Personal Account Terms of Service

1 Definitions

“Agreement”

these Personal Account Terms of Service, including all incorporated policies.

“Contributed Data”

any information, content, data, files, or materials that you upload, submit, post, or otherwise make available through your personal account, including contact information, partner profiles, program details, and relationship data.

“Corporate Workspace”

a company-administered environment on the Platform that you may join by associating a corporate email address with your personal account.

“CRM Data”

customer relationship management data including contact records, deal pipelines, revenue figures, opportunity data, account information, and customer lists.

“Personal Account”

the account you create using your personal email address, which constitutes your permanent identity on the Platform and persists regardless of corporate affiliations.

“Personal-No-Link-to-Company Data”

Contributed Data that you designate (by default at upload, or by explicit tag) as scoped solely to your Personal Account, excluded from any Corporate Workspace, excluded from Tier 1 and Tier 2 processing, and used only to deliver your individual personalized experience.

“Personalization Learning”

the optional feature by which the Platform uses your activity signals to curate your individual experience, described in Section 6.3.

“Platform AI Features”

AI and machine-learning capabilities integral to the Platform, including data visualization, partner matching, recommendations, presentation generation, and scoring, described in Section 6.2.

“Platform”

the Mobilyze software-as-a-service platform, including all web, mobile, desktop, and API interfaces provided by Mobilyze.

2 Account Creation and Eligibility

2.1 Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into binding agreements in your jurisdiction. By creating an account, you represent and warrant that you meet these eligibility requirements.

2.2 Personal Account as Permanent Identity

Your Personal Account is your permanent identity on the Platform. It is created using your personal email address and is owned by you. Your Personal Account, its activity history, your personal network, reputation data, and career history belong to you and travel with you throughout your career, regardless of any corporate affiliation.

2.3 Account Security

You are responsible for the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Mobilyze promptly of any unauthorized use or security breach. Mobilyze is not liable for any loss arising from your failure to maintain the security of your credentials.

2.4 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep it accurate. Mobilyze may suspend or terminate any account that contains materially inaccurate or fraudulent information.

3 Corporate Association and Disassociation

3.1 Joining a Corporate Workspace

You may associate your Personal Account with one or more Corporate Workspaces by adding and verifying a corporate email address. Upon association, you must accept the Corporate Association Acknowledgment. Your activity within the Corporate Workspace is subject to the Corporate Customer Agreement between the applicable company and Mobilyze.

3.2 Disassociation

When you leave a company or are otherwise disassociated from a Corporate Workspace:

• Your corporate email address is removed from your Personal Account.
• Your access to the Corporate Workspace is revoked.
• All data, records, outputs, and materials created within the Corporate Workspace remain the property of the company and are not accessible through your Personal Account after disassociation.
• Your Personal Account continues uninterrupted under this Agreement. Your personal network, reputation data, career history, and Personalization Learning preferences (if opted in) travel with you.

3.3 Re-association and Data Quarantine on Role Change

When you join a new Corporate Workspace, data from prior unaffiliated periods or prior Corporate Workspaces will not merge into the new Corporate Workspace without the express approval of the new company’s workspace administrator. You are solely responsible for reviewing and clearing any personal-tagged data before any use in a new professional context. This prevents data contamination between corporate environments.

4 User Representations, Warranties, and Upload Authority

4.1 General Representations

You represent and warrant that:

1. You have the legal capacity and authority to enter into this Agreement;
2. Your use of the Platform will comply with all applicable laws, regulations, and third-party agreements binding on you, including your employment agreement, any non-disclosure agreements, and any non-compete or non-solicitation obligations;
3. You will not use the Platform for any unlawful, fraudulent, or harmful purpose.

4.2 Upload Authority — Core Representations

For every item of Contributed Data you upload, post, submit, or otherwise make available on the Platform, you represent and warrant that:

