen payment method, You agree to promptly pay all amounts due upon demand by Us

    (d) Dispute Resolution. By making an in-App purchase or purchasing coaching Services, You acknowledge that any disputes or issues must be resolved directly with the third-party provider.

    3. Automatic Renewal

    (a) Automatic Renewal. All paid subscriptions (Regular and Premium) automatically renew at the end of the billing cycle unless canceled before the renewal date. To avoid charges for a new subscription period, You must cancel Your subscription at least seven (7) calendar days prior to the effective date of renewal. You can manage or cancel automatic renewal in Your Account settings. Deleting Your Account or deleting the application from Your device does not cancel Your subscription. You will be given notice of changes in the fees and/or pricing of the Services to which You have subscribed and an opportunity to cancel. If We change fees and/or prices and You do not cancel Your subscription, You agree that You will be charged at Our then-current pricing for the subscription.

    (b) Fees for Renewal Subscriptions. Renewal charges will be processed using the payment method on file, and the applicable fees will be based on the subscription plan in effect at the time of renewal. You authorize recurring charges for renewals until canceled by You.

    4. Termination and Non-Payment

    (a) Failure of Payment/Violation of Terms. We reserve the right to terminate Your subscription for violations of Our Terms or for non-payment of fees.

    5. Payment Disputes

    If You believe a charge is incorrect, You must notify Us within 30 days of the transaction date. Disputes can be raised via customer support at info@fiftytwo.co.

    6. Taxes

    Payments do not include any Sales Tax that may be due in connection with the Services provided under these Terms. If We determine that We have a legal obligation to collect a Sales Tax from You in connection with the Services, We will collect such Sales Tax in addition to the payments required under these Terms. If any Services, or payments for any Services, under these Terms are subject to any Sales Tax in any jurisdiction and You have not remitted the applicable Sales Tax to Us, You will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and authorize Us to collect such amounts using Your Payment Method. As used herein, “Sales Tax” means any sales, use tax, value added and any other tax measured by sales proceeds that is the functional equivalent of a sales tax.

    7. Changes to Payment Terms

    We may update payment terms at any time. Changes will be communicated in advance and will only apply to future subscriptions, purchases or renewals.

    8. Contact Us

    For questions or concerns about these payment terms, please contact Us at info@fiftytwo.co.

    D. RIGHTS AND RESPONSIBILITIES

    1. Your Content. All of Your Content must comply with these Terms, including Sections A.2.(e) (“Ownership, License and Rights of Others”), A.2.(f) (“Impermissible Content”) and A.2.(g) (“Your Conduct When Using the Services’). Without limiting the foregoing, Your Content should not contain any visible logos, phrases, or trademarks that belong to third parties.

    2. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

    Background Checks. FIFTYTWO DOES NOT CONDUCT BACKGROUND CHECKS, INCLUDING CRIMINAL BACKGROUND CHECKS ON ITS SUBSCRIBERS OR OTHER USERS. FIFTYTWO DOES NOT CONDUCT IDENTITY VERIFICATION CHECKS ON ITS SUBSCRIBERS OR OTHER USERS. Though FiftyTwo strives to encourage a respectful user experience, it is not responsible for the conduct of any Subscriber on or off the Service. Use Your best judgment when interacting with others.

    NO REPRESENTATIONS OR WARRANTIES. FIFTYTWO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. FIFTYTWO DOES NOT GUARANTEE OR MAKE ANY COMMITMENT THAT THE SERVICES WILL PRODUCE ANY RESULTS OR OUTCOMES. . FIFTYTWO RESERVES THE RIGHT TO CONDUCT - AND YOU AUTHORIZE FIFTYTWO TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF FIFTYTWO DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE FIFTYTWO TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

    Your Responsibility. You are solely responsible for Your interactions with Subscribers. Sex offender screenings (if any conducted in Our discretion) and other tools do not guarantee Your safety and are not a substitute for following the safety advice and other sensible safety precautions. Always use Your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the Services, including automatic notifications sent by FiftyTwo, may result from users engaging with the Service for improper purposes, including fraud, abuse, harassment, or other such improper behavior. Though FiftyTwo strives to encourage a respectful user experience, it is not responsible for the conduct of any Subscriber on or off the Service. You agree to use caution in all interactions with Subscribers, particularly if You decide to communicate off the Service or meet in person.

    3. Non-Confidentiality of Your Content.

    Except as otherwise described in Our Privacy Policy, set forth in Exhibit 1 hereto. You agree that, notwithstanding Your retained ownership interests (a) Your Content will be treated as non-confidential and non-proprietary by Us - regardless of whether You mark them “confidential,” “proprietary,” or the like - and will not be returned, and (b) as permitted by applicable law, or as explicitly stated in Our Privacy Policy, set forth in Exhibit 1 hereto, or applicable additional terms, FiftyTwo does not assume any obligation of any kind to You or any third party with respect to Your Content.

    4. FiftyTwo’s Exclusive Right to Manage Our Services.

    FiftyTwo may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of Your Content, and FiftyTwo may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Your Content without notice or any liability to You or any third party in connection with Our operation of the Services, such as to enhance accessibility of Your Content, address Intellectual Property Rights infringement, violation of Privacy Rights and protect Users from Your Content that is harmful. Without limitation, We may, but do not commit to, do so to address content that comes to Our attention that We believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable additional terms. Your Content need not be maintained on the Services by Us for any period of time and, as permitted by applicable law and subject to the explicit terms of Our Privacy Policy set forth in Exhibit 1 hereto. You will not have the right, once submitted, to access, archive, maintain, or otherwise use such Your Content on the Services or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Services prospectively removed from public display.

    5. Enforcement.

    FiftyTwo has no obligation to monitor or enforce Your Intellectual Property Rights, if any, to Your Content, but You grant Us the right to protect and enforce Our rights to Your Content, including by bringing and controlling actions in Your name and on Your behalf (at Your cost and expense, to which You hereby consent and irrevocably appoint FiftyTwo as Your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

    E. THIRD PARTY SERVICES AND TERMS; ADVERTISEMENTS

    1. Third-Party Content and Sites; Advertisements

    (a) Third Party Sites and Content. The Services may contain or may interact with or otherwise be associated with third party programs, platforms, hosting services, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by FiftyTwo (collectively, "Third-Party Services"), including services operated by advertisers, licensors, licensees, e-commerce partners and certain other third parties who may have business relationships with FiftyTwo. This may include the ability to register or sign in to Our Services using Facebook Connect or other third party tools, and to post content on third party sites and services using their plug-ins made available on Our Services. We may also host Content, Apps and tools on Third-Party Services. FiftyTwo may have no control over the content, operations, policies, terms, or other elements of Third-Party Services, and FiftyTwo does not assume any obligation to review or approve any Third-Party Services or their terms of use. FiftyTwo does not necessarily endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, FiftyTwo is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by or at such Third-Party Services. Some Third-Party Services may impose fees for access to or use of their resources or other services through the Services and/or Your Account and You are responsible for all such fees. Finally, as permitted by applicable law, We will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other Intellectual Property Rights, caused by the display, exhibition, distribution or exploitation of any information or content contained within these Third-Party Services. Any activities You engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Services. FiftyTwo disclaims all liability in connection therewith, as permitted by applicable law.

