# Sidekick Platform — Full Content # https://sidekickwellness.com/llms-full.txt # Generated: 2026-07-10 This file contains the full text content of all public pages on sidekickwellness.com in Markdown format, optimized for LLM consumption. --- # Sidekick Platform URL: https://sidekickwellness.com/ Sidekick is an AI knowledge platform that turns approved documents, videos, podcasts, and research into trusted AI assistants with source-linked answers, ownership controls, engagement analytics, and web/mobile access. Built for enterprises, institutions, and expert creators. --- # Trusted knowledge, made conversational. You have spent years developing your expertise, Sidekick gives people a better way to access it. Sidekick turns expert content, organizational resources, media, research, policies, courses, websites, and documents into a conversational AI channel. Instead of browsing, searching, and scrolling, users ask questions and receive answers grounded in your expert knowledge. Want to know more? Ask Sidekick How It Works ## From knowledge to channel in four steps 1 ### Upload your knowledge. Create your channel and bring in videos, podcasts, PDFs, articles, research papers, presentations, websites, and more. You control the information for your audience. 2 ### Create your Sidekick. Define the experience and brand your channel directly in your browser. No engineering required. 3 ### Share your channel. Your audience can access the channel from your website or through the Sidekick Platform mobile app. 4 ### Learn what people need. Conversation patterns can reveal what people are looking for, where gaps exist, and where new content may create more value. Ask Sidekick [Create your channel](https://portal.sidekickplatform.com/onboarding) Get the app Two Ways to Get Started ## Start self-serve or choose a fully managed channel. ### Self-serve Most creators and smaller teams configure their channel directly, from start to finish. ### Fully managed Larger organizations with complex content, governance, or compliance requirements can choose a custom, fully managed deployment with Sidekick. Please [request a demo](mailto:sales@sidekickplatform.com) for more information. Same platform. Same trust. Deployment tailored to your needs. Ask Sidekick [Create your channel](https://portal.sidekickplatform.com/onboarding) Case Study ## Tested where trust matters. As part of an innovation collaboration with the U.S. Department of Veterans Affairs, more than 1,000 veterans tried Sidekick inside one of the most complex benefits systems in the country — and the feedback was clear. In post-pilot feedback, participating veterans reported: 92.5% would recommend Sidekick to a fellow veteran 85.1% felt better able to identify available VA resources 80.5% felt they had better access to VA resources and staff Built for moments when people need clear answers fast. The same architecture now powers every Sidekick channel. Sidekick provides informational and educational support only and does not make official VA, benefits, medical, or other determinations. This pilot was conducted under a Cooperative Research and Development Agreement (CRADA) with the U.S. Department of Veterans Affairs. No VA endorsement of Sidekick Wellness Inc. or its products or services is intended or implied. Ask Sidekick [Create your channel](https://portal.sidekickplatform.com/onboarding) Who is Sidekick for? ## Built for every way knowledge gets shared. ### Creators Transform hundreds of hours of content into a searchable, conversational archive that keeps working long after you publish. ### Organizations Allow members to find the right information without navigating complex websites. ### Educators & Universities Help students revisit material, ask questions, and find support. ### Nonprofits Help communities understand services, benefits, and resources. ### Healthcare Advocates Help people find approved health, recovery, and wellbeing resources their organization has prepared. ### Researchers Turn publications, papers, and reports into practical answers. Ask Sidekick [Create your channel](https://portal.sidekickplatform.com/onboarding) Why Now ## AI is changing how people discover information. The conditions for Sidekick have never been better. Conversational AI has matured to the point where turning a structured body of knowledge into an interactive, always-available channel is practical for any organization, expert, or creator, not just large enterprises with engineering teams. For creators and experts, this means hundreds of hours of podcasts, lectures, research, and coaching frameworks can now become a living, searchable channel that works for audiences around the clock, in your voice, grounded in your work, with your audience relationship intact. For organizations and enterprises, the tools to activate institutional knowledge at scale now exist. Onboarding, compliance, member support, and internal navigation no longer require a choice between expensive infrastructure and static documents. The audiences are already there. People have shifted how they seek information. They ask, they converse, they expect immediate answers. What has been missing is a way for knowledge owners to meet that behavior on their own terms, with their own content, under their own brand. The window to define how your knowledge is discovered, trusted, and experienced is open now. Ask Sidekick [Create your channel](https://portal.sidekickplatform.com/onboarding) Pricing ## Simple, transparent pricing. Free for up to 10 users. Beyond that, simple per-user pricing that scales down as your audience grows. ### Up to 10 users Free [Create your channel](https://portal.sidekickplatform.com/onboarding) ### 11–100 users $5per user / month ### 101–1,000 users $4per user / month ### 1,001+ users $3per user / month Frequently Asked Questions ## Direct answers to the most common questions. **What is Sidekick?** Sidekick is an AI knowledge platform that converts expert content, including videos, podcasts, PDFs, and research, into branded conversational AI channels, allowing audiences to ask questions and receive answers grounded in approved, source-attributed material. **How is Sidekick different from ChatGPT?** ChatGPT answers from the open web with no organizational attribution or controls. Sidekick answers only from content an organization has uploaded and approved, with responses designed to trace back to its source. Your content remains yours, and your audience engages through your branded Sidekick experience. **Does Sidekick use only approved content?** Yes. Responses are designed to stay grounded in content the organization or expert has approved. There is no open web access. If a question goes beyond the approved content, Sidekick acknowledges the limit rather than guessing. **Does Sidekick train on customer data?** No. Private content is not used to train shared AI models or any other organization's system without authorization. Your institutional intelligence remains yours. **Who is Sidekick for?** Sidekick serves two primary audiences: enterprises and institutions (government agencies, nonprofits, healthcare organizations, universities, and global enterprises) and individual expert creators (researchers, educators, coaches, podcasters, and consultants). **What content formats does Sidekick support?** Sidekick supports documents, PDFs, videos, podcasts, research papers, training materials, playbooks, and course content. No reformatting is required before upload. **Does Sidekick work on iPhone and Android?** Yes. Sidekick is available through any web browser and as native apps on the Apple App Store and Google Play. It operates 24/7 in multiple languages. **How does Sidekick preserve attribution?** Sidekick answers are designed to trace back to the specific approved source they came from. Experts retain authorship of their content, and audience relationships stay connected to the expert who built the knowledge. **What results has Sidekick produced?** In a study with over 1,000 veterans: 92.5% would recommend Sidekick, 85% reported improved ability to identify VA resources, and 80% reported improved ability to access VA staff and services. **How much does Sidekick cost?