1. Legal right. You have the full legal right, authority, and all necessary permissions, consents, licenses, and corporate authorizations to upload, submit, process, and share such data on the Platform for the purposes described in this Agreement;
2. No confidentiality obligations. Such data is not subject to any confidentiality obligation, non-disclosure agreement (“NDA”), employment duty, fiduciary duty, attorney-client privilege, work-product protection, or restrictive covenant binding on you or any other party, unless you have obtained all necessary authorizations from every party to such obligation;
3. No trade secrets. Such data does not constitute, contain, or incorporate trade secrets or proprietary information of any current or former employer, client, partner, competitor, or other third party, unless you have express, specific, written authorization from the trade-secret owner permitting upload to a third-party SaaS platform. You acknowledge that “trade secrets” includes all forms and types of financial, business, scientific, technical, economic, or engineering information that the owner has taken reasonable measures to keep secret and that derives independent economic value from not being generally known, as defined under the Defend Trade Secrets Act, 18 U.S.C. § 1839(3), and equivalent laws in other jurisdictions;
4. No IP infringement. Such data does not infringe, misappropriate, dilute, or violate any intellectual property right, privacy right, publicity right, moral right, or other proprietary right of any person or entity;
5. Lawful collection. Such data was collected, obtained, and is being processed in compliance with all applicable data protection, privacy, and consumer protection laws, including the GDPR, UK GDPR, CCPA/CPRA, KVKK, LGPD, APPI, PIPL, PIPEDA, and the CAN-SPAM Act;
6. No prohibited categories. Such data does not fall within the categories prohibited under Section 4.5 of this Agreement.

4.3 CRM Connection and Data Upload Authority

If you connect a CRM system, upload a CRM export, or upload contact lists, deal pipeline data, or similar commercial data, you additionally represent and warrant that:

1. Employer authorization. You have received express authorization from your employer or the corporate entity that owns the CRM system to connect it to or upload data from it to the Platform. You have confirmed that such connection does not violate your employer’s IT security policy, acceptable use policy, data governance policy, or any third-party agreement binding on your employer (including vendor agreements with the CRM provider);
2. CRM provider terms. You have reviewed and comply with the terms of service of the applicable CRM provider (including Salesforce, HubSpot, or other provider) with respect to data portability and third-party integration;
3. No employer prohibition. You are not aware of any policy, directive, or instruction from your employer that prohibits the connection or upload you are making;
4. Contact consent. Each individual contact record included in any uploaded CRM data has been collected and is being processed in compliance with applicable data protection law, and you have a valid lawful basis for uploading each such record;
5. Scope limitation. You will upload only the minimum CRM data necessary for the specific Platform feature you are using and will not upload CRM data in bulk for purposes unrelated to your use of the Platform.

4.4 No Unauthorized Confidential Information

You agree not to upload any information subject to third-party confidentiality obligations unless you have obtained all necessary authorizations. Mobilyze:

1. Is not a party to any NDA, confidentiality agreement, or employment agreement between you and any third party;
2. Does not assume any obligations under any such agreement by virtue of receiving Contributed Data;
3. Disclaims any duty of confidentiality to third parties with respect to Contributed Data beyond its obligations to you under this Agreement and the Privacy Policy.

4.5 Prohibited Data Categories

You may not upload the following categories of data unless the applicable Corporate Customer Agreement expressly permits it and you have obtained all legally required authorizations:

1. Customer lists, partner rosters, deal pipelines, commission plans, compensation structures, or CRM exports from any current or former employer, without express written authorization from the owner;
2. Data marked or designated as “Confidential,” “Proprietary,” “Internal Only,” “Attorney-Client Privileged,” “Work Product,” or with substantially similar designations, without express authorization from the owner;
3. Protected health information (“PHI”) subject to HIPAA or equivalent health privacy laws;
4. Financial data subject to the Gramm-Leach-Bliley Act (GLBA) or equivalent financial privacy laws;
5. Criminal justice information subject to CJIS requirements;
6. Data subject to International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR);
7. Special-category personal data under GDPR Article 9 (including data concerning health, biometrics, genetic data, political opinions, religious or philosophical beliefs, trade union membership, sexual orientation, or racial or ethnic origin) without a valid legal basis and explicit consent where required;
8. Payment card data governed by PCI DSS;
9. Social security numbers, government-issued identification numbers, or equivalent national identifiers, except where expressly required for a specific Platform feature and authorized by the applicable Corporate Customer Agreement.

4.6 No Duty to Inspect — Neutral Conduit

Mobilyze does not pre-screen, scan, inspect, index, analyze, or review Contributed Data for compliance with third-party confidentiality, trade-secret, NDA, or employment obligations. Mobilyze acts as a neutral hosting and processing provider with respect to Contributed Data, analogous to consumer cloud storage services. Mobilyze claims the protections of:

• 47 U.S.C. § 230 (Communications Decency Act);
• 17 U.S.C. § 512 (DMCA safe harbor);
• Analogous intermediary liability safe harbors in the EU (DSA Article 6), UK (Online Safety Act), and other jurisdictions.