    (b) Dealings With Third Parties and Accessing Third Party Sites. Any interactions, correspondence, transactions, and other dealings that You have with any third parties found on or through the Services (including on or via Third Party-Services or advertisements) are solely between You and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). By logging into or enabling Third Party-Services within or in connection with Your Account, You are allowing Us to pass Your log-in and other information to these providers for this purpose. For more information about the implications of activating these Third Party-Services and Our Use, storage and disclosure of information related to You and Your Use of such services within Our Services (including Your friend lists and the like), please see Our Privacy Policy, set forth in Exhibit 1 hereto. Except as prohibited by applicable law, You hereby agree to indemnify FiftyTwo against all claims, injury and/or damages including, without limitation, attorneys’ fees, that arise out of Your use of any Third Party-Services, including without limitation from any material that You post on any forum or social networking site and/or any other claim related to Your Use of social media.

    2. Third Party Service Terms. As a condition to Your use of the Services, You will be required to adhere to terms and conditions imposed by providers of Third Party Services. To the extent any Third Party Service features are provided, We will make commercially reasonable efforts to communicate any policies, requirements, or guidelines of those third parties to You, however in all cases You are responsible to determine what Third Party Services’ terms are applicable to Your use of the Services and to review such terms and conditions and ensure You accept them prior to using the Services. By using any of these features of Third Party Services, you agree that We may transfer Your Content and information to the applicable Third Party Service to the extent necessary for Us to perform and provide the Services. We do not control and, to the fullest extent permitted by law, We are not responsible for any Third Party Service; its content or its use of Your Content or information. The following is non-exclusive list of certain Third Party Services terms:

    (a) Resend and Google Analytics. The following applies to the use of Resend as a Third Party Service to facilitate and provide e-mail and related communication capabilities used in the Services. Resend utilizes Google Analytics and the following is applicable with respect to Resend and Google Analytics:

    “Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service [the Resend service]. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.”

    (b) OneSignal. The following applies to the use of OneSignal as a Third Party Service to facilitate and provide push-notification and related capabilities used in the Services:

    “You acknowledges and agrees that the OneSignal enables FiftyTwo to collect certain information from You and other Subscribers as an end users (“End Users”) (collectively, “SDK Information”), which generally helps provide functionality to target and personalize the notifications they send to End Users. This data collected includes: End Users’ mobile advertising identifiers, such as Apple IDFAs and Android Advertising identifiers; End Users’ email addresses End Users’ IP address, device push token, precise location (e.g., GPS-level) data, network information, language, time zone, product preferences, and privacy preferences. You grant OneSignal a worldwide license to access and use SDK Information for the purpose of providing the Services in accordance with these terms and to make data available to third parties as necessary to provide capabilities of the OneSignal service.”

    (c) RevenueCat. The following applies to the use of RevenueCat as a Third Party Service to facilitate and provide payment processing and related capabilities used in the Services:

    “User acknowledges and agrees that User’s personally identifiable information will be provided by FiftyTwo to Revenue Cat and Stripe Inc. and processed by RevenueCat and Stripe to facilitate the payment of fees and other amounts to be paid by you for the Services.”

    “Notwithstanding anything to the contrary in these Terms or any other agreement, RevenueCat shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Your Content and data and data derived therefrom), and RevenueCat will be free (during and after the Services term) to (i) use such information and data to improve and enhance the RevenueCat services and for other development, diagnostic and corrective purposes in connection with the RevenueCat services and other RevenueCat offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with RevenueCat’s business. No rights or licenses are granted except as expressly set forth herein.”

    1. License. Except as prohibited by applicable law, You hereby grant FiftyTwo an irrevocable, royalty free, perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that You post to any social networking site or other Third-Party Services in connection with Us or Our Services.

    F. WIRELESS, MESSAGING FEATURES AND PUSH NOTIFICATIONS

    1. Wireless Features. The Services may offer certain features and services via Your wireless and other devices. Features and services may include the ability to access the Services’ features, upload content to the Services, receive messages (including advertisements) from the Services or third parties, and download applications to Your wireless and other devices (collectively, “Wireless Features”). You agree to receive communications We may send through Wireless Features for which You are registered. Further, We may collect information related to Your use of the Wireless Features. You agree to notify FiftyTwo of any changes to Your wireless contact information (including phone number) and update Your Accounts on the Services to reflect the changes. If the Services includes push notifications or other mobile communication capability, You hereby approve Our delivery

    of electronic communications directly to Your device. These notifications, including badge, alert or pop-up messages, may be delivered to Your device even when the Services is running in the background. You may have the ability, and it is Your responsibility, to adjust the notifications You do, or do not, receive via Your device through Your device and/or App settings. Standard message, data and other fees may be charged by Your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which You are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless device. Contact Your carrier with questions regarding these issues.

    1. Push Notifications. We may provide You with emails, text messages, push notifications, alerts and other messages related to the Services, such as enhancements, offers, products, events, and other promotions. After downloading the App and/or using the Services, You will be asked to accept or deny push notifications/alerts. If You deny, You will not receive any push notifications/alerts. If You accept, push notifications/alerts will be automatically sent to You. If You no longer wish to receive push notifications/alerts from the Services, You may opt out by changing Your notification settings on Your device. With respect to other types of messaging or communications, such as emails, text messages, etc., You can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing Us with Your request at info@fiftytwo.co.

    2. Geo-Location. The Services may allow access to or make available opportunities for You to view certain content and receive other products, services and/or other materials based on Your location. To make these opportunities available to You, the Services will determine Your location using one or more reference points, such as GPS, Bluetooth and/or software within Your mobile device. If You have set Your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the Services to access Your location data, You will not be able to access such location-specific content, products, services and materials. For more about how the Services uses and retains Your information, please read the Privacy Policy set forth in Exhibit 1 hereto.

    G. INFRINGEMENT, DISPUTE TERMS and LIABILITY

    1. Procedure for Alleging Copyright Infringement

    (a) DMCA Notice. FiftyTwo requires You and all Subscribers to respect the Intellectual Property Rights of others. It is Our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In FiftyTwo’s sole discretion, FiftyTwo may remove content that may be infringing on another person’s Intellectual Property Rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, FiftyTwo has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

    (b) DMCA Notice Response. If We remove or disable access in response to a DMCA Copyright Infringement Notice, We will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If You own a copyright in a work (or represent such a copyright owner) and believe that Your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Services, then You may send Us a written notice that includes all of the following:

    • a legend or subject line that says: “DMCA Copyright Infringement Notice”;
    • a description of the copyrighted work that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    • a description of where the material that You claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit Us to locate the material (please include the full URL of the page(s) on the Services on which the material appears);
    • Your full name, address, telephone number, and email address;

    a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the copyright owner (or, if You are not the copyright owner, then Your statement must indicate that You are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

    Your electronic or physical signature.

    (c) Notices. FiftyTwo will only respond to DMCA Notices that it receives by mail or email at the addresses below:

    By Mail: FiftyTwo, Inc. 16 Middle Neck Road Suite 252 Great Neck, NY 11021 By Email: info@fiftytwo.co

    (d) What We May Do. It is often difficult to determine if Your copyright has been infringed. FiftyTwo may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and FiftyTwo may elect to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that You provide in Your notice to the person who provided the allegedly infringing work. That person may elect to send Us a DMCA Counter-Notification. Without limiting FiftyTwo’s other rights, FiftyTwo may, in appropriate circumstances, terminate a repeat infringer’s access to the Services and any other website owned or operated by FiftyTwo.

    (e) Counter-Notification. If access on the Services to Your Content is disabled or is removed as a result of a DMCA Copyright Infringement Notice, and if You believe that the disabled access or removal is the result of mistake or misidentification, then You may send Us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

    a legend or subject line that says: “DMCA Counter-Notification”,

    a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled),

    a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled,

    Your full name, address, telephone number, email address, and the username of Your Account,

    a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Eastern District of New York), and that You will accept service of process from the person who provided DMCA notification to Us or an agent of such person, and

    Your electronic or physical signature.