** The first 10 users are free with no commitment. Enterprise pricing is available on request based on user count, content volume, and required integrations. **Can Sidekick make mistakes?** Sidekick is designed to ground answers in approved content and provide source attribution so important information can be checked. ## Have questions? The fastest way to understand Sidekick is to talk to it. Ask Sidekick [Create your channel](https://portal.sidekickplatform.com/onboarding) [Request a demo](mailto:sales@sidekickplatform.com) --- # Privacy Policy URL: https://sidekickwellness.com/privacy.html --- LAST UPDATED: JUNE 8, 2026 Privacy Policy This Privacy Policy (“Policy”) is designed to help you understand how Sidekick Wellness Inc. (“Sidekick”, “we”, “us”, or “our”) collects, uses, and shares your personal information and help you understand and exercise your privacy rights. This Policy applies to Sidekick’s processing of personal information including on our website available at [www.sidekickplatform.com](http://www.sidekickplatform.com) and our other online or offline offerings which link to, or are otherwise subject to, this Policy (collective, the “Services”). Where you use our mobile application or interact with Sidekicks, some information you provide may be sensitive, including private conversations, uploaded files, voice inputs, audio recordings, transcripts, precise location information, or information that may constitute consumer health data. This Policy explains how we collect, use, disclose, retain, and protect that information. We do not use private conversations with Sidekicks, uploaded files, audio recordings, voice inputs, transcripts, precise location information, or consumer health data for targeted advertising, cross-context behavioral advertising, or third-party marketing. 1. UPDATES TO THIS PRIVACY POLICY 2. PERSONAL INFORMATION WE COLLECT 3. HOW WE USE PERSONAL INFORMATION 4. HOW WE DISCLOSE PERSONAL INFORMATION 5. YOUR PRIVACY CHOICES AND RIGHTS 6. SECURITY OF YOUR INFORMATION 7. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION 8. RETENTION OF PERSONAL INFORMATION 9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS 10. CHILDREN’S PERSONAL INFORMATION 11. THIRD-PARTY WEBSITES/APPLICATIONS 12. CONTACT US ANNEX A: SUPPLEMENTAL CONSUMER HEALTH DATA PRIVACY STATEMENT # 1. UPDATES TO THIS PRIVACY POLICY We may update this Privacy Policy from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Policy on our website and/or we may also send other communications. # 2. PERSONAL INFORMATION WE COLLECT We collect personal information you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources, as described below. - Personal Information You Provide to Us Directly We may collect personal information that you provide to us. - Account Information. We may collect personal information in connection with the creation or administration of your account. This personal information may include, but is not limited to, your name, email address, phone number, username, and other information you store with your account. - Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details). - Your Communications with Us. We, and our service providers, may collect and store the information you communicate to us, including chat communications with our AI agents. - Audio Information. When you speak to your Sidekick using voice features, we access your device’s microphone and record or process your voice input. Audio recordings, voice inputs, transcripts, and related voice-feature records may be transmitted to and stored on our servers to provide, operate, maintain, secure, troubleshoot, and support the Services, including to process and respond to your voice interactions with our Sidekicks. We access the microphone only with your permission, which you can revoke at any time in your device settings. We do not use your audio recordings, voice inputs, transcripts, or related voice-feature records to train, fine-tune, benchmark, evaluate, or improve generalized AI models or third-party AI models, unless you or the organization that made the Services available to you expressly authorizes that use and applicable law permits it. - Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey. - Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public.” - Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners. - Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events. - Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities. - Job Applications. If you apply for a job with us, we will collect any personal information you provide in connection with your application, such as your contact information and CV. - Personal Information Collected Automatically We may collect personal information automatically when you use the Services. - Device Information. We may collect personal information about your device, such as your Internet protocol (IP) address, user settings, cookie identifiers, other unique identifiers, browser or device information, Internet service provider, and location information, including approximate location derived from IP address and, with your consent, precise location information collected via our mobile application to provide location-based features, such as helping identify nearby resources or improving the relevance of support provided through the Services. - Usage Information. We may collect personal information about your use of the Services, such as the pages that you visit, items that you search for, the types of content you interact with, information about the links you click, the frequency and duration of your activities, and other information about how you use the Services. - Cookie Notice (and Other Technologies). We, as well as third parties, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect personal information through your use of the Services. - Cookies. Cookies are small text files stored in device browsers. - Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects personal information about use of or engagement with the Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. Our uses of these Technologies fall into the following general categories: - Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality; - Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services; - Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed; See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies. - Personal Information Collected from Third Parties We may collect personal information about you from third parties. - Third-Party Services and Sources. We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings. Additionally, we may collect information from publicly available sources, such as publicly available websites or directories. - Clients or Other Organizations. We may receive your personal information from our clients or other organizations, such as your employer or school (if we are providing Services to you at the request of such an organization), in connection with one or more business purposes, including to make our Services available to you. # 3. HOW WE USE PERSONAL INFORMATION We use personal information for a variety of business purposes, including to provide the Services, for administrative purposes, and to market our products and Services, as described below. - Provide the Services We use personal information to fulfill our contract with you and provide the Services, such as: - Managing your information; - Providing access to certain areas, functionalities, and features of the Services; - Answering requests for support; - Sending you SMS messages for purposes of authentication; - Communicating with you; - Sharing personal information with third parties as needed to provide the Services; - Processing your financial information and other payment methods for products and Services purchased; and - Allowing you to register for events. - Administrative Purposes We use personal information for various administrative purposes, such as: - pursuing our legitimate interests, including network and information security, fraud prevention, service reliability, and product support; - detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity; - carrying out analytics to understand performance, reliability, safety, and engagement with the