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Effective since February 17, 2025

Terms and Conditions of Use

GetWhys Inc.

1. Terms

These Terms of Use (these “Terms”) are entered into by and between you and Get Whys Inc., a Delaware corporation (“GetWhys” or “we” or “us”). By accessing the website at http://getwhys.io (the “Site”), you are agreeing to be bound by these Terms, and these Terms shall govern your access to and use of the Site.

Please read these Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not want to agree to these Terms or the Privacy Notice, you must not access or use the Site.

Unless we expressly state otherwise, the Site is offered and available to users who are eighteen (18) years of age or older. Except as otherwise authorized by us, if you are not at least eighteen (18), you must not access or use the Site.

Users of the Site may include individuals who are accessing and using the Site in their individual capacity and/or users who are accessing and using the Site on behalf of a company, organization or entity, such as their employer (“Company User(s)”).If you are a Company User, you represent and warrant that you are authorized to accept these Terms on your company’s, organization’s or entity’s behalf.

2.Accessing the Site

(a) You may use the Site when and as available. Although we generally intend for the Site to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We further reserve the right to change, modify, eliminate and/or restrict or block access to all or any part of the Site, including any features or content displayed or made available through the Site, from time to time with or without notice to you, in our discretion.We will not be liable to you if for any reason all or any part of the Site is unavailable at any time for any period.

(b) You are responsible for: (i) making all arrangements necessary for you to have access to the Site, including without limitation, your Internet connection; and (ii) ensuring that all persons who access the Site through your Internet connection and/or your user account are aware of these Terms and comply with them.

3.No Reliance; No Offer of Advice

GetWhys makes no representation or warranty that the information on the Site is accurate, reliable, up-to-date or complete. Neither GetWhys nor any third party can guarantee the accuracy of the information, and you agree not to rely on any such information.The content and information available on the Site is provided for informational purposes and does not constitute and should not be construed as a solicitation or offer to engage in any transaction whatsoever.

4. Intellectual Property Rights

(a) The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “GetWhys Content”) are owned by GetWhys, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the GetWhys Content is transferred to you, and all rights not expressly granted are reserved by GetWhys. You shall not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the GetWhys Content. Any use of the GetWhys Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

(b) Certain features or functions of the Site may permit the uploading, posting, storage, viewing or transmittal of text, information, video, images and content (collectively, “Your Content”). You retain ownership of any of Your Content posted or transmitted to or through the Site, but in order for us to provide you the Site, you must grant certain rights to GetWhys to use Your Content. Accordingly, subject to any restrictions or limitations set forth in these Terms, you hereby grant to GetWhys and its designees, a royalty-free, fully paid, sublicensable, transferrable, non-exclusive license to post, store, use and transmit any and all of Your Content in connection with: (i) GetWhys’ maintenance, operation, and provision of the Site; (ii) the operation of GetWhys’ business, including its development and design of any products or services; and (iii) the creation of Systems Data.You are solely responsible for any and all of Your Content uploaded and/or transmitted in and/or through the Site.You further acknowledge and agree that:

(1) You represent and warrant to GetWhys that: (i) you own Your Content or otherwise have sufficient rights in Your Content to grant the license rights granted to GetWhys in this Section; (ii) Your Content does not, and its use by GetWhys as contemplated in these Terms will not, violate, infringe, or misappropriate the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party, or breach or violate any obligation of confidentiality owed to any third party; (iii) your uploading, posting, storage, viewing or transmittal of Your Content to or through the Site will not violate applicable Laws; and (iv) there are no claims currently pending or threatened, and you have not engaged in any acts or omissions likely to result in any such claims, as to: (a) your ownership of, use of, or rights in Your Content; (b) your violation, infringement or misappropriation of any third party intellectual property rights, publicity or privacy rights, or other proprietary rights with respect to Your Content; (c) your violation or breach of any obligation of confidentiality owed to any third party with respect to Your Content; or (d) the violation of Your Content of applicable Laws.

(2) GetWhys reserves the right to refuse to post or transmit any of Your Content.Furthermore, in the event that GetWhys discovers or has reason to believe that Your Content is in violation of these Terms, including without limitation, this Section 4(b) and/or Section 5 below, GetWhys may, without limiting its rights or creating any liability therefor, immediately remove Your Content from the Site, and may further block and/or restrict your access thereto pending resolution of any such violation.

(3) You are responsible for keeping appropriate copies and records of Your Content.GetWhys has no obligation to back-up or maintain Your Content, and GetWhys takes no responsibility and assumes no liability for Your Content, including without limitation any loss or damage thereto.