Nothing in this Section limits Mobilyze’s right to respond to valid trade-secret takedown requests under Section 9.2 or to take action under the Community Guidelines and Content Policy.

4.7 Personal-No-Link-to-Company Data Tag

Contributed Data uploaded into your Personal Account is, by default, tagged as Personal-No-Link-to-Company Data. When tagged, such data is:

1. Siloed to your Personal Account and not visible to any Corporate Workspace;
2. Excluded from any Corporate Workspace unless you take affirmative action to contribute it through the sanctioned four-gate approval sequence;
3. Excluded from Tier 1 Aggregated Improvement and Tier 2 Proprietary Model Training processing;
4. Not shared with, visible to, or licensed to any other user, customer, or third party;
5. Used solely to deliver your individual personalized Platform experience (search, retrieval, and on-demand summarization scoped to your session).

Tagging Contributed Data as Personal-No-Link-to-Company Data does not extinguish any third-party rights in that data and does not create a safe harbor for the upload of trade secrets, confidential information, or data subject to third-party obligations.

4.8 Acknowledgment of Employment and Fiduciary Duties

You acknowledge that:

1. Uploading confidential information, CRM data, trade secrets, or proprietary information of a current or former employer may violate your employment agreement, non-disclosure obligations, fiduciary duties, and applicable law, including the U.S. Defend Trade Secrets Act (18 U.S.C. § 1836), the California Uniform Trade Secrets Act, and equivalent laws in other jurisdictions;
2. Unauthorized misappropriation of trade secrets may constitute a federal crime under 18 U.S.C. § 1832, punishable by fines and imprisonment, as well as civil liability including exemplary damages and attorney’s fees under 18 U.S.C. § 1836;
3. You assume sole responsibility and liability for any upload that violates this Section 4, and you agree to indemnify Mobilyze as set forth in Section 10.

4.9 DTSA Immunity Notice

In accordance with 18 U.S.C. § 1833(b), Mobilyze provides the following notice:

An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney, and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order.

This notice does not limit Mobilyze’s rights under this Agreement.

4.10 Trade-Secret Takedown Safe Harbor

Mobilyze maintains a trade-secret takedown procedure at [TRADE_SECRET_TAKEDOWN_URL] analogous to the DMCA notice-and-takedown framework:

1. Any person who believes their trade secret or confidential information has been uploaded to the Platform without authorization may submit a takedown request including: (i) identification of the trade secret or confidential information; (ii) the requester’s relationship to the information; (iii) the basis for the confidentiality claim; (iv) evidence of unauthorized upload; and (v) a good-faith statement that the request is accurate;
2. Upon receipt of a valid request, Mobilyze will investigate in good faith and, if the upload appears unauthorized, remove or disable access to the content and may suspend or terminate the uploading user’s account;
3. The uploading user may submit a counter-notice stating the basis for their authorization to upload; Mobilyze will evaluate counter-notices in good faith;
4. Mobilyze’s response to a valid takedown request does not constitute an admission that a trade secret exists or has been misappropriated;
5. Mobilyze’s liability to any third-party trade-secret claimant is limited to the extent permitted by applicable safe-harbor law. Mobilyze is not liable for content uploaded by users in violation of their representations in Section 4.2, provided Mobilyze acts expeditiously upon receipt of a valid takedown request.

5 Acceptable Use

5.1 Permitted Use

You may use the Platform for lawful professional and personal purposes related to partner relationship management, networking, collaboration, and related business activities.

5.2 Prohibited Conduct

You agree not to:

• Use the Platform in violation of any applicable law or regulation.
• Impersonate any person or entity, or misrepresent your affiliation.
• Upload or transmit malicious code, viruses, or harmful technology.
• Attempt to gain unauthorized access to the Platform or connected systems.
• Harvest, scrape, or collect data about other users without consent.
• Conduct competitive-intelligence gathering against Mobilyze.
• Interfere with or disrupt the Platform’s integrity or performance.
• Use automated means except through the published API.
• Sublicense, sell, resell, or transfer your account or access.
• Activate a Corporate Workspace, or purport to act on behalf of any company, for which you lack actual written authority.
• Upload contact lists, address books, or recipient data for mass invitation without documented lawful basis and consent.
• Share, export, or download Personal-No-Link-to-Company Data to any third party or into any Corporate Workspace outside the sanctioned contribution workflow.