Services; - maintaining, debugging, improving, upgrading, and enhancing the Services, including through artificial intelligence and other methods, subject to the limitations described in this Policy; - creating de-identified and/or aggregated information. If we create or receive de-identified information, we will not attempt to reidentify such information unless permitted by, or required to comply with, applicable laws; - ensuring internal quality control and safety; - authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy; - auditing interactions, transactions, and other compliance activities; - enforcing our agreements and policies; and - carrying out activities required to comply with our legal obligations. We do not use your private conversations, uploaded files, audio recordings, voice inputs, transcripts, Inputs, Outputs, or consumer health data to train, fine-tune, benchmark, evaluate, or improve generalized AI models or third-party AI models, unless you or the organization that made the Services available to you expressly authorizes that use and applicable law permits it. - Marketing and Advertising Our Products and Services Your personal information may be used to tailor and provide you with marketing and other content as permitted by applicable law. We do not use private conversations with Sidekicks, uploaded files, audio recordings, voice inputs, transcripts, precise location information, or consumer health data for targeted advertising, cross-context behavioral advertising, or third-party marketing. We do not sell consumer health data. California Shine the Light: If you are a California resident, you may annually submit a request to us to find out whether we have shared your personal information with third parties for the third parties’ direct marketing purposes. If you would like to submit such a request, please “Contact Us.” If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below. - With Your Consent or Direction We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information, with your consent, or as otherwise directed by you. - Automated Decision Making We may engage in automated decision making, including profiling. Sidekick’s processing of your personal information will not result in a decision based solely on automated processing that has a legal or other similarly significant effect on you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making. If you have questions about our automated decision making, you may contact us as set forth in “Contact Us” below. # 4. HOW WE DISCLOSE PERSONAL INFORMATION We disclose personal information to third parties for a variety of business purposes, including to provide the Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below. - Disclosures to Provide the Services We may disclose any of the personal information we collect to the categories of third parties described below. - Service Providers. We may disclose personal information and chat communications with our AI agents (“Sidekicks”) to third-party service providers who use that information to help us provide our Services and provide our chat features. This includes, but is not limited to, service providers who provide us with platform support, including IT support, hosting, payment processing, customer service, and quotes and other information for banking, legal, insurance, analytics, and related services. - AI Processing and Service Providers. To provide certain platform features, user-submitted content, including messages, inputs, uploaded files, audio recordings, voice inputs, transcripts, and related voice-feature records, may be transmitted to third-party service providers, including Amazon Web Services (AWS) and OpenAI, for processing on our behalf. These providers act solely as service providers and are contractually required to safeguard data. They are prohibited from retaining, using, or disclosing your data for any purpose other than providing the specified services to us. We do not permit third-party AI providers to use your data to train their models. We store user content in connection with your account to support functionality, security, troubleshooting, support, and analytics as described in this Policy. - Third-Party Services With Whom You Share or Interact. The Services may link to or allow you to interface, interact, share information with, direct us to share information with, access and/or use third-party websites, applications, services, products, and technology (each a “Third-Party Service”). Any personal information shared with a Third-Party Service will be subject to the Third-Party Service’s privacy policy. We are not responsible for the processing of personal information by Third-Party Services. - Our Clients (Authorized Users Only). If you use our Services as an authorized user of a client or other organization, we may provide that client or organization with limited usage information associated with your use of the Services, such as engagement metrics. We do not provide the client or organization with access to your private conversations with Sidekicks unless you direct us to do so, the client or organization is legally authorized to receive them, disclosure is required or permitted by law, disclosure is necessary to protect safety or security, or the applicable client or organization agreement and user-facing disclosures expressly permit such access. We are not responsible for the client’s or organization’s processing of your personal information. - Affiliates. We may share your personal information with our corporate affiliates. - Disclosures to Protect Us or Others We may access, preserve, and disclose any information we store associated with you to external parties, if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity. - Disclosure in the Event of Merger, Sale, or Other Asset Transfers If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction as permitted by law and/or contract. # 5. YOUR PRIVACY CHOICES AND RIGHTS ## A. Your Privacy Choices. The privacy choices you may have about your personal information are described below. - Email Communications. If you receive an unwanted promotional email from us, you can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails. We may also send you certain non-promotional communications regarding us and the Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy). - Text Messages. If you receive an unwanted promotional text message from us, you can reply “STOP” to opt out of receiving future promotional texts. Note that you will continue to receive transaction-related text messages. We may also send you certain non-promotional communications regarding us and the Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy). - Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application to provide location-based features, such as helping identify nearby resources or improving the relevance of support provided through the Services. You may opt out of this collection by changing the settings on your mobile device. To request deletion of your account, please use the standard deletion functionality available via the Services or contact us using the information set forth in “Contact Us” below. - Do Not Track signals and Global Privacy Control. Some web browsers incorporate “do-not-track” (“DNT”) or similar features signaling to websites with which the browser communicates that a visitor does not want to have their online activity tracked. As of the Effective Date, not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we along with many other digital service operators do not respond to all DNT signals. We recognize GPC signals as required under certain state privacy laws, but we do not currently recognize other DNT signals. For more information about the Global Privacy Control, please visit [https://globalprivacycontrol.org](https://globalprivacycontrol.org). - Cookies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of certain tracking on some mobile applications by following the instructions for [Android](https://support.google.com/googleplay/android-developer/answer/6048248?hl=en), [iOS](https://support.apple.com/en-us/HT202074), and [others](https://www.networkadvertising.org/mobile-choice/). The online advertising industry also provides mechanisms that may