(c) Systems Data.You acknowledge and agree that all Systems Data is and shall remain the sole and exclusive property of GetWhys.For purposes of clarity, GetWhys may make any legal use of the Systems Data without notifying you or sharing such Systems Data with you. Specifically, by way of illustration and not by way of limitation, GetWhys may use, publish and/or share Systems Data with others for any lawful purpose, including without limitation, to promote the Site and/or GetWhys’ products or services, for evaluating the efficiency, utility and functionality of the Site and/or GetWhys’ other products or services, and for enhancing and improving the Site and GetWhys’ other products or services.For purposes of these Terms, “Systems Data” means all data, content and information regarding your use of the Site in the nature of de-identified or aggregate systems administrative data, statistical and demographical data, operational information, and data generated by or characterizing the use of the Site, including without limitation, any de-identified or aggregated Your Content.

(d) Feedback.Any comments, feedback, suggestions, or ideas (“Feedback”) you provide through or about the Site may be used by GetWhys. While you may continue to own all such Feedback, you hereby grant to GetWhys a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback.

5. Your Conduct

You may use the Site only for lawful purposes in accordance with the terms and conditions of these Terms.Except as expressly permitted in these Terms, you agree not to:

(a) License, sublicense, lease, rent, timeshare, distribute, disclose, permit access to, or transfer to any third party, any portion of the Site and/or any GetWhys Content, whether for profit or without charge;

(b) Store, reproduce, distribute, transmit, modify, adapt, perform, display (including by “framing”), publish or sell the Site and/or any GetWhys Content;

(c) Translate, reverse engineer, re-engineer, disassemble, decompile, discover, or modify the Site, any GetWhys Content, or any GetWhys software;

(d) Remove any copyright and other proprietary notices placed upon the Site and/or any GetWhys Content accessible via the Site;

(e) Circumvent any use-limitation or protection device contained in or placed upon the Site and/or any GetWhys Content, or access or attempt to access any portion of the Site and/or any GetWhys Content that you are not authorized to access;

(f) Use the Site to execute denial of service attacks;

(g) Perform automated searches against GetWhys’ systems (except for non-burdensome federated search services), including automated “bots”, link checkers or other scripts, without prior written permission from GetWhys;

(h) Use the Site or any GetWhys Content to create products or perform services which interfere with the Site, any GetWhys Content, or any other products or services of GetWhys or its licensors;

(i) Text mine, data mine or harvest metadata from the Site;

(j) Impair or overburden the Site or any servers or systems associated with the Site;

(k) Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;

(l) Violate any Laws or cause GetWhys to violate any Laws.For purposes of these Terms, “Laws” means applicable federal, international, state and local laws, statutes, rules, regulations and ordinances, including any judgment or order of any court or governmental authority, and specifically includes, without limitation, all applicable anti-bribery and anti-corruption laws and regulations, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010, and all applicable privacy and data protection laws;

(m) Use the Site and/or any GetWhys Content in any manner that violates, infringes, or misappropriates the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party;

(n) Introduce to the Site or any other GetWhys systems or software any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(o) Download all or parts of the Site and/or any GetWhys Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Site and/or the GetWhys Content, in any form;

(p) Use the Site or any GetWhys Content to create or develop any product or service that is competitive with the Site, any GetWhys Content, or any other GetWhys product or service, or any other product or service that emulates the features and/or functions of the Site, the GetWhys Content, or any other GetWhys product or service; or

(q) Use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.

6. Monitoring and Enforcement

(a) GetWhys may: (i) disclose your identity or other information about you to any third party who claims that Your Content or any other material posted by you by or through the Site violates their rights, including their intellectual property rights, publicity rights, or their right to privacy; or (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, third parties or court order requesting or directing us to disclose the identity or other information (including Your Content) of any User using the Site.

(b) We do not commit to reviewing any of Your Content or any other user content or materials before it is posted or transmitted through the Site, and cannot ensure prompt removal of objectionable or unlawful material after it has been posted or transmitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content, including any of Your Content, provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

7. Commercial Use; Authorization

You may use the Site for your internal, non-commercial (except as otherwise set forth herein) use solely for lawful purposes in compliance with these Terms.