    (f) Receipt of Counter-Notification. If We receive a DMCA Counter-Notification, then We may replace the material that We removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, We will not do this if We first receive notice at the addresses above that the party who sent Us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that We may forward the Counter-Notification to the party who sent Us the DMCA Copyright Infringement Notice.

    2. Procedure for Alleging Infringement of Other Intellectual Property

    (a) Infringement of Your Intellectual Property. If You own intellectual property other than copyrights and believe that Your intellectual property has been infringed by an improper posting or distribution of it via the Services, then You may send Us a written notice to the addresses set forth above that includes all of the following:

    • a legend or subject line that says: “Intellectual Property Infringement Notice”;
    • a description of the intellectual property that You claim has been infringed;
    • a description of where the material that You claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit Us to locate the material (please include the URL of the Services on which the material appears);
    • Your full name, address, telephone number, and email address;
    • a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
    • a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the owner of the intellectual property at issue (or, if You are not the owner, then Your statement must indicate that You are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
    • Your electronic or physical signature.

    (b) What We May Do. We will act on such notices in Our sole discretion, as permitted by applicable law. Any Subscriber of the Services that fails to respond satisfactorily to FiftyTwo with regard to any such notice may be subject to suspension or termination. We may send the information that You provide in Your notice to the person who provided the allegedly infringing material.

    3. Your Indemnity of Us

    All actions You make and information You transmit or post on the Services remains Your responsibility. As permitted by applicable law, You agree to, and You hereby, defend (if We request), indemnify, and hold FiftyTwo and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members, managers, shareholders, agents, Third Party Service Providers, vendors, licensors, licensees, contractors, customers, successors, and assigns (a “FiftyTwo Party” and collectively, the “FiftyTwo Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any FiftyTwo Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (a) Your Content; (b) Your use of or inability to use the Services and/or any Third Party Service and Your activities in connection with the Services or any Third Party Service; (c) Your breach or alleged breach of these Terms, the terms governing any Third Party Service or any applicable additional terms; (d) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any

    governmental or quasi-governmental authorities in connection with Your use of the Services, any Third Party Service or Your activities in connection with the Services or Third Party Service; (e) information or material transmitted to the Services (including through Your device), even if not submitted by You, that infringes, violates, or misappropriates any Intellectual Property Right or violates the Privacy Rights of any person or entity; (f) any misrepresentation made by You; (g) any negligent acts, omissions or willful misconduct by You; and (h) FiftyTwo Parties’ use of the information that You submit to Us (including Your Content) subject to Our Privacy Policy set forth in Exhibit 1 hereto, and applicable additional terms (“Claims and Losses”). You will cooperate as fully required by FiftyTwo Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, FiftyTwo Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. FiftyTwo Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a FiftyTwo Party. This section is not intended to limit any causes of action against Us that You may have that are not waivable under applicable law.

    1. Dispute Resolution

    (a) Your Rights. Please read this section carefully as it applies to You to the extent Your usual place of residence permits binding arbitration in contracts between parties and may affect rights that You may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.

    (b) Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, Your use of the Services, and Your relationship with Us. Any dispute or claim arising out of or relating to these Terms or use of the Services and Your relationship with FiftyTwo or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.

    (c) Arbitration Procedures

    (i) Informal Dispute Procedures. For all disputes, whether pursued in court or arbitration, You must first send a letter (by first class or registered mail) with a written description of Your claim to Our Legal department Attn: Legal Dept., at 16 Middle Neck Road, Suite 252, Great Neck, New York 11021 [to allow Us an opportunity to resolve the dispute. You and FiftyTwo each agree to negotiate Your claim in good faith. Both You and FiftyTwo agree that the dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. You may request arbitration if Your claim or dispute cannot be resolved within 90 days.

    (ii) Arbitration. To the extent You cannot resolve any dispute through the informal dispute resolution procedure described above, a dispute shall be resolved through binding individual arbitration. You agree that the arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at (800) 778-7879. You and FiftyTwo agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the jurisdiction in which FiftyTwo has its principal place of business or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy Your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any

    arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

    (iii) Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by AAA Rules. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, except for claims determined to be frivolous, bad faith or with an improper purpose, We agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

    (iv) CLASS ACTION WAIVER AND JURY WAIVER. You and We each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court determines in an action between You and Us that this class action waiver is unenforceable, the arbitration agreement will be void as to You. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

    5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    AS PERMITTED BY APPLICABLE LAW, THE SERVICE AND EACH THIRD PARTY SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND YOUR ACCESS TO AND USE OF THE SERVICE AND EACH THIRD PARTY SERVICE IS AT YOUR SOLE RISK. Therefore, to the fullest extent permissible by applicable law, each FiftyTwo Party and the FiftyTwo Parties hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, the Services (including the Content and Your Content) or any Third Party Service.

    Each FiftyTwo Party and the FiftyTwo Parties make no warranty that the App or any other application used in connection with the Services will be compatible with other third party application or software nor does any FiftyTwo Party warrant that operation of the Services and the associated applications will not damage or disrupt other applications, software or hardware. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Services and You will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold You the device for any issues related to the device and its compatibility with the Services and/or FiftyTwo applications.

    EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A FIFTYTWO PARTY, AS PERMITTED BY APPLICABLE LAW, EACH FIFTYTWO PARTY AND THE FIFTYTWO PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

    6. LIMITATIONS OF OUR LIABILITY

    (a) EXCLUSION OF LIABILITY. UNLESS EXPRESSLY PRECLUDED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY FIFTYTWO PARTY OR THE FIFTYTWO PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES, FOR ANY INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO THE SERVICES OR ANY THIRD PARTY SERVICES (INCLUDING THE CONTENT AND YOUR CONTENT), INCLUDING WITHOUT LIMITATION:

    Your use of or inability to use the Services any Third Party Service, or the performance of the Services or any Third Party Service;

    any action taken in connection with an investigation by FiftyTwo Parties or law enforcement authorities regarding Your access to or use of the Services or any Third Party Service;

    any action taken in connection with copyright or other intellectual property owners or other rights owners;

    any errors or omissions in the Service’s or any Third Party Service’s technical operation or security or any compromise or loss of Your Content or other data or information; or

    any damage to any Your or any Subscriber’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

    (b) As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if FiftyTwo Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether You bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, Force Majeure Event, telecommunications failure, or destruction of the Services).

    (c) LIMITATION OF LIABILITY. IN NO EVENT WILL ANY FIFTYTWO PARTY OR THE FIFTYTWO PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES, THIRD PARTY SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID FIFTYTWO IN CONNECTION WITH THE SERVICES THAT UNDERLIE THE CLAIM(S) FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH LIMITATION TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY FIFTYTWO OR A MANUFACTURER OF A PHYSICAL PRODUCT.