allow you to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the [Network Advertising Initiative](http://www.networkadvertising.org/managing/opt_out.asp) and [the Digital Advertising Alliance](https://youradchoices.com/control). Please note you must separately opt out in each browser and on each device. ## B. Your Privacy Rights. In accordance with applicable law, you may have the right to: - Confirm Whether We Are Processing Your Personal Information; - Request Access to or Portability of Your Personal Information; - Request Correction of Your Personal Information; - Request Deletion of Your Personal Information; - Request Restriction of or Object to our Processing of Your Personal Information; and - Withdraw Your Consent to our Processing of Your Personal Information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal. If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws. Only you, or someone legally authorized to act on your behalf in certain jurisdictions, may make a request to exercise the rights listed above regarding your personal information. If your personal information is subject to a law that allows an authorized agent to act on your behalf in exercising your privacy rights and you wish to designate an authorized agent, please provide written authorization signed by you and your designated agent using the information found in “Contact Us” below and ask us for additional instructions. To protect your privacy, we will take steps to verify your identity before fulfilling requests submitted under applicable privacy laws. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Examples of our verification process may include asking you to confirm the email address we have associated with you. Some laws may allow you to appeal our decision if we decline to process your request. If applicable laws grant you an appeal right, and you would like to appeal our decision with respect to your request, you may do so by informing us of this and providing us with information supporting your appeal. # 6. SECURITY OF YOUR INFORMATION We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure. By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you. # 7. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. # 8. RETENTION OF PERSONAL INFORMATION We and our service providers store the personal information collected as described in this Privacy Policy, including audio recordings, voice inputs, and any transcripts or other records generated from voice features, for as long as you use the Services, or as necessary to fulfill the purpose(s) for which it was collected, provide the Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means. The specific retention period may vary depending on the type of information and the context in which it was collected. For example: - Account information is generally retained while your account is active and as needed for support, security, legal, and operational purposes. - Conversation history, uploaded files, and transcripts may be retained in connection with your account to provide the Services, preserve conversation history, support functionality, troubleshoot issues, and comply with applicable legal or organizational requirements. - Audio recordings and voice inputs may be retained as needed to provide and support voice features, troubleshoot issues, maintain security, and comply with applicable legal or organizational requirements. Where we no longer need audio recordings for these purposes, we may delete or de-identify them. - Technical logs, device information, and usage information may be retained for security, debugging, abuse prevention, audit, analytics, and service-improvement purposes. - De-identified or aggregated information may be retained as permitted by law, provided we do not attempt to re-identify de-identified information except as permitted by law. # 9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note we do not currently sell personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as described in “Contact Us” below. # 10. CHILDREN’S PERSONAL INFORMATION The Services are not directed to children under 16 and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to the Services in violation of applicable law, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account if applicable. # 11. THIRD-PARTY WEBSITES/APPLICATIONS The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk. # 12. CONTACT US If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at: Sidekick Wellness Inc. PO Box 261160 Encino, CA 91426 legal@sidekickplatform.com ANNEX A – SUPPLEMENTAL CONSUMER HEALTH DATA PRIVACY STATEMENT This Supplemental Consumer Health Data Privacy Statement (“Consumer Health Data Privacy Statement”) supplements our Privacy Policy. This Supplemental Consumer Health Data Privacy Statement only applies to personal information we process that is “consumer health data” subject to the Connecticut Data Privacy Act, as amended (“CTDPA”), Nevada’s Consumer Health Data Privacy Law (“NVCHDPL”), Washington My Health My Data Act (“MHMDA”), or other states with consumer health data privacy laws (as applicable). Terms used in this Supplemental Consumer Health Data Privacy Statement that are defined in the CTDPA, NVCHDPL, or MHMDA will have the meaning set forth in those laws to the extent such laws are applicable. CONSUMER HEALTH DATA WE COLLECT Under CTDPA, “consumer health data” is defined as “any personal data that a controller uses to identify a consumer's physical or mental health condition or diagnosis, and includes, but is not limited to, gender-affirming health data and reproductive or sexual health data.” Under NVCHDPL, “consumer health data” is defined as “personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer.” Under the MHMDA, “consumer health data” is defined as “personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status.” Because consumer health data is defined very broadly, many of the categories of personal information that we collect under our Privacy Policy may also be considered consumer health data. Examples of consumer health data that you may provide to us, or that we may otherwise collect, may include: - Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we collect your search queries on our Services, which may include queries or other information concerning nutrition, wellness, fitness, medical conditions, or other health-related topics. - Audio recordings, voice inputs, transcripts, and other records generated from voice features may constitute consumer health data when they contain, reveal, or are used to identify information about your physical or mental health, wellness, fitness, symptoms, conditions, treatments, care-seeking activity, or other health-related topics. - Information about your health-related conditions, symptoms, status, diagnoses, disease, testing, or treatments. - Information about social, psychological, behavioral, and medical interventions. - Information about use or purchase of prescribed medication. - Information about measurements of bodily functions, vital signs, symptoms, or characteristics. - Information about diagnoses or diagnostic testing, treatment, or medication. - Information about surgeries or other health-related procedures. - Reproductive or sexual health information. - Information about gender-affirming care. - Biometric information. - Genetic data. - Information about your access to healthcare, including precise location information that could reasonably indicate an attempt to acquire or receive health services or supplies. - Information processed to associate or identify an individual with the data listed above that is derived or extrapolated from non-health information. - Information related to the precise (geo)location information of a consumer used to indicate an attempt by a consumer to receive health care services or products. - Other information that may be used to infer or derive data related to the above or other consumer health data. SOURCES OF CONSUMER HEALTH DATA We collect consumer health data that you provide to us, including through text, chat, audio recordings, voice inputs, and other interactions with our Services; consumer health data we collect automatically when you use the Services; and consumer