5.3 Invitations and Contact Uploads

If you invite others or upload a contact list for invitations:

• You warrant that each recipient relationship supports the invitation under applicable law, including CAN-SPAM (US), CASL (Canada), the GDPR (EU/EEA), UK GDPR (UK), KVKK (Turkey), LGPD (Brazil), APPI (Japan), PIPL (China), and PIPEDA (Canada).
• You may not use scraped, purchased, or unlawfully obtained lists.
• Each invitation must include a visible sender identity and a functional unsubscribe link.
• Unverified accounts are subject to rate limits (for example, 25 invitations per rolling 24-hour period); limits may be adjusted by Mobilyze to prevent abuse.
• Mobilyze acts as a processor for contact data you upload for invitations; you are the controller and are responsible for lawful basis and data-subject rights.

6 Data Use, AI-Powered Features, and Personalization

6.1 Your Data Belongs to You

All Contributed Data remains your property. Mobilyze does not claim ownership of your Contributed Data. You grant Mobilyze a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display your Contributed Data solely as necessary to deliver the Platform and its features to you. This license terminates upon account deletion subject to applicable retention obligations under the Privacy Policy.

6.2 Platform AI Features — Core Service Delivery

6.2.1 What Platform AI Features Are. Platform AI Features are named, discrete, integral components of the Platform. They are not optional add-ons, secondary products, or data monetization activities. The following features are Platform AI Features for all purposes of this Agreement:

6.2.2 How Platform AI Features Process Your Data. Each Platform AI Feature listed in Section 6.2.1 processes your Contributed Data and activity signals solely to deliver the identified output to you or, where you are associated with a Corporate Workspace, to your company and its Authorized Users. This processing:

1. Is core service delivery — it is what the Platform is contracted to do;
2. Is not secondary use, profiling for external purposes, model training, data monetization, or any processing activity requiring a separate opt-in;
3. Is not “automated decision-making with legal or similarly significant effects” within the meaning of GDPR Article 22 or equivalent laws — all outputs are decision-support tools that require your independent judgment before action;
4. Operates within the boundary of your data — Platform AI Features do not share your Contributed Data with other users, customers, or tenants;
5. Does not use your Contributed Data to train general-purpose, shared, or external AI/ML models.

6.2.3 No Opt-In Required for Platform AI Features. Because the Platform AI Features listed in Section 6.2.1 constitute core service delivery under this Agreement, no separate opt-in, Data Use Setting activation, or consent is required for this processing. The legal basis for processing in connection with each Platform AI Feature is performance of contract (GDPR Article 6(1)(b) or equivalent under applicable law). You cannot disable Platform AI Feature processing without discontinuing use of the Platform.

6.2.4 Session-Scoped Inference Artifacts. Mobilyze may retain short-term inference artifacts (not to exceed thirty (30) days) derived from your Contributed Data solely to maintain continuity of Platform AI Feature delivery within your active session or workspace. These artifacts are:

• Scoped to your personal account or Corporate Workspace;
• Not used to train any model;
• Not shared with any other user, customer, or third party;
• Automatically deleted upon session expiry, logout, or account deletion.

You may reset all session-scoped state at any time from your account settings.

6.2.5 Personal-No-Link-to-Company Data. Platform AI Features process Personal-No-Link-to-Company Data solely for your individual retrieval, search, and on-demand summarization within your active session. Such data is never used to train any model, contribute to Tier 1 or Tier 2 processing, or inform outputs delivered to any other user or entity.

6.3 Personalization Learning — Optional, Unbundled, Affirmative Opt-In

6.3.1 Default State and Opt-In Requirement. Personalization Learning is OFF by default. It is activated only by your affirmative, unbundled, specific opt-in through your personal account settings. The opt-in control:

1. Is a standalone, unchecked checkbox — it is not pre-checked, bundled with account creation, or presented as a condition of Platform access;
2. Is presented with a plain-language description of exactly what data will be used and how (see Section 6.3.2);
3. Is separate from any other consent or agreement;
4. May be withdrawn at any time from the same account settings page without penalty or degradation of core Platform functionality.

