Terms of Service

Devsan Systems END USER LICENSE AGREEMENT

Updated April 3, 2022

PLEASE READ THIS END USER LICENSE AGREEMENT (THE “EULA” OR THE “AGREEMENT”) CAREFULLY BEFORE USING THE Devsan Systems WEB APPLICATION (THE “PLATFORM”) TO WHICH THIS EULA RELATES. By using the Platform you are accepting the terms and conditions of this EULA and entering into a legally binding agreement with Devsan Systems (“Devsan Systems”, “we”, or “us”). Your use of the Platform is conditional on your acceptance of this EULA. This EULA governs your use of the Platform and therefore, we recommend that you read it carefully before using the Platform. The EULA is between you and Devsan Systems and you acknowledge and agree that the third party mobile device platform or Service provider (the “Platform Provider”) is not a party to this Agreement. Devsan Systems, not the Platform Provider, is solely responsible for the Platform and its content. You should also read and agree to comply with the Devsan Systems Privacy Policy (the “Privacy Policy”), which is incorporated by reference into this Agreement and available at https://www.devsan.ca/privacy . If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not make use of the Platform.

License Grant: Devsan Systems hereby grants you a limited, non-exclusive, non-transferable, royalty-free, revocable license to use the Platform for your personal, professional and, non-commercial purposes in accordance with the terms and conditions of this Agreement. You may only use the Platform on devices that you own or control and as permitted by the usage rules (“Usage Rules”) established by the Platform Provider from whom you are using the Platform and the restrictions set out herein.

Reservation of Rights: Devsan Systems owns or licenses, and shall retain all proprietary rights in the Platform and all trade-marks, trade names, copyright and other intellectual property rights related thereto and all rights in the Platform not expressly granted by Devsan Systems to you are reserved and retained by Devsan Systems.

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Restrictions: The following restrictions will apply to your use of the Platform: (a) (a) you may not, nor may you cause or assist another to: i. copy or modify the Platform; ii. (b) you may not distribute, share through any network, transfer, transmit, rent or sell the Platform or any part of it to any other person; iii. (c) you may not change, alter, modify or create enhancements or add-ons to the Platform, or any part of it; iv. (d) you may not decompile, reverse engineer or disassemble the Platform, or any part of it; v. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Platform, in whole or in part; vi. use the Platform in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Platform or any other services, system resources, accounts, servers, networks, affiliated or linked web sites connected to or accessible through the Platform (including without limitation uploading, posting or otherwise transmitting.

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any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Platform’s infrastructure); and vii. use the Platform in any manner that may dilute or depreciate Devsan Systems’ name or reputation; and (b) (e) you shall at all times comply with, and shall not circumvent or attempt to circumvent, any of the restrictions on the use of the Platform set forth in this Agreement; and (c) you must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside.. Telecommunications Services: You acknowledge that the use of the Platform requires cellular or Wi-Fi service, data access and/or text messaging capability. Devsan Systems does not charge for the use of the Platform, however, you are responsible for any applicable data plan fees or other subscription charges or fees of any kind whatsoever that your telecommunications services provider may charge you to access the Platform, including fees for network access, roaming and text messaging. Proprietary Rights: You acknowledge and agree that the Platform and any and all related materials, including, without limitation, text, graphics, content, video and audio are the property of Devsan Systems and its licensors and are protected under the copyright laws of Canada and other jurisdictions. None of the contents related to the Platform may be copied, reproduced, republished, distributed, displayed, sold, transferred or modified without the express written consent of Devsan Systems and/or the applicable Devsan Systems licensor. The trademark “Devsan Systems” and other similar or related trade- marks, design marks and logos displayed in the Platform are the registered and common law trade - marks of Devsan Systems. Other trademarks appearing in the Platform are the trademarks of their respective owners. Nothing contained in this Agreement is to be construed as granting, by implication or otherwise, any license or right to use any trademarks appearing in the Platform, except with the express written approval of Devsan Systems or such other party that may own the applicable trademark.

Suggestions: Any communications sent by you to Devsan Systems regarding the Platform or any other product, including unsolicited ideas, such as ideas for new advertising campaigns, new promotions, new or improved products, goods, services, applications or technologies, product enhancements, processes, materials, marketing plans, or new product names, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trademark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of Devsan Systems and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication. Privacy and Right to Use of Data: The collection, use and disclosure of personal information that you provide to Devsan Systems, including all application Content, is governed by the Devsan Systems Platform Privacy Policy. When you interact with the Platform, you agree that information about you and your use of the Platform, such as your type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that