health data from third-party sources, as described in our Privacy Policy and below. WHY WE COLLECT AND USE CONSUMER HEALTH DATA We collect and use consumer health data for the purposes and in the manner described in the “How We Use Personal Information” section of our Privacy Policy. Primarily, we collect and use consumer health data as reasonably necessary to provide you with the products or Services you have requested or authorized. This may include delivering and operating the products or Services and their features, personalization of certain product or Service features, ensuring the secure and reliable operation of the products or Services and the systems that support them, troubleshooting and improving the products and Services, and other essential business operations that support the provision of the products and Services (such as analyzing our performance and meeting our legal obligations). Where you use voice features, this may include collecting, processing, storing, transcribing, analyzing, and responding to audio recordings, voice inputs, and related records as reasonably necessary to provide, operate, personalize, troubleshoot, secure, and improve those features and the Services. We may also use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law. We do not use consumer health data to train, fine-tune, benchmark, evaluate, or improve generalized AI models or third-party AI models unless you or the organization that made the Services available to you expressly authorizes that use and applicable law permits it. SHARING OF CONSUMER HEALTH DATA We may share each of the categories of consumer health data described above for the purposes described above and in the How We Disclose Personal Information section of our Privacy Policy. We only share or disclose your consumer health data as needed to provide the products or Services you request or authorize, with your explicit consent, or as otherwise permitted or required by law. We do not sell consumer health data. We do not share consumer health data for targeted advertising, cross-context behavioral advertising, or third-party marketing. We may share consumer health data with the following categories of recipients, who may use the data only for the purposes described in this Consumer Health Data Privacy Statement, our Privacy Policy, and our contracts with them: - Service providers, including providers that host or process data on our behalf, support chat and voice features, assist with fraud prevention, incident management, customer support, information technology, security, analytics, and other operational services. - AI processing and infrastructure providers, including providers that process messages, inputs, audio recordings, voice inputs, transcripts, and related records on our behalf. We do not permit third-party AI providers to use consumer health data to train their models. - Emergency personnel or safety resources, where disclosure is reasonably necessary to protect your safety or the safety of others. - Authorized representatives, legal representatives, family members, or caregivers, where you direct us to share the information, where they are legally authorized to receive it, or where disclosure is otherwise permitted or required by law. - Clients or organizations that make the Services available to you, but only as described in this Policy, applicable user-facing disclosures, and our agreements with those clients or organizations. - Professional advisors, such as lawyers, auditors, consultants, and insurers, where reasonably necessary for legal, compliance, audit, insurance, or governance purposes. - Legal, regulatory, law enforcement, or governmental authorities, where required or permitted by law. - Successor organizations, if we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale or transfer of assets, transition of service to another provider, or similar corporate transaction, as permitted by law and/or contract. HOW TO EXERCISE YOUR RIGHTS The CTDPA, MHMDA, and NVCHDPL provide consumers with certain rights with respect to consumer health data. Under CTDPA, we are required to obtain consumer consent prior to selling or offering to sell consumer health data. Consumers have the right to: (i) confirm whether we are collecting or sharing consumer health data; (ii) have us provide the categories of consumer health data that it shares with third parties and the categories of third parties with which it shares consumer health data; and (iii) withdraw consent from our selling of consumer health data. Under NVCHDPL, consumers have the right to: (i) confirm whether we are collecting, sharing or selling consumer health data; (ii) have us provide the consumer with a list of all third parties with whom we have shared consumer health data relating to the consumer or to whom we have sold such consumer health data; (iii) request that we cease collecting, sharing, or selling consumer health data relating to the consumer; and (iv) request that we delete consumer health data. Under MHMDA, consumers have the right to: (i) confirm whether we are collecting, sharing, or selling consumer health data and to access such data; (ii) withdraw consent from our collection and sharing of consumer health data; and (iii) request that we delete consumer health data. The rights afforded to consumers under CTDPA, NVCHDPL, and MHMDA are subject to certain exceptions. Subject to certain legal limitations and exceptions, you have the following rights with respect to any consumer health data we may collect about you: - The right to confirm whether we are collecting, sharing, or selling your consumer health data and to access such data, including to receive a list of affiliates or specific third parties with whom we have shared or sold your information, along with contact information such as an active email address for each third party; - The right to review and request corrections to your consumer health data; - The right to withdraw consent from our collection or sharing of your consumer health data; and - The right to request that we delete your consumer health data. You may submit a request pursuant to any of these rights by contacting us as described in the “Your Privacy Rights” section of the Privacy Policy. We will not discriminate against you for exercising any of your rights. We will make reasonable efforts to respond promptly to your requests in accordance with applicable laws. Please allow 45 days for a response. We may, after receiving your request, require additional information from you to authenticate your request and verify your identity. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so. If we deny your request, you have the right to appeal that denial by contacting us as described in the “Your Privacy Rights” section of the Privacy Policy. We will process and respond to your appeal within the time permitted by applicable law. If you are a Washington resident and your appeal is unsuccessful, you may file a complaint with the Washington State Attorney General at [www.atg.wa.gov/file-complaint](https://www.atg.wa.gov/file-complaint). CHANGES TO OUR CONSUMER HEALTH DATA PRIVACY STATEMENT We may update this Consumer Health Data Privacy Statement from time to time. When we do update it, for your convenience, we will make the updated statement available on this page. Our intention is to use consumer health data in accordance with the Consumer Health Data Privacy Statement in place at the time the consumer health data was collected. --- # Customer Terms of Service URL: https://sidekickwellness.com/tos.html --- # CUSTOMER TERMS OF SERVICE Effective June 8, 2026 PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF SERVICE ("Agreement") GOVERN YOUR ACCESS TO AND USE OF THE SIDEKICK PLATFORM (AS DEFINED BELOW) AS PROVIDED BY SIDEKICK WELLNESS INC. ("SWI"), INCLUDING BUT NOT LIMITED TO, ANY FREE, TRIAL, BETA OR PAID SERVICES OR SOFTWARE. By clicking on the "I agree to" button (or any similar button) that is presented to you at the time of sign-up, by accessing or using the Sidekick Platform, or by otherwise indicating your acceptance of a Service Order (as defined below), you agree to be bound by this Agreement. The date you clicked such button, accepted a Service Order, or