8. Disclaimer of Warranties

You understand that GetWhys cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GETWHYS NOR ANY PERSON ASSOCIATED WITH GETWHYS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER GETWHYS NOR ANYONE ASSOCIATED WITH GETWHYS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GETWHYS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GET WHYS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF FOR ANY REASON GETWHYS IS FOUND LIABLE HEREUNDER, GETWHYS’ TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (i) THE FEES YOU HAVE PAID TO GETWHYS, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION GIVING RISE TO LIABILITY; OR (ii) $100 USD. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH GETWHYS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Termination or Cancellation

As noted above, these Terms are a legally binding agreement between you and GetWhys with respect to your use of the Site. Either we or you may terminate this agreement with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred prior to termination, and if you use the Site after such termination, that use will constitute your new agreement to these Terms. If applicable Laws require that we provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. GetWhys’ rights under these Terms that by their terms, nature, sense or context are intended to survive the termination of these Terms shall survive such termination. Without terminating your right to use the Site pursuant to these Terms, we may suspend or block your access to the Site whenever it appears to us that you might be breaching or violating these Terms or otherwise about to cause harm or damage to us or others.No breach of these Terms by GetWhys shall be deemed a material breach unless GetWhys is first given not less than thirty (30) days to cure the breach.

11. Indemnification

You agree to defend, indemnify, and hold harmless GetWhys, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site. GetWhys reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably assist and cooperate with GetWhys in the defense thereof.

12. Third Party Websites, Materials and Content

(a) The Site may link to other websites. These links may be provided by GetWhys as a convenience to you. If you deal with a linked site, your transaction is not with GetWhys so you should review the linked site’s “terms of use,” other contract(s) and/or privacy notice before completing your transaction.

(b) GetWhys may further use third party services, software or applications in making available the Site to you.You agree to comply with any and all third party license terms, terms of use, or terms of service applicable to any such third party service, software or applications, and shall not take or fail to take any act that would cause GetWhys to be in breach or violation of any such third party license terms, terms of use, or terms of service.You further acknowledge and agree that GetWhys shall not be responsible for, and shall have no liability to you in connection with, the unavailability, failure of, or your inability to use, any such third party service, software or applications.

(c) The Site may display or make available, and the GetWhys Content may include, third party content (including data, information, and/or materials) (collectively, “Third Party Materials”). You acknowledge and agree that GetWhys is not responsible for the Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. GetWhys does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.

(d) You acknowledge and agree that GetWhys’: (i) linking to any third party website; (ii) using any third party services, software or applications; or (iii) providing any Third Party Materials, does not constitute or imply an endorsement by GetWhys of the third party provider.The providers of any third party services, software or applications or Third Party Materials may be third party beneficiaries of these Terms having the right to enforce these Terms in accordance with its terms.

13. Use of Name

The names, “Get Whys”, “GetWhys”, “Get Whys Inc.” and all related names, logos, product and service names, designs, and slogans are trademarks of GetWhys or its affiliates. You must not use such marks without the prior written permission of GetWhys. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You agree that GetWhys may, in its discretion and without your prior consent, use your name, and where you are a Company User, your company’s, organization’s or entity’s trademarks, trade names or logos in any publicity, promotion, news release, social media post, marketing material or other public disclosure for purposes of disclosing your relationship with GetWhys as a customer of GetWhys or a user of the Site or GetWhys’ services.

14. Modifications

GetWhys may revise these Terms at any time without notice to you, in GetWhys’ sole discretion. All changes to these Terms are effective immediately when we post them to the Site, and apply to all access to and use of the Site thereafter. By using the Site, you are agreeing to be bound by the then current version of these Terms. We encourage you to check these Terms often for updates.

15. Privacy Policy; Additional Terms

(a) By using the Site you acknowledge and agree that you have reviewed our Privacy Policy located at https://www.getwhys.io/privacy-policy and that your use of the Site and GetWhys’ services is subject to such Privacy Policy.

(b) Your use of the Site is subject to any and all additional terms, policies, rules or guidelines applicable to the Site or certain features of the Site that we may post on or link to the Site (the “Additional Terms”).All such Additional Terms are hereby incorporated into, and made a part of, these Terms.

16. Waiver; Severability

No waiver by GetWhys of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GetWhys to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

17. Governing Law; Venue

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Idaho, in each case located in Ada County, Idaho; provided, that we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Notices, Including Our Address for Legal Notices

(a) We may give you notice by any lawful method, including (without limitation) legal notices and notices of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Site.

(b) You agree to send us notice by mailing it to “Our Address for Legal Notices” which is Get Whys Inc., 1522 Western Avenue, Suite 24106, Seattle, Washington 98101, or by emailing it to us at legal@getwhys.io.

19. Further Information

If you would like to receive our legal name and address by email or request any additional information from GetWhys, please provide us your email address by sending your request, in writing, to Our Address for Legal Notices. If you have a complaint, you may contact us at the address(es) set forth in Section 18.

20. Notice of Copyright Agent

GetWhys respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation that the complaining party has 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; and (vi) a representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:

by mail: Get Whys Inc., 1522 Western Avenue, Suite 24106, Seattle, Washington 98101

by email: legal@getwhys.io

Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third party rights.