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load in your browser, may be communicated to us. Devsan Systems may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, product support and other services. Devsan Systems may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Platform and to improve its products or to provide services or technologies to you. Devsan Systems complies with the Personal Information Protection and Electronic Documents Act (Canada), the Personal Health Information Protection Act, 2004 (Ontario) and all other applicable statutes, regulations and laws. Third Party Materials: Devsan Systems enables access to third party services and websites and you accept their additional terms of service. You agree that Devsan Systems does not warrant the accuracy, copyright compliance or legality of these services and further that Devsan Systems does not assume liability to you related to these services. You acknowledge and agree that Devsan Systems is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. You further acknowledge and agree that Devsan Systems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource. Updates: Devsan Systems is committed, on a commercially reasonable basis, to ensuring that the provider and Platform that is useful, efficient and up to date. Therefore, we reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Devsan Systems shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. Maintenance and Support: Devsan Systems provides minimal support and maintenance for the Platform on a commercially reasonable effort basis only. You acknowledge that the Platform Provider is not obligated to provide any support or maintenance for the Platform. Termination: If you breach any provision of this Agreement, then you may no longer use the Platform. Devsan Systems, in its sole discretion, shall determine whether this Agreement has been violated. You agree that Devsan Systems may, in its sole discretion, terminate or suspend your use of the Platform with or without notice. This Agreement is effective until terminated in writing by you or Devsan Systems either party. Devsan Systems may also wish to stop providing the Platform to you for any or no reason and may terminate your use of it at any time without giving notice of termination to you. Unless Devsan Systems advises you otherwise, upon termination (a) the rights and license under this Agreement will end, and (b) you must stop using the Platform and delete it from your device. Disclaimer of Warranties: Devsan Systems PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY PLATFORMLICABLE LAW, Devsan Systems DOES NOT MAKES MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, NO REPRESENTATIONS, WARRANTIES, COVENANTS OR AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION,

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ANY IMPLIED WARRANTIES OR AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABLE QUALITY BILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FOR GREATER CERTAINTY, Devsan Systems DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE PLATFORM WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, OR (iv) BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED. Limitation of Liability: You expressly understand and agree that in no event shall Devsan Systems be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages whatsoever, whether based on contract (including fundamental breach or breach of a fundamental term), tort (including negligence) or other legal or equitable basis, arising from or in connection with out of your use or inability to use the Platform or any other matter relating to or arising from this Agreement. , even if Devsan Systems or any of its representatives have been advised of the possibility of such damage or loss or if such damage or loss was foreseeable. In any event, Devsan Systems’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) shall not exceed the amount of one dollar ($1.00). Indemnity: YOU WILL INDEMNIFY AND HOLD Devsan Systems, Devsan Systems’ AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE PLATFORM AND ANY BREACH OF THESE TERMS BY YOU, INCLUDING ANY USE OF THE PLATFORM OTHER THAN AS EXPRESSLY AUTHORIZED IN THE TERMS AND CONDITIONS. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND AGREE TO INDEMNIFY AGAINST ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND LAWYERS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.

Product Claims: Devsan Systems, not the Platform Provider, is responsible for addressing any claims by you relating to the Platform or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer production or similar legislation. Export Compliance: You represent and warrant that you are not (i) located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any Canadian or U.S. Government list of prohibited or restricted parties. Third Party Intellectual Property Claims: Devsan Systems shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Platform. To the extent that Devsan Systems is required to provide indemnification by applicable law, Devsan Systems, not the Platform Provider, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Platform or your use of it infringes any third party intellectual property rights.

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Third Party Beneficiary: You and Devsan Systems acknowledge and agree that the Platform Provider, and its subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Platform Provider will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof. Amendments General: This Agreement constitutes the entire agreement between Devsan Systems and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. This Agreement is subject to change by Devsan Systems at any time. Upon any change to this Agreement, Devsan Systems will publish the amended EULA within the Platform and such changes shall be effective immediately upon posting. You acknowledge that using this Platform following such posting shall constitute your affirmative acknowledgement of this Agreement, the modification, and agreement to abide and be bound by this Agreement, as amended. If at any time you choose not to accept this Agreement, including following any such modifications hereto, then please do not use the Platform and uninstall it from your mobile device. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver of or consent to depart from the requirements of any provision of this Agreement will be binding unless it is in writing and signed by Devsan Systems. You and Devsan Systems are independent contractors, and no agency, fiduciary, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. The provisions of this Agreement will ensure to the benefit of and be binding upon you and Devsan Systems and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without Devsan Systems’ express prior written consent, which may be withheld in its sole discretion. Devsan Systems may assign this Agreement and its respective rights and obligations under this Agreement without your consent. English Language: The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise. The parties confirm that it is their wish that this Agreement and any other documents delivered or given under this Agreement, including notices, have been and will be in the English language only. Jurisdiction: This Agreement and any dispute relating to the Platform will be governed by and construed, interpreted and enforced in accordance with the laws of the Province of Ontario and Canada shall govern. You hereby consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario in all disputes arising out of or relating to this Agreement or the use of the Platform. Contact Information: The Platform is operated by Devsan Systems Inc. Questions, complaints or claims regarding the Platform may be submitted to Devsan Systems at https://www.devsan.ca/contact-us.

If you have any questions, comments, or concerns about this policy or how we manage your information, please contact our Privacy Information Officer privacy@devsan.ca.

Questions, complaints or claims regarding the Platform may be submitted to Devsan Systems at privacy@devsan.ca.

Questions or concerns relating to Privacy, Collection, Retention can be forwarded to our Privacy Information Officer at privacy@devsan.ca or submitted to the Privacy Commissioner of Canada at https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/r_o_p/.