otherwise agreed to be bound by this Agreement is the "Effective Date". SWI may modify this Agreement from time to time, subject to Section 9.3 below. This Agreement applies to any customer that subscribes to, purchases, receives, or otherwise accesses the Sidekick Platform as a customer, whether the customer is an organization, other legal entity, sole proprietor, or individual acting on their own behalf. For purposes of this Agreement, “Customer” means the person or entity that accepts this Agreement, enters into a Service Order, creates or maintains an account, purchases or receives credits or other usage-based access, subscribes to a plan, or otherwise accesses or uses the Sidekick Platform as a customer. An individual’s use of the Sidekick Platform is governed by this Agreement when the individual accesses or uses the Sidekick Platform as a Customer, including by purchasing credits, subscribing to a plan, creating, administering, or otherwise accessing a Customer account, or otherwise obtaining access to the Sidekick Platform on their own behalf. An individual’s use of the Sidekick Platform is governed by SWI’s End User Terms when the individual accesses or uses the Sidekick Platform as an end user through an organization, customer, or other third party that has made the Sidekick Platform available to that individual, unless the individual separately acts as a Customer. If there is a conflict between this Agreement and SWI’s End User Terms with respect to a particular use of the Sidekick Platform, this Agreement governs the individual’s use in their capacity as a Customer, and the End User Terms govern the individual’s use in their capacity as an end user, except to the extent otherwise expressly stated in a Service Order or other written agreement with SWI. You represent to us that you are lawfully able to enter into contracts. If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to this Agreement, and the term “Customer” will refer to that entity. If you are accepting this Agreement on your own behalf, you represent that you are accepting this Agreement as an individual Customer, and the term “Customer” will refer to you. If you do not have such authority, are not lawfully able to enter into contracts, or do not agree with this Agreement, you must not accept this Agreement and must not access or use the Sidekick Platform or any related services. You acknowledge and agree that: ● SWI is commercializing a proprietary technology solution that enables organizations, creators, and other customers to transform, organize, and make available their content, knowledge, media, and other materials through interactive, expert-guided digital experiences, including agent conversations and media-based experiences (the "SWI Platform"); ● Customer desires to access and use the Sidekick Platform and, where applicable, to provide its personnel, members, users, or other authorized individuals with access to and use of the Sidekick Platform, and SWI is willing to provide such access and use subject to the terms and conditions of this Agreement and the applicable Service Order; ● Access to and use of the Sidekick Platform may be provided on a paid, free, trial, beta, promotional, credit-based, usage-based, subscription, professional services, or other basis, as specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms accepted by Customer. For and in consideration of the mutual promises and covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer agrees to the following terms and conditions: 1. SIDEKICK PLATFORM; ACCESS AND USE 1.1 Plans and Service Orders. Customer may access and use the Sidekick Platform under one or more plans, subscriptions, usage arrangements, credit packages, trials, beta programs, professional services arrangements, or other ordering arrangements made available by SWI from time to time, whether through SWI’s website, online checkout or sign-up process, the Sidekick Platform, or an ordering document accepted by the Parties. Each applicable plan, subscription, usage arrangement, credit package, trial, beta program, professional services arrangement, website order, online checkout or sign-up flow, platform-based order, or ordering document may be referred to in this Agreement as a “Service Order” or “Subscription Plan,” as applicable. For clarity, a Service Order may include an ordering document signed or accepted by the Parties, an order submitted through SWI’s website, an online checkout or sign-up flow, a platform-based order, or other ordering terms accepted by Customer. The applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms will specify the commercial terms applicable to Customer’s access to and use of the Sidekick Platform, which may include fees, payment terms, usage credits, usage limits, renewal terms, expiration periods, permitted users, support terms, professional services, or other plan-specific terms. 1.2 Free, Trial, Beta, or Promotional Access. SWI may make certain free, trial, beta, promotional, or limited-access versions of the Sidekick Platform available from time to time, subject to any eligibility criteria, usage limits, credit allocations, duration limits, feature limitations, support limitations, or other restrictions specified by SWI in the applicable Service Order, Subscription Plan, online sign-up flow, or other applicable terms. If Customer exceeds or no longer satisfies the applicable eligibility criteria, limits, or restrictions, SWI may require Customer to purchase a paid plan, credits, additional usage rights, or other paid access to continue using the Sidekick Platform. 1.3 Paid Access. Paid access to the Sidekick Platform is subject to Customer’s payment of the Fees and compliance with any usage limits, credit terms, plan restrictions, and other commercial terms set forth in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms accepted by Customer. Fees may be based on one or more billing metrics, including credits, usage, consumption, subscription access, features, volume, duration, professional services, or any other metric specified in the applicable ordering terms. 1.4 Access, Definitions, and Use. Subject to this Agreement and Customer’s payment of all applicable Fees, SWI grants Customer a non-exclusive right to access and use the Sidekick Platform during the applicable Term and in accordance with the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. Access is contingent upon Customer maintaining an applicable plan, credit balance, usage allocation, subscription, account, or other authorized access arrangement in good standing. (a) “Authorized User” means, as applicable: (i) an individual Customer using the Sidekick Platform on their own behalf; or (ii) a unique individual who has been invited or authorized by Customer to access and use the Sidekick Platform and has successfully registered for an account through the Sidekick Platform. Customer is responsible for administering Authorized User access and for all activity by its Authorized Users in accordance with this Agreement and the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. (b) “Credits” means prepaid, included, promotional, trial, or other usage credits that may be applied toward access to or use of the Sidekick Platform, as specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. Credits may be subject to usage rules, consumption rates, expiration dates, renewal terms, replenishment requirements, limitations, or other restrictions specified in the applicable ordering terms. (c) “Usage Units” means credits, tokens, messages, conversations, minutes, documents, storage, transactions, or other usage-based units or measures used to calculate, limit, meter, or administer Customer’s access to or use of the Sidekick Platform, as specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. 1.5 Credits and Usage. If Customer purchases or receives Credits or other Usage Units, Customer may use those Credits or Usage Units for access to and use of the Sidekick Platform in accordance with the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. Credits and other Usage Units are subject to any usage rules, consumption rates, expiration dates, renewal terms, refund terms, transfer restrictions, and other limitations specified in the applicable ordering terms. Unless otherwise specified in the applicable ordering terms, Credits and other Usage Units are not redeemable for cash and may be used only for access to and use of the Sidekick Platform. 