    (d) EXCEPTIONS. NOTWITHSTANDING THE FOREGOING, SECTION 5 (“DISCLAIMER OF REPRESENTATIONS AND WARRANTIES”) AND THIS SECTION 6 (LIMITATIONS OF OUR LIABILITY) DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY FIFTYTWO PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY FIFTYTWO PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) FIFTYTWO PARTIES’ LIABILITY FOR PHYSICAL INJURY TO YOU CAUSED BY FIFTYTWO PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST FIFTYTWO PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

    1. RELEASE AND WAIVER OF CERTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF

    (a) RELEASE. YOU AGREE TO, AND HEREBY DO, RELEASE EACH FIFTYTWO PARTY, THE FIFTYTWO PARTIES AND ITS AND THEIR SUCCESSORS FROM ANY CLAIMS, DEMANDS, LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE, THAT EITHER DIRECTLY OR INDIRECTLY ARISES FROM YOUR INTERACTIONS WITH OR CONDUCT OF OTHER USERS OF THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” THE FOREGOING RELEASE DOES NOT APPLY TO ANY CLAIMS, DEMANDS, OR ANY LOSSES, DAMAGES, RIGHTS AND ACTIONS OF ANY KIND, INCLUDING PERSONAL

    INJURIES, DEATH OR PROPERTY DAMAGE FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY US OR FOR SUCH PARTY’S FRAUD, DECEPTION, FALSE, PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH THE SERVICES.

    (b) WAIVER OF CERTAIN INJUNCTIVE RELIEF. AS EXPRESSLY PRECLUDED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY THIRD PARTY SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, YOUR CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY FIFTYTWO (INCLUDING YOUR CONTENT) OR ANY OTHER FIFTYTWO PARTY. HOWEVER, SUCH SHALL NOT LIMIT YOUR ABILITY TO SEEK OTHER EQUITABLE RELIEF, SUBJECT TO THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS.

    H. STANDARD TERMS AND CONDITIONS

    1. Updates to Terms

    These Terms (or if applicable additional terms), in the form posted at the time of Your use of the Services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICES EVOLVE, THESE TERMS OR ANY APPLICABLE ADDITIONAL TERMS MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, You should review the posted Terms, and any applicable additional terms, each time You use the Services (at least prior to each transaction or submission). Any new Terms or additional terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to You. However, these Terms (and any applicable additional terms) that applied when You previously used the Services will continue to apply to such prior use and any specific term to which We previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to You of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page of the Services and the email You associated with Your Account for notices, all of which You agree are reasonable manners of providing You notice. You can reject any new, revised or additional terms by discontinuing use of the Services.

    2. General Provisions

    (a) FiftyTwo’s Consent or Approval. As to any provision in these Terms, or applicable additional terms, that grants FiftyTwo a right of consent or approval, or permits FiftyTwo to exercise a right in its “sole discretion,” FiftyTwo may exercise that right in its sole and absolute discretion. No FiftyTwo consent or approval may be deemed to have been granted by FiftyTwo without being in writing and signed by an officer of FiftyTwo.

    (b) Governing Law. These Terms and any applicable additional terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute(s) will be resolved in accordance with, the laws of the State of New York without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. However, any question as to whether a Dispute is subject to the binding arbitration agreement for U.S. Users is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code.

    (c) Time By Which Action Can Be Commenced. To the fullest extent allowed by law, You and We agree that if any claim or cause of action arising out of or relating in any way to the Services, these Terms or a Third Party Service

    has a statute of limitations in excess of twelve (12) months, such claim or cause of action must be filed within twelve (12) months after the claim or cause of action accrued or it will be forever barred.

    (d) Exclusive Jurisdiction. To the fullest extent allowed by law, You and We agree to submit to the exclusive jurisdiction of the state or federal courts located in Nassau County, NY, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any claim or cause of action arising out of or relating in any way to the Services, any Third Party Service or these Terms.

    (e) Waiver of Jury Trial. EACH PARTY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.

    (f) Operation of Services; Availability of Products and Services; International Issues. FiftyTwo controls and operates the Services from its U.S. based offices in the U.S.A., and FiftyTwo makes no representation that the Services are appropriate or available for use beyond the U.S.A. If You use the Services from other locations, You are doing so on Your own initiative and are responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in Our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that We provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms, or additional terms, or to any sale of goods carried out as a result of Your use of the Services.

    (g) Force Majeure. We shall not be liable to You for a failure or delay in its performance of any of Our obligations under this Agreement to the extent that such failure or delay is caused by events such as fire, riot, flood, labor disputes, natural disaster, regulatory action, internet or telecommunications failures, terrorist acts, or other causes beyond Our reasonable control (together, "Force Majeure Event").

    (h) Severability; Interpretation. If any provision of these Terms, or any additional terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the additional terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable additional terms (which will remain in full force and effect). To the extent not prohibited by applicable law, You agree to waive, and You hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any applicable additional terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

    (i) Consent to Electronic Contacting and Receiving Electronic Records. When You use the Services, including signing up to receive email or text messages, You consent to receive electronic records from Us and consent to Us contacting You electronically. We will try to promptly respond to all inquiries, but We are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You agree that any time You electronically transact, agree or consent via the Services it is intended to be an electronic signature which binds You as if You had signed on paper. You agree that Your use of the Services, other than to read the Terms (or additional terms) and Privacy Policy set forth in Exhibit 1 hereto, constitutes agreement to the Terms, and any applicable additional terms, then posted without further action by You. In order to withdraw Your consent, update Your contact information, or obtain paper copies of electronic records, You must contact Us at info@fiftytwo.co and stop using the Services. If You withdraw Your consent, You will be removed from any email or text message program. If there is a cost to provide You with paper copies of electronic records, We will disclose that to You prior to sending You paper records. Your consent to receive electronic records applies to Your use of the Services, including any email or text message programs. Your devices must be able to review websites and electronic documents, receive email, or receive text messages to receive electronic records, depending on whether You are using the Services, or subscribing to email or text messages.

    (j) Investigations; Cooperation With Law Enforcement; Termination; Survival. You agree that FiftyTwo shall, as permitted by applicable law, have the right, without limitation and without any obligation, to: (i) investigate any suspected breaches or violations of its Services security or its information technology or other systems or networks, (ii) investigate any suspected breaches or violations of these Terms and any applicable additional terms or any potential harm to Our users or third parties, (iii) use any information obtained by FiftyTwo in accordance with its Privacy Policy set forth in Exhibit 1 hereto, in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by FiftyTwo to comply with law enforcement requests or legal requirements in accordance Our Privacy Policy set forth in Exhibit 1 hereto, (iv) involve and cooperate with law enforcement authorities in connection with any of the foregoing matters, (v) prosecute violators of these Terms and any applicable additional terms, and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any applicable additional terms, suspend or terminate Your access to the Services, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to FiftyTwo under these Terms or any applicable additional terms. Upon suspension or termination of Your access to the Services, or upon notice from FiftyTwo, all rights granted to You under these Terms or any additional terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of these Terms and any applicable additional terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to FiftyTwo in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.

    (k) Assignment. FiftyTwo may assign its rights and obligations under these Terms and any applicable additional terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable additional terms may not be assigned by You, and You may not delegate Your duties under them, without the prior written consent of an officer of FiftyTwo. Any assignment by you in violation of these Terms is null and void.

    (l) Complete Agreement; No Waiver. These Terms, and any applicable additional terms, reflect Our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances or discussion related to the Services. Except as expressly set forth in these Terms or any applicable additional terms, (i) no failure or delay by You or FiftyTwo in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms, or applicable additional terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

    (m) Third Party Beneficiary. Except as expressly provided in these Terms, no person or entity other than the parties hereto shall be deemed to have any rights or remedies hereunder. Notwithstanding the foregoing, the FiftyTwo’s third-party licensors and service providers are intended third-party beneficiaries of these Terms, and shall be entitled to enforce those provisions of these Terms that expressly apply to protect their rights, interests, or services. No other third party shall be deemed a beneficiary of these Terms.