6.3.2 What Personalization Learning Does When Enabled. When you enable Personalization Learning, Mobilyze uses the following data derived from your own activity on the Platform to curate and improve your individual experience:

Personalization Learning does not use:

• Raw CRM contact data (contact names, email addresses, phone numbers);
• Commercial transaction amounts, deal values, or revenue figures from your Corporate Workspace;
• Data from any other user or customer;
• Data from your Corporate Workspace unless the applicable Corporate Customer Agreement has expressly enabled Tier 1 or Tier 2.

6.3.3 What Personalization Learning Does Not Do. Personalization Learning:

1. Does not train shared, proprietary, or general-purpose models that benefit other users, customers, or third parties;
2. Does not share your activity signals with any other user, customer, or third party;
3. Does not create a persistent profile that is sold, licensed, or used for any purpose other than improving your individual experience.

6.3.4 Withdrawal of Consent. You may withdraw your consent to Personalization Learning at any time from your account settings by toggling the Personalization Learning control to OFF. Upon withdrawal:

1. Mobilyze will immediately cease collecting new activity signals for Personalization Learning purposes;
2. Behavioral data used solely for Personalization Learning will be deleted within thirty (30) days of withdrawal;
3. Withdrawal of consent does not affect the lawfulness of processing that occurred before withdrawal;
4. Withdrawal of consent does not affect your access to or use of any Platform AI Feature listed in Section 6.2.1.

6.3.5 Legal Basis. The legal basis for Personalization Learning is your consent (GDPR Article 6(1)(a), or equivalent under applicable law). Where consent is the legal basis, you have the right to withdraw at any time in accordance with Section 6.3.4.

6.4 What Mobilyze Will Never Do With Your Data

Mobilyze will not:

1. Sell your Contributed Data to any third party for any consideration;
2. License your Contributed Data to any third party;
3. Use your Contributed Data to train any general-purpose, shared, or external AI/ML model that benefits other users, customers, or third parties, except under Tier 1 or Tier 2 as separately and expressly opted into;
4. Benchmark your data against another identifiable user or customer, except under Tier 1 with k-anonymized aggregation (k ≥ 25) and statistical disclosure controls preventing re-identification;
5. Share your Contributed Data outside the scope of delivering the Platform to you, except as required by applicable law, valid legal process, or as disclosed in the Privacy Policy;
6. Use Personal-No-Link-to-Company Data for any purpose other than delivering your individual personalized Platform experience within your active session.

6.5 Tier 1 and Tier 2 — Corporate Workspace Opt-Ins

Tier 1 (Aggregated Improvement) and Tier 2 (Proprietary Model Training) are Corporate Workspace-level elections configured by a workspace administrator (Tier 1) or in the applicable Order Form (Tier 2). They are OFF by default and require separate, affirmative opt-in. Individual users cannot activate Tier 1 or Tier 2. The terms governing Tier 1 and Tier 2 are set forth in the applicable Corporate Customer Agreement.

6.6 CRM Data Access Controls

Mobilyze personnel will not access CRM Data uploaded to the Platform except as strictly necessary to provide, maintain, or troubleshoot the Platform. All such access is conducted under role-based access controls, least-privilege principles, and full audit logging. Access logs are available to you upon written request.

6.7 Sub-Processors

Mobilyze may engage sub-processors (including cloud infrastructure and AI model API providers) to assist in delivering Platform AI Features. All sub-processors are contractually prohibited from using your Contributed Data for any purpose other than providing services to Mobilyze. The current sub-processor list is at [SUBPROCESSOR_LIST_URL]. Mobilyze will provide at least thirty (30) days’ prior notice before engaging a new sub-processor that processes your Contributed Data.

7 Intellectual Property

7.1 Mobilyze IP

The Platform, including all software, technology, algorithms, models, user interfaces, trade dress, trademarks, and documentation, is and remains the exclusive property of Mobilyze and its licensors. Nothing in this Agreement grants you any right in Mobilyze IP beyond the limited license to use the Platform.

7.2 User IP

You retain all intellectual property rights in your Contributed Data. The limited license in Section 6.1 does not transfer ownership.

7.3 Feedback

If you provide feedback or suggestions, you grant Mobilyze a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such feedback without obligation to you.