1.6 Free, Trial, Beta, and Promotional Disclaimer. If Customer accesses the Sidekick Platform through any free, trial, beta, promotional, or similar limited-access offering, including any free or promotional Credits or Usage Units: (i) such access is provided “AS IS” and without warranty of any kind, notwithstanding Section 7; and (ii) SWI may modify, suspend, or terminate such access, offering, Credits, or Usage Units at any time, unless otherwise specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. 1.7 Customer Responsibilities. Customer understands that SWI’s performance is dependent in part on the content, configuration decisions, access controls, usage decisions, and actions of Customer and its administrators, subject matter experts, and Authorized Users. Accordingly, Customer will perform all required actions requested by SWI in connection with the implementation, administration, and use of the Sidekick Platform. Customer is responsible for administering Authorized User access, monitoring usage, and managing any Credits, Usage Units, usage limits, or other access arrangements applicable to Customer’s account, except to the extent otherwise specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. 2. PROFESSIONAL SERVICES Customer may, from time to time, request that SWI perform professional services with respect to the Sidekick Platform (collectively, "Professional Services"). SWI may agree to perform such Professional Services upon mutual written agreement of the Parties (including by email) or via a Service Order, provided that such agreement explicitly sets forth the scope of services, the associated fees, and the applicable payment terms. 3. RESTRICTIONS; OWNERSHIP AND LICENSES 3.1 Restrictions. Customer will not at any time and will not encourage, assist, permit or enable any person (including, without limitation, Authorized Users) to, directly or indirectly: (i) use the Sidekick Platform in any manner beyond the scope of rights expressly granted in this Agreement; (ii) modify or create derivative works of the Sidekick Platform or any associated documentation, in whole or in part; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software component of the Sidekick Platform, in whole or in part; (iv) frame, mirror, sell, resell, rent or lease use of the Sidekick Platform to any other person, or otherwise allow any person to use the Sidekick Platform for any purpose other than for the benefit of Customer in accordance with this Agreement; (v) use the Sidekick Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including publicity or privacy), or that violates any applicable law; (vi) post, upload, publish, submit or transmit any content that: (a) infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including publicity or privacy), (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment, abuse or harm against any individual or group; (f) is violent, intimidating or threatening or promotes violence or actions that are threatening to any person or entity; (g) promotes illegal or harmful activities or substances; (vii) access, tamper with, or use non-public areas of the Sidekick Platform, SWI's computer systems, or the technical delivery systems of SWI's providers; (viii) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (ix) provide any information that is intended to misinform, misdirect, mislead, or otherwise deceive any users of the Sidekick Platform or any other third party; (x) violate any applicable law or regulation, or policies (including usage or AI policies); (xi) use any information contained in or made available through the Sidekick Platform to train, improve or have trained or improved an AI model (e.g., engage in "model scraping"); (xii) interfere with, or disrupt the integrity or performance of, the Sidekick Platform, or any data or content contained therein or transmitted thereby, (xiii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Sidekick Platform; (xiv) attempt to probe, scan or test the vulnerability of the Sidekick Platform or any other SWI system or network or breach any security or authentication measures; (xv) access or search the Sidekick Platform (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Sidekick Platform features provided by SWI for use expressly for such purposes; (xvi) use the Sidekick Platform for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Sidekick Platform. Notwithstanding anything to the contrary under this Agreement, SWI reserves the right to, in each case without notice, remove or disable access to any Customer Content in violation of this Section 3.1, as determined by SWI and/or terminate or suspend access to the Sidekick Platform by any Authorized User that has violated this Section 3.1, as determined by SWI. 3.2 SWI Ownership. Customer acknowledges and agrees that, as between SWI and Customer, SWI exclusively owns all rights, title and interest in and to the Sidekick Platform, including any improvements, modifications, enhancements, or customizations thereto or thereof, and any associated usage metrics. 3.3 Customer Content. As between Customer and SWI, Customer exclusively owns all right, title and interest in and to all content uploaded or otherwise provided by Customer or its Authorized Users to the Sidekick Platform ("Customer Content"). Customer hereby grants SWI a non-exclusive, worldwide, royalty-free right and license to use, host, process, reproduce, transmit, display, perform, and modify Customer Content solely as necessary to provide, operate, secure, maintain, support, and make available the Sidekick Platform to Customer and Authorized Users under this Agreement, and as otherwise expressly authorized by Customer. 3.4 Use of Customer Content and Authorized User Data for AI Systems. SWI will not use Customer Content, Authorized User interactions, private conversations, uploaded files, audio recordings, voice inputs, transcripts, Inputs, Outputs, or other private data provided through the Sidekick Platform to train, fine-tune, benchmark, evaluate, or improve generalized AI models or third-party AI models, except as expressly authorized by Customer and permitted by applicable law. SWI may use limited technical, usage, and diagnostic information to operate, secure, debug, maintain, analyze, and improve the performance, reliability, safety, and functionality of the Sidekick Platform, consistent with this Agreement and SWI’s Privacy Policy. 3.5 Usage Data. Notwithstanding anything to the contrary in this Agreement, SWI may collect, use, and analyze data regarding the use and performance of the Sidekick Platform by Customer and its Authorized Users (e.g., usage metrics, technical logs, and configuration data) (“Usage Data”). SWI may use Usage Data in aggregated or anonymized form to operate, secure, analyze, maintain, and improve the Sidekick Platform; develop and improve safety, reliability, and performance features; prevent abuse; generate analytics for Customer; and comply with legal obligations. For clarity, Usage Data does not include Customer Content, and SWI will not use Usage Data in a manner that identifies Customer or any Authorized User except as necessary to provide, secure, support, or administer the Sidekick Platform, comply with law, enforce this Agreement, or as otherwise authorized by Customer. 3.6 Privacy. SWI’s collection, use, disclosure, retention, and protection of personal information are described in SWI’s Privacy Policy. SWI will process personal information in accordance with this Agreement, the Privacy Policy, and applicable law. Customer is responsible for providing any notices and obtaining any consents or authorizations required for Customer’s collection, use, disclosure, and provision of Customer Content and Authorized User information to SWI. 3.7 Sensitive and Health-Related Information. Customer acknowledges that Customer Content or Authorized User interactions may include sensitive information or health-related information, including information that may constitute consumer health data under applicable law. SWI will handle such information in accordance with this Agreement, SWI’s Privacy Policy, and applicable law. Customer is responsible for determining whether Customer’s use of the Sidekick Platform requires any additional notices, consents, authorizations, agreements, or safeguards. 