    (n) Devices and Connectivity

    (i) Settings. By using the Services, You agree that FiftyTwo may change, alter, or modify the settings or configurations on Your device in order to allow for or optimize Your use of the Services (e.g., save content, access data, enable services, etc.)

    (ii) Internet Connection. You must be connected to the Internet for the entire time You are using the Services, the cost and provisions of which is Your responsibility. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as Your device, Your location, the bandwidth available through and/or speed of Your Internet connection. FiftyTwo makes no representations or warranties about the quality of Your Services experience on Your device or the ability of any device to access or display the Content. In order to stream or download Content, Your equipment must meet certain system requirements, including but not limited to having high-speed Internet access.

    (o) Contact Us, Legal Notices And Customer Service

    You agree to promptly notify Us if You change Your mobile device number, email or mailing address. All legal notices to Us must be sent to jm@technologypracticegroup.com.

    If You have a question regarding using the Services, You may contact FiftyTwo by sending an email to info@fiftytwo.co. You acknowledge that the provision of customer support is at FiftyTwo’s sole discretion and that We have no obligation to provide You with customer support of any kind.

    If You have questions about these Terms or the Services, You may contact Us at:

    Attention: info@fiftytwo.co

    And by mail at: 16 Middle Neck Road Suite 252 Great Neck, NY 11021

    I. SPECIAL STATE TERMS

    1. For Subscribers in Arizona

    • Notification Protocol. If You have interacted through the Services with an individual We subsequently banned for fraudulent activity, We will notify You within 24 hours. The notification will include: (i) the username or profile identifier of the banned Subscriber; (ii) a statement indicating the banned Subscriber may have used a false identity or attempted fraud; (iii) a reminder not to send money or share financial information with Subscribers; and (iv) a link to resources on avoiding online fraud.
    • Three-Day Cancellation Period. You may rescind the contract within three business days after signing. This period excludes Sundays and federal holidays.
    • Delivery of Contract Copy. Upon execution of this Agreement, We will provide You with a legible copy of all signed documents.

    2. For Subscribers in California

    (a) Three-Day Cancellation Period. In accordance with California Civil Code § 1694.1(a), You have the right to cancel this Agreement until midnight of the third business day after the Agreement is signed.

    (b) Cancellation Process. To effectuate a cancellation, You must provide written notice to Us. This can be done via mail, telegram, personal delivery, or email to the address specified above in Section H.2.(n) (“Contact Us, Legal Notices and Customer Service”). The notice is effective upon proper dispatch.

    (c) Your Rights. You have the right to:

    • Access Your Personal Information: Request details about the personal data collected about You.
    • Request Deletion: Ask for the deletion of Your personal information, subject to certain exceptions.
    • Opt-Out: Decline the sale or sharing of Your personal information.
    • Non-Discrimination: Receive equal service and pricing, even if You exercise Your privacy rights.

    (d) Authorized Agents. You may designate an authorized agent to exercise Your rights on Your behalf.

    3. For Subscribers in Colorado

    (a) Consent to Sexual Conduct. Consent to engage in any form of sexual conduct is required at all times. Everyone using the Services is expected to discuss and respect boundaries. This includes never making assumptions about what someone is comfortable with. Consent can be withdrawn at any time, and sex is never owed to anyone and is against the law and may result in criminal or civil liability the State of Colorado.

    1. For Subscribers in New York State

    (a) Subscription Hold. Upon notice in writing and delivered to: FiftyTwo, Inc., 16 Middle Neck Road, Suite 252, Great Neck, New York 11021. You may place Your subscription on hold for up to one year.

    (b) Privacy. How Your information is used and how You may access Your information is set forth in these Terms and Our Privacy Policy.

    (c) Your Right to Cancel - You may cancel Your Subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date You subscribed. In the event that You die before the end of Your subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are unable to use Our Services) before the end of Your subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability by providing FiftyTwo notice in the same manner as You request a refund as described above in Section H.2.(a) (“Contact Us, Notice and Customer Service”) above.

    J. SPECIAL COUNTRY TERMS

    1. For Subscribers in India

    (a) Amendment of Terms We may update these Terms to reflect legal, operational, or service changes. Material changes (e.g., new data uses) will be notified via email and on the Services’ dashboard 15 days prior, unless immediate action is legally required. Minor changes take effect upon posting]. Continued use post-update signifies acceptance; terminate Your Account if You disagree (per these Terms).

    (b) Third Parties. These Terms do not apply to data collected by third-party sites or services linked from or available through Our Services, which have their own privacy practices.

    (c) General Consent. By using the Service, You consent to the collection and use of Your personal data as outlined, except where explicit consent is required.

    (d) Explicit Consent. Marketing communications require a distinct opt-in checkbox.

    (e) Data Storage and Security

    (i) Location. Personal Data is transferred to Servers located in the United States and by using the Services You hereby consent to such transfer.

    (ii) Retention. Data is retained only as long as necessary for the purposes outlined (e.g., active account duration), or as required by law (e.g., 7 years for tax records under Income Tax Act, 1961).

    (iii) Inactivity. Inactive account data (no login for 12 months) is deleted after 30 days’ notice, unless reactivated.

    (iv) Breach Response. Data breaches affecting Your rights are reported to You and the Data Protection Authority (if established under DPDP Act) within 72 hours, with remedial steps outlined.

    (f) Data Sharing and Disclosure

    2. For Subscribers in in Member States of the EU

    (a) Amendment of Terms We may revise these Terms at Our discretion to reflect legal, operational, or service changes. Material changes (e.g., affecting fees, data processing, or Subscriber obligations) will be notified via email and a prominent notice on the Services’ dashboard at least 30 days before taking effect, unless immediate changes are mandated by EU law, safety concerns, or regulatory orders.

    (b) Termination . Under the Consumer Rights Directive (2011/83/EU), You have 14 days from subscription start to withdraw and receive a full refund, unless You use premium features (e.g., send messages), waiving this right per Article 16(m). To withdraw, email info@fiftytwo.co with “Withdrawal Request” and Your Account ID within 14 days; refunds are processed within 14 days of notice.

    (c) Auto-Renewal . Subscriptions renew automatically unless canceled 48 hours before the billing cycle ends.

    (d) Disputes . We will investigate and respond within 14 days; undisputed amounts remain due pending resolution. Submit issues to [support email] within 14 days, including specifics (e.g., issue date, description). We will acknowledge within 48 hours and resolve within 14 days, or escalate as needed. Unresolved disputes may be submitted to the EU Online Dispute Resolution platform at http://ec.europa.eu/odr .

    3. For Subscribers in the United Kingdom

    (a) Your Right to Cancel . You may cancel Your subscription, without penalty or obligation, at any time prior to midnight of the fourteenth day following the date You subscribed.

    4. For Subscribers in Denmark

    (a) Amendment of Terms . We may amend these Terms at Our discretion. Material changes (e.g., affecting Your rights or obligations) will be notified to You via email or a prominent notice on the Services dashboard at least 30 days before taking effect, unless immediate changes are required by law or to protect users. Non-material changes (e.g., formatting updates) may take effect immediately upon posting.

    (b) Data Breach . If a breach occurs, We will notify affected users and the Danish Data Protection Agency (Datatilsynet) within 72 hours, as required by GDPR Article 33.

    (c) Disputes . We will respond within 7 business days with a resolution or next steps. Unresolved disputes may be escalated to the Danish Consumer Complaints Board (Forbrugerklagenævnet) at https://en.kfst.dk/consumer/advice-and-complaints. EU residents may use the Online Dispute Resolution platform at http://ec.europa.eu/odr .