8 Privacy and Data Protection

Your use of the Platform is subject to the Privacy Policy, which is incorporated by reference. Where Mobilyze processes personal data on your behalf (for example, contact records you upload for invitations), Mobilyze acts as a processor and you act as the controller. You are responsible for ensuring a lawful basis for uploading personal data of third parties. Cross-border transfers are governed by the Privacy Policy and the Data Processing Addendum where applicable.

9 Takedown and Notice-and-Action Procedures

9.1 DMCA Notice and Takedown (US)

Send a valid DMCA notice to dmca@mobilyze.net. Mobilyze will expeditiously remove or disable access to allegedly infringing content and will process counter-notices per 17 U.S.C. § 512.

9.2 Trade-Secret Takedown

Submit trade-secret takedown requests to [TRADE_SECRET_TAKEDOWN_URL]. Mobilyze will investigate and, in good faith, remove or disable content uploaded without authorization and may suspend or terminate the uploading user.

9.3 DSA Notice-and-Action (EU)

Illegal content under EU law may be reported via the notice form at Content Policy. Mobilyze will act in accordance with Articles 14, 16, and 17 of the Digital Services Act, including providing statements of reasons and an internal complaint-handling system.

9.4 Neutral Conduit

Mobilyze operates as a neutral platform, does not pre-screen Contributed Data, and claims all intermediary safe harbors available under applicable law.

10 Indemnification

10.1 Your Indemnification Obligations

You will indemnify, defend, and hold harmless Mobilyze and its officers, directors, employees, agents, successors, and affiliates from any and all claims, demands, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs at all levels of proceedings) arising out of or relating to:

1. Your breach of any representation, warranty, covenant, or obligation under this Agreement;
2. Your Contributed Data, including any claim that it infringes or misappropriates any IP right, trade secret, confidentiality right, privacy right, or publicity right of any person or entity;
3. Your violation of any applicable law, regulation, or third-party agreement, including your employment agreement, any NDA, or any fiduciary obligation;
4. Any claim by a current or former employer, client, partner, or other third party arising from or relating to your upload of their trade secrets, confidential information, or proprietary data without authorization, including claims under the Defend Trade Secrets Act, the Uniform Trade Secrets Act, or equivalent laws;
5. Any claim arising from your unauthorized activation of or access to a Corporate Workspace, or any false or fraudulent representation of authority to bind any company;
6. Any invitation you send or contact list you upload that violates CAN-SPAM, CASL, GDPR, UK GDPR, KVKK, LGPD, APPI, PIPL, PIPEDA, or equivalent laws;
7. Your unauthorized CRM connection or data upload in violation of Section 4.3;
8. Your fraud, willful misconduct, or intentional misrepresentation in connection with the Platform;
9. Any claim arising from your use of any AI-generated output from the Platform in a manner that causes harm to any third party.

10.2 Uncapped Indemnification for Specific Claims

Your indemnification obligations under this Section 10 are uncapped, unlimited in amount, and are not subject to any liability limitation set forth in Section 11 of this Agreement. These obligations survive termination of this Agreement indefinitely. No provision of this Agreement limits, qualifies, or reduces your obligations under this Section 10. This reflects that:

1. The claims described in Section 10.1 arise from your conduct, which is entirely within your control to prevent;
2. Your Personal Account may not be backed by corporate creditworthiness, and Mobilyze must have full recourse against you individually for harm caused by your actions;
3. The potential harm to Mobilyze from trade-secret, former-employer, unauthorized-workspace, and unlawful-invitation claims may far exceed the fees you pay for Platform access.

10.3 Exclusion from Mobilyze’s Indemnification Obligations

Mobilyze’s indemnification obligations under any provision of this Agreement expressly exclude:

1. Claims arising from Contributed Data uploaded by you in violation of your representations in Section 4;
2. Claims arising from your unauthorized CRM connection or data upload;
3. Claims arising from your violation of any NDA, confidentiality obligation, or trade-secret protection belonging to a third party;
4. Claims arising from modifications, combinations, or uses of Platform outputs by you in a manner not authorized under this Agreement;
5. Claims that would not have arisen but for your breach of this Agreement.

10.4 Indemnification Procedure

1. Mobilyze will promptly notify you of any claim for which it seeks indemnification, provided that failure to provide prompt notice does not relieve you of your obligations except to the extent you are materially prejudiced by the delay;
2. You may, at your option and expense, assume control of defense and settlement, provided Mobilyze may participate with its own counsel at its own expense;
3. You will not settle any claim in a manner that imposes any obligation, restriction, admission, or liability on Mobilyze without Mobilyze’s prior written consent; and
4. Mobilyze will provide reasonable cooperation at your request and expense.