    ### END OF GENERAL TERMS ###

    EXHIBIT 1

    FiftyTwo, Inc. Privacy Policy

    Effective Date: March 1, 2026 Last Updated: March 1, 2026

    Thank You for joining the FiftyTwo, Inc. (“FiftyTwo,” “We,” “Our,” or “Us”) Community. Your privacy is important to Us. This Privacy Policy explains how Our websites (“Sites”), mobile application (“App”), and Your access to and use of features, widgets, plug-ins, applications, content, downloads, coaching services and/or other services that We own and/or control and/or make available, and/or where a link to this Privacy Policy or the Terms is provided (collectively, the “Services”) collect, use, store, share and safeguard Your personal information.

    This Privacy Policy complies with the General Data Protection Regulation (GDPR), India’s Digital Personal Data Protection Act (DPDPA), California Consumer Privacy Act (CCPA), Colorado Privacy Act (CPA), New York SHIELD Act, Denmark’s Data Protection Act, Israel’s Privacy Protection Regulations, and other applicable privacy laws in the United States, India, Denmark, and Israel.

    1. Information We Collect and Why

    We collect the following types of information to provide, enhance, and secure the Services:

    1.1 Personal Information

    Personal Information is collected to create and manage Your Account, personalize matches, and facilitate communication. We collect Your:

    • Name
    • Email address
    • Phone number
    • Date of birth
    • Gender
    • Location data (optional)
    • Photos and profile information
    • Payment details (if applicable)
    • Employment information (optional, for profile enhancement)
    • Education details (optional, for profile enhancement)

    1.2 Sensitive Data

    We value Your privacy and are committed to protecting Your personal information. As part of Our commitment, FiftyTwo does not request, collect, or store sensitive personal information from Subscribers. This includes but is not limited to:

    • Social Security numbers
    • Government-issued identification numbers
    • Financial account details
    • Health or medical records
    • Biometric data
    • Religious beliefs
    • Political affiliations
    • Sexual orientation (beyond Subscriber-selected profile preferences)
    • Race or ethnic background

    You are advised not to share sensitive information on Your profile, in messages, or in any other interactions within the App or using the Services. The App is designed to facilitate healthy relationships while prioritizing Subscriber safety and privacy. If You encounter any request for sensitive information, please report it to Our support team immediately.

    1.3 Automatically Collected Data

    The following data may be collected automatically when You access the Services:

    • IP address
    • Device information
    • Browser type
    • Cookies and tracking technologies (Cookie Policy set forth in Exhibit 2 to this Agreement)
    • Geo-location data (if permitted by the Subscriber)
    • Audio recordings (if voice-based features are used)

    1.4 When You Contact Customer Support

    When You contact Our Customer Support team via Our Feedback Page, We will collect Your email address, track Your IP address, and retain the details of Your inquiry. This helps Us resolve issues efficiently and enhance customer service. We maintain records of all communications, including complaints submitted by or against Subscribers, for a maximum of six years after account deletion or such longer period required by applicable law. This retention period is in line with Our legal compliance requirements and fraud prevention efforts.

    1.5 Device and Photos Information

    We may collect information about Your device when You use the App, including the unique device identifier, device model, and operating system, for purposes such as troubleshooting, fraud prevention, security enhancements, and improving Subscriber experience. If You grant permission, the App may access Your device’s address book solely to facilitate the addition of contacts to Your account. Photo verification may also be requested to confirm identity and prevent fraudulent accounts. If You opt for photo verification, the Services may use facial recognition technology to compare Your submitted photo with Your profile picture to confirm identity. We may also collect metadata related to Your uploaded photos, including engagement patterns, lighting conditions, and clarity, to optimize the presentation of Your profile pictures. This feature is designed to enhance Subscriber interactions and can be disabled at any time through the App’s settings.

    1.6 Verification

    For safety, security, and to provide the best possible Subscriber experience, We require Subscribers to verify their accounts. This may include verification through phone number authentication and, in some instances, photo verification. This helps prevent fake profiles and ensures a safer environment. Verification photos are not displayed on profiles and are retained for fraud prevention and record-keeping purposes. These verification scans are securely stored and deleted after three years or when no longer required for security purposes or to comply with applicable law.

    1.7 Links

    We may track how You interact with links available when using the Services, including third-party services, by redirecting clicks or utilizing tracking mechanisms. This allows Us to generate aggregate statistics, such as how often a particular link is clicked.

    1.8 Messages

    To enhance Subscriber experience and improve the Services, We may analyze trends, sentiments, and topics in messages sent within the App. Before conducting this analysis, We take steps to remove personally identifying information. We do not share the content of Subscriber messages or insights derived from them with any third parties. Our analysis remains internal to improve safety, content moderation, and Subscriber experience in compliance with applicable privacy laws.

    1.9 User Contributions and Surveys

    From time to time, We may conduct surveys and may reach out to Subscribers to participate in research studies or provide feedback, testimonials, or marketing contributions. If You find a successful match through the Services, We may ask if You’d like to be featured in marketing campaigns. Participation in these activities is entirely voluntary, and Subscribers may opt out by contacting Our Customer Support Team through Our Feedback Page.

    1.10 Cookies and Similar Technologies

    1.10.1 Collection.

    When You access the Services and/or use Our App, We may collect personal data automatically through cookies or similar tracking technologies. A cookie is a small file stored on Your device or browser that allows Us to recognize and remember You.

    1.10.2 Cookie Policy.

    We use cookies and similar tracking technologies to enhance Your experience, improve security, and analyze platform usage. Our cookies fall into the following categories:

    • Essential Cookies: Necessary for the operation of the Services, enabling core functionality such as security, authentication, and accessibility.
    • Performance Cookies: Help Us understand how Subscribers interact with the Service to improve performance and optimize Subscriber experience.
    • Functionality Cookies: Allow Us to remember Your preferences and provide personalized content.
    • Advertising Cookies: Used to deliver relevant advertisements and track ad performance.
    • Analytical Cookies: Assist in analyzing traffic patterns and Subscriber behavior to enhance Service functionality.

    1.10.3 Managing Cookies:

    Users can manage their cookie preferences through browser settings. Most browsers allow You to block or delete cookies. However, restricting cookies may impact the functionality of the Services. Additionally, You can opt out of targeted advertising by visiting the Digital Advertising Alliance’s (DAA) opt-out page or the Network Advertising Initiative (NAI) opt-out page.

    For more details on Our cookie usage and how You can manage them, please refer to Our Cookie Policy (Cookie Policy set forth in Exhibit 2 to the Agreement).

    1.11 Retention

    We retain Your personal data as long as necessary for the purposes stated in this policy. Security measures include encryption, firewalls, and access controls to protect Your data. For Subscribers in India, We comply with DPDPA requirements regarding secure processing, retention, and disposal of personal data.

    2. How We Use Your Information

    We use Your information to:

    • Provide, operate, and improve the Services
    • Personalize Your experience
    • Facilitate communication with other Subscribers
    • Enhance security and prevent fraud
    • Process payments (if applicable)
    • Verify authenticity of Subscribers through photographs
    • Conduct research and analytics about Subscriber behavior and interactions with the Services
    • Monitor Subscriber activity for policy violations and compliance with Our Terms
    • Develop new features and improve existing functionalities based on usage patterns
    • Provide customer support and respond to inquiries
    • Comply with legal obligations

    3. How We Share Your Information

    We do not sell Your personal data. However, We may share it with:

    Ø Other Subscribers: Information in Your profile is shared with other Subscribers as per Your settings.

    Ø Service providers and partners: Assisting in service operation, customer support, data analysis, payment processing, fraud prevention, and marketing.

    Ø Legal authorities: If required to comply with legal obligations, enforce terms of service, or protect rights, property, or safety.

    Ø Business transfers: If involved in a merger, acquisition, or asset sale, Your data may be transferred.

    Ø Marketing and analytics services: We may share anonymized data for improving service quality and marketing insights.

    Ø Research partners: We may use aggregated and de-identified data for academic or commercial research purposes.

    For residents of California, Colorado, Denmark, Israel, and other covered jurisdictions, You may request to opt out of certain data-sharing practices per applicable privacy laws.

    4. Moderation:

    We use a combination of automated systems and human moderation to monitor and review accounts (including photos and any other information uploaded onto Subscriber profiles) and messages for content that indicates breaches or violations of Our Terms. If an Account or message meets certain criteria that demonstrate that the Terms are likely to have been breached or violated, the relevant Account may be subject to a warning and/or the Subscriber’s access may be immediately restricted and/or blocked. Affected Subscribers can contact Us to appeal the decision.

    Our moderation practices may include:

    Ø Automated Filtering: Our automated systems scan content for inappropriate material, spam, or violations of Our Terms.

    Ø Manual Review: Human moderation manually reviews flagged or reported content to ensure compliance with Our Terms.

    Ø User Reporting: Users can report inappropriate behavior or content, which We will review.

    Ø Proactive Checks: Intermittent checks on newly uploaded images and profile information help prevent fraudulent activity and inappropriate content.

    Ø Enforcement Actions: Depending on the severity of a violation, enforcement actions may include warnings, content removal, account restrictions, suspensions, or permanent bans.

    Ø Appeals Process: Users who believe their account was unfairly restricted or removed can appeal the decision by contacting Customer Support at info@fiftytwo.co.

    If You post anything that is inconsistent with Our Terms, We reserve the right to terminate or restrict access to Your Account.

    5. Legal Basis for Processing

    Our goal is to provide meaningful and systems for the development of healthy relationships.

    5.1 United States

    We collect and process Your personal information based on Your consent, Our legitimate business interests, contractual necessity, and compliance with legal obligations. By using the Services, You consent to the collection, use, and sharing of Your information to enhance Subscriber experience, and ensure security of the Services. We process data to fulfill our contractual obligations, prevent fraud, and comply with applicable U.S. laws, including the California Consumer Privacy Act (CCPA) and other relevant regulations. You have the right to manage Your privacy preferences and request access, modification, or deletion of Your data as permitted by law.

    5.2 European Union

    We process Your personal information in accordance with the General Data Protection Regulation (GDPR) based on one or more legal grounds: Your consent (e.g., when You create a profile or share preferences), contractual necessity (to provide Our matchmaking services), legitimate interests (such as improving our platform and ensuring security), and legal compliance (to meet regulatory obligations). You have rights under GDPR, including access, rectification, deletion, and objection to certain processing. You may withdraw consent at any time without affecting the lawfulness of prior processing.

    5.3 India - DPDPA Compliance

    We process Your personal information in compliance with applicable Indian laws, including the Digital Personal Data Protection Act, 2023 (DPDP Act). Our legal basis includes Your consent (when you create a profile and share information), contractual necessity, legitimate business interests (such as improving platform security and Subscriber experience), and legal compliance (to fulfill regulatory obligations). You have rights under Indian law, including access, correction, and withdrawal of consent. By using the Services, You agree to our data processing practices.

    5.4 Denmark and Israel

    Ø For Danish and Israeli Subscribers, processing and transfer of personal data are done in compliance with Denmark’s Data Protection Act and Israel’s Privacy Protection Regulations, ensuring lawful, fair, and transparent data handling practices.

    6. Your Rights Under GDPR, DPDPA, Denmark’s Data Protection Act, Israel’s Privacy Protection Regulations & U.S. State Privacy Laws:

    We recognize Your rights regarding Your personal data and are committed to ensuring transparency and compliance with global privacy regulations as set forth below.

    6.1 United States - State Privacy Law Compliance – General

    Ø Right to Know: Understand what personal data is collected and how it is used.

    Ø Right to Access: Request a copy of Your personal data held by Us.

    Ø Right to Opt-Out: Choose to opt out of the sale or sharing of personal data.

    Ø Right to Correction: Request changes to inaccurate or outdated information.

    Ø Right to Deletion: Request the removal of personal data under applicable laws.

    Ø Right to Non-Discrimination: Exercise privacy rights without facing unfair treatment or restrictions on services.

    6.1.1 California (CCPA & CPRA)

    Ø Right to Access: Users can request copies of their data.

    Ø Right to Deletion: Users can request data removal.

    Ø Right to Opt-Out: Users can opt out of the sale of personal data.

    Ø Right to Correct Inaccuracies: Users can request corrections.

    Ø Right to Non-Discrimination: No penalties for exercising privacy rights.

    6.1.2 Colorado (CPA)

    Ø Right to Data Portability: Users can request their data in a structured format.

    Ø Right to Correction and Deletion: Users may correct or delete their data.

    Ø Right to Opt-Out: Users may opt-out of Targeted Advertising and Profiling.

    6.1.3 New York, North Carolina, Illinois, Ohio, Arizona, Connecticut, Iowa, Minnesota, New Jersey, Rhode Island, Wisconsin

    • Right to Know: Users may request details about data collection.
    • Right to Opt-Out: Users may opt-out of Targeted Advertising and Profiling.
    • Right to Restrict Processing: Limit certain uses of personal data.

    6.2 European Economic Area (GDPR Compliance)

    Residents of the EEA have the following rights under the General Data Protection Regulation (GDPR):

    • Right to Access: Request a copy of Your personal data.
    • Right to Access: Request a copy of Your personal data
    • Right to Rectification: Correct inaccurate or incomplete data.
    • Right to Erasure: Request deletion of Your personal data under certain conditions.
    • Right to Restrict Processing: Limit how Your personal data is used.
    • Right to Data Portability: Transfer Your personal data to another service provider.
    • Right to Object: Opt out of certain types of data processing, such as marketing.
    • Right to Withdraw Consent: Revoke consent for processing personal data at any time.

    6.3 Denmark (Denmark’s Data Protection Act Compliance)

    Residents of Denmark have rights similar to those under GDPR, including:

    • Right to Be Informed: Understand how personal data is collected and used.
    • Right to Data Portability: Transfer data between service providers.
    • Right to Lodge a Complaint: File complaints with Denmark’s Data Protection Agency.

    6.4 India (DPDPA Compliance)

    Residents of India are entitled to the following rights under the Digital Personal Data Protection Act (DPDPA):

    • Right to Access: Obtain details of data collected and processed.
    • Right to Correction and Erasure: Request correction or deletion of inaccurate or unnecessary data, subject to legal retention.
    • Right to Consent Management: Withdraw consent for data processing at any time.
    • Right to Grievance Redressal: File complaints regarding misuse or breach of personal data.
    • Restriction: Limit processing if disputed or unlawful.
    • Portability: Receive Your data in a structured, machine-readable format (DPDP Act-specific).
    • Objection: Opt out of marketing or profiling-based processing.
    • Right to Nominate a Representative: Appoint someone to exercise rights in case of incapacity.

    6.5 Israel (Privacy Protection Regulations Compliance)

    Residents of Israel have rights including:

    • Right to Review Information: Request access to personal data held by an organization.
    • Right to Correction: Request rectification of inaccurate personal data.
    • Right to Data Security: Expect appropriate measures for safeguarding personal data.
    • Right to Consent Management: Withdraw consent for data processing at any time.