11 Limitation of Liability

11.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOBILYZE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11.2 AI Output Disclaimer

Platform AI Features generate probabilistic outputs. AI-generated recommendations, matches, scores, and visualizations are decision-support tools only and do not constitute professional, legal, financial, or business advice. You agree to exercise independent judgment before acting on any AI output.

11.3 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILYZE’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (I) AMOUNTS PAID BY YOU TO MOBILYZE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US$100).

11.4 Exclusion of Consequential Damages

IN NO EVENT WILL MOBILYZE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.

11.5 Hosting Provider Analog

With respect to Personal-No-Link-to-Company Data, Mobilyze’s role is analogous to a consumer cloud storage provider. Mobilyze does not read, profile, or redistribute such content.

11.6 Consumer Rights Preservation

Nothing in this Section 11 limits any non-waivable rights you may have as a consumer under applicable law in your jurisdiction, including the EU Consumer Rights Directive, UK Consumer Rights Act 2015, Turkish Law No. 6502, Brazilian CDC, Australian Consumer Law, or Japanese Consumer Contract Act.

12 Dispute Resolution

12.1 Governing Law

This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that mandatory consumer-protection laws of your country of residence will apply where they grant non-waivable rights.

12.2 Arbitration (US Users)

Disputes involving US users will be resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules, conducted by a single arbitrator in Wilmington, Delaware, or remotely at Mobilyze’s election. [LEGAL REVIEW NEEDED for enforceability in each jurisdiction.]

12.3 Class Action Waiver

YOU AND MOBILYZE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER, TO THE EXTENT PERMITTED BY LAW.

12.4 Exception for Injunctive Relief

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect IP or confidential information.

12.5 EU/EEA, UK, and Other Jurisdictions

If arbitration or class-action waivers are unenforceable in your jurisdiction, disputes will be resolved in the courts of your habitual residence under local law. EU consumers may use the ODR platform at https://ec.europa.eu/consumers/odr.

13 Term and Termination

13.1 Term

This Agreement takes effect upon account creation and continues until terminated.

13.2 Termination by You

You may terminate by deleting your Personal Account. Mobilyze will delete your Contributed Data within thirty (30) days, except as required by law.

13.3 Termination by Mobilyze

Mobilyze may suspend or terminate your account, with or without notice, if (a) you violate this Agreement; (b) your account poses a security risk; (c) your Contributed Data may contain unauthorized confidential information or trade secrets; or (d) continued provision is impractical.

13.4 Effect of Termination

Upon termination, (i) your access ceases; (ii) Sections 4, 6.4, 7, 10, 11, 12, and this 13.4 survive; and (iii) data associated with active Corporate Workspaces is handled under the applicable Corporate Customer Agreement.

13.5 Data Export

You may export your Contributed Data before termination. After termination, Mobilyze has no obligation to retain or provide your data.

14 Sanctions and Regulatory Compliance

You represent that you are not located in, a national of, or a resident of any country subject to comprehensive U.S., EU, UK, or UN sanctions, and are not listed on OFAC SDN, the U.S. Entity List, the EU Consolidated List, or any similar restricted-party list. You will comply with all applicable export control, sanctions, and anti-money-laundering laws.

15 General Provisions

15.1 Entire Agreement

This Agreement, together with incorporated policies and any Corporate Association Acknowledgment you accept, is the entire agreement regarding your Personal Account.

15.2 Amendments

Mobilyze may modify this Agreement. Material changes will be communicated at least thirty (30) days in advance. Continued use constitutes acceptance. If you disagree, you may terminate under Section 13.2.

15.3 Severability

Unenforceable provisions will be modified only to the minimum extent necessary.

15.4 Waiver

Failure to enforce any provision is not a waiver.

15.5 Assignment

You may not assign without consent. Mobilyze may assign in connection with a merger, acquisition, or sale.

15.6 Notices

Notices to you are sent to the email on file. Notices to Mobilyze: [ADDRESS], Attn: Legal Department, or legal@mobilyze.net.

15.7 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control.

15.8 Language

The authoritative language is English. Translations are provided for convenience. For Turkish and EU users, a Turkish or local-language version is available at the Privacy Policy.

Jurisdiction Addenda (Summary)