    6.6 Rights Under Denmark’s Data Protection Act (Danish Residents)

    • Right to Be Informed: Receive details on how Your data is collected, processed, and stored.
    • Right to Data Portability: Obtain a digital copy of Your data and transfer it as needed.

    Ø Right to Lodge a Complaint: Report violations to the Danish Data Protection Agency.

    Ø Right to Automated Decision-Making Protection: Challenge automated decisions made without human oversight that may impact Your rights.

    To exercise any of these rights, please contact Us at info@fiftytwo.com. We will respond to Your request within the timeframes required by applicable laws and regulations.

    7. International & State-Specific Data Transfers .

    As a U.S. based company, We may transfer Your data outside the EEA and India. We ensure appropriate safeguards, such as Standard Contractual Clauses (SCCs) and compliance with DPDPA’s cross-border transfer requirements for data protection. For residents of California, Colorado, and other applicable states, We ensure compliance with state-specific data transfer and retention requirements.

    8. Children’s Privacy

    The Services are intended for individuals 18 and older. We do not knowingly collect data from minors.

    9. Changes to This Policy

    We may update this policy from time to time. We will notify You of significant changes.

    10. Contact Us

    If You have any questions about this Privacy Policy or Your data rights, contact Us at: info@fiftytwo.co .

    ### END OF PRIVACY POLICY

    EXHIBIT 2

    FiftyTwo, Inc. Cookie Policy

    Effective Date: March 1, 2026 Last Updated: March 1, 2026

    Thank You for joining the FiftyTwo, Inc. ("FiftyTwo," "We," "Our," or "Us") Community. We use cookies and similar tracking technologies to enhance Your experience, personalize content, and analyze user traffic. This Cookie Policy explains how We use cookies, Your rights under applicable privacy laws, and how You can manage Your preferences.

    By using our website and mobile application (the "Service"), You agree to Our use of cookies in accordance with this policy.

    1. What Are Cookies?

    Cookies are small text files stored on Your device (computer, tablet, smartphone) when You visit a website or a mobile application. These files help websites and mobile applications remember Your preferences, login details, and browsing activities.

    2. Types of Cookies We Use

    We use the following types of cookies:

    2.1 Essential Cookies (Strictly Necessary). These cookies are required for the Services to function properly and include:

    • Ø Authentication cookies (to keep You logged in)
    • Ø Security cookies (to protect against fraud and unauthorized access)
    • Ø Load-balancing and session management cookies

    2.2 Legal Basis - Essential Cookies.

    • Ø These cookies are necessary for the performance of our contract with You under GDPR (EU, Denmark), Israeli Privacy Laws, and India's IT Rules, 2021.
    • Ø Under U.S. state privacy laws (e.g., California's CCPA/CPRA, New York’s SHIELD Act, and Connecticut Data Privacy Act), these cookies are exempt from consent requirements.

    2.3 Functional Cookies. These cookies enhance Your experience by remembering:

    • Ø Language settings
    • Ø Display preferences
    • Ø Chat history

    2.4 Legal Basis - Functional Cookies.

    • Ø Under EU GDPR, Denmark’s Data Protection Act, Israeli Law, and India's IT Rules, You must opt-in consent if You are a resident in these locations.
    • Ø In California, Colorado, Connecticut, Minnesota, New Jersey, Arizona, and Wisconsin, explicit disclosure and the option to opt out are required if You are a resident in these locations.

    2.5 Performance & Analytics Cookies. These cookies help Us analyze user interactions with the Services, including:

    • Ø Google Analytics

    Hotjar

    Other third-party analytics tools

    2.6 Legal Basis - Performance & Analytics Cookies:

    Residents in the EU GDPR, Denmark, Israel, and India must opt-in consent.

    Residents in California, Colorado, Connecticut, Ohio, and New Jersey can exercise an opt-out option, with a Do Not Sell/Share My Personal Data link for users.

    2.7 Advertising Advertising & Marketing Cookies. These cookies track online behavior to provide personalized ads via:

    Facebook Pixel

    Google Ads

    Other remarketing tool

    2.8 Legal Basis - Advertising & Marketing Cookies

    Residents in the EU GDPR, Denmark, Israel, and India must provide explicit opt-in consent.

    Residents in California (CPRA), New Jersey, Minnesota, Arizona, Connecticut, Ohio, and Colorado may exercise their right to opt-out via a Do Not Sell/Share My Data link

    3. U.S. State-Specific Cookie Law Compliance. We comply with the cookie laws in the following U.S. states:

    3.1 California (CCPA/CPRA)

    Users have the right to opt out of "selling" or "sharing" personal data, using the link on the Services.

    Disclosure of targeted advertising cookies is provided through the Services.

    3.2 New York (SHIELD Act)

    Data collected via cookies are protected using reasonable security measures.

    If the security measures used for Our cookie-based identifiers are compromised, We will give You notice thereof.

    3.3 Colorado (CPA) & Connecticut (CTDPA)

    We provide clear opt-out mechanisms for targeted advertising cookies.

    You have the ability to revoke consent for non-essential cookies.

    3.4 New Jersey, Minnesota, Arizona, Wisconsin, & Ohio

    This policy provides disclosures about how We use cookies.

    You have the right to opt-out of cookies used for analytics and advertising cookies.

    4. How We Obtain Your Consent. We follow regional regulations when obtaining consent:

    EU, Denmark, Israel, and India: We require explicit opt-in consent for non-essential cookies.

    California, Colorado, Connecticut, Ohio, New Jersey, Minnesota, Arizona, and Wisconsin: We provide an opt-out option for advertising and analytics cookies.

    New York (SHIELD Act): No explicit cookie consent required, but data security safeguards are mandated.

    We use a Cookie Banner where required to provide You with control over your cookie preferences.

    5. Managing & Disabling Cookies. You can manage your cookie preferences through:

    Browser Settings – Adjust Your browser settings to block or delete cookies.

    Cookie Consent Manager – Modify Your preferences via Services’ cookie banner.

    Do Not Track (DNT) Signals – We honor DNT signals where required by state laws (e.g., California, Connecticut, and Colorado).

    Opt-Out Links:

    • California Residents: [Do Not Sell or Share My Personal Information]

    • Colorado, Connecticut, Ohio, New Jersey, Minnesota, Arizona, and Wisconsin Residents: [Opt-Out of Targeted Advertising]

    6. Third-Party Cookies

    We allow third-party partners (advertisers, social media networks, analytics providers) to place cookies on Your device. These third parties comply with their respective privacy laws.

    7. Data Sharing Data Sharing & International Transfers

    Your cookie data may be transferred to servers in the U.S., EU, Israel, or India. When transferring data, we ensure compliance with:

    EU GDPR (Standard Contractual Clauses)

    Danish Data Protection Act

    Israeli Privacy Protection Regulations

    Indian IT Rules, 2021

    U.S. State Privacy Laws (California, New York, Colorado, etc.)

    8. Updates to This Cookie Policy

    We may update this policy due to legal changes or modifications in our cookie practices. We will notify You of material changes by posting them on the Services (or in any other reasonable manner of notice which We elect. Continued use of the Services constitutes Your agreement to such updates.

    9. Contact Us

    If You have any questions about our use of cookies, please contact Us:

    Email: info@fiftytwo.co

    Address: 16 Middle Neck Road, Suite 252, Great Neck, New York 11021

    For privacy concerns, please refer to Our Privacy Policy set forth in Exhibit 1 to this Agreement.

    END OF COOKIE POLICY

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