3.8 Customer Warranties. Customer represents and warrants that (i) it has obtained and will obtain and continue to have, during the Term, all necessary rights, authority and licenses for the access to and use of the Customer Content (including any personal data provided or otherwise collected pursuant to Customer's policies) as contemplated by this Agreement and (ii) SWI's use of the Customer Content in accordance with this Agreement will not violate any applicable laws or regulations or cause a breach of any agreement or obligations between Customer and any third party. 3.9 Feedback. From time to time Customer may provide SWI with suggestions, comments, feedback or the like with regard to the Sidekick Platform (collectively, “Sidekick Platform Feedback”). Customer hereby grants SWI a perpetual, irrevocable, royalty-free and fully-paid up license to use and exploit all Sidekick Platform Feedback in connection with SWI’s business purposes, including, without limitation, the maintenance, operation and improvement of the Sidekick Platform. For clarity, Sidekick Platform Feedback does not include Customer Content or private Authorized User interactions unless Customer expressly submits such information as feedback. 3.10 Fair Use Policy. Customer acknowledges that the Sidekick Platform utilizes shared AI, cloud, storage, and other technical resources. Customer’s use must be consistent with normal, human-operated business activity and any usage limits, credit balances, consumption rules, or other restrictions specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. SWI reserves the right to throttle, suspend, limit, or terminate access if Customer’s usage patterns, including automated high-volume queries, botting, scraping, credential sharing, attempts to avoid usage limits, cryptocurrency mining, or other abnormal usage, significantly exceed ordinary usage patterns, place an unreasonable burden on SWI’s infrastructure, or otherwise violate this Agreement or the applicable ordering terms. 4. CONFIDENTIALITY. Each Party agrees not to disclose or use (except as permitted in this Agreement) the Confidential Information of the other Party without the disclosing Party's prior written consent. "Confidential Information" means all confidential business, technical and financial information of the disclosing Party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. SWI's Confidential Information includes, without limitation, the SWI Platform and all documentation, and data and reports relating to the Sidekick Platform. Confidential Information does not include information that: (i) has become publicly known through no breach by the receiving Party; (ii) was rightfully received by the receiving Party from a third party who was not subject to a duty of confidentiality to the disclosing Party without restriction on use or disclosure; or (iii) is required to be disclosed by law or by a governmental authority (but only to the extent of such required disclosure). The obligations of confidentiality under this Section 4 shall survive for a period of five (5) years following the termination or expiration of this Agreement. The terms and conditions of this Agreement will constitute Confidential Information of each Party but may be disclosed on a confidential basis to a Party's advisors, attorneys, actual or bona fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes. 5. PAYMENT OF FEES 5.1 Fees. Customer agrees to pay the fees set forth in the applicable Service Order, Subscription Plan, online sign-up flow, invoice, or other ordering terms accepted by Customer (“Fees”). Fees may be based on credits, usage, consumption, subscription access, features, volume, duration, professional services, implementation services, support services, or any other billing metric specified in the applicable ordering terms. (a) Credits and Usage-Based Fees. If the applicable ordering terms provide for Credits, Usage Units, or other usage-based access, the applicable ordering terms may specify the number of Credits or Usage Units purchased or included, applicable consumption rates, usage limits, expiration periods, replenishment terms, overage terms, renewal terms, refund terms, transfer restrictions, and any other restrictions on use. Customer is responsible for monitoring its use of the Sidekick Platform and maintaining any required credit balance, usage allocation, payment method, subscription, account, or other authorized access arrangement. (b) Fee Adjustments. SWI reserves the right to adjust Fees, credit packages, consumption rates, usage limits, subscription terms, renewal terms, or other commercial terms applicable to Customer’s plan or access arrangement upon renewal, replenishment, additional purchase, or as otherwise specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. SWI will provide notice of material fee changes as required by the applicable ordering terms or applicable law. Customer agrees to pay the fees set forth in the Service Order or as otherwise communicated to Customer in accordance with this Agreement (“Fees”). 5.2 Payment Terms. Fees are due as specified in the applicable Service Order, Subscription Plan, online sign-up flow, invoice, or other ordering terms. Unless otherwise specified in the applicable ordering terms, Fees for prepaid Credits, Usage Units, subscriptions, or other paid access are due in advance. Customer authorizes SWI and its payment processors to store payment information and charge the applicable payment method for all Fees. For any Fees that are invoiced, including Professional Services, Customer shall pay all Fees within thirty (30) days after the date of SWI’s invoice, unless otherwise specified in the applicable Service Order or invoice. 5.3 Renewal, Replenishment, and Cancellation. If the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms provide for automatic renewal, recurring charges, automatic replenishment of Credits or Usage Units, or other recurring purchases, Customer authorizes SWI to charge the payment method on file in accordance with those terms unless Customer cancels before the applicable renewal, replenishment, or charge date. Customer may cancel recurring access, renewal, or replenishment as specified in the applicable ordering terms or through any cancellation mechanism made available by SWI. Unless otherwise specified in the applicable ordering terms, cancellation will be effective at the end of the then-current billing, subscription, access, or credit period, and no refunds will be issued for partial periods, unused access, unused Credits, or unused Usage Units. 5.4 Late Payment and Taxes. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Customer shall be responsible for all taxes associated with services provided hereunder other than U.S. taxes based on SWI’s net income. 5.5 Suspension of Service. In addition to any other remedies available, SWI reserves the right to suspend, limit, or terminate access to the Sidekick Platform if Customer fails to make any payment due hereunder in a timely manner, exhausts its available Credits or Usage Units, exceeds applicable usage limits, fails to maintain an authorized access arrangement in good standing, or otherwise fails to comply with this Agreement or the applicable ordering terms. 5.6 Billing Disputes. If Customer believes that SWI has billed Customer incorrectly or incorrectly calculated Customer’s Credits, Usage Units, consumption, or usage-based charges, Customer must contact SWI no later than thirty (30) days after the closing date on the first billing statement, transaction record, usage record, or invoice in which the error or problem appeared, in order to receive an adjustment or credit, if applicable. 6. TERM AND TERMINATION 6.1 Term. This Agreement shall commence on the Effective Date and will remain in full force and effect until terminated by either Party in accordance with Section 6.2 (the "Term"). 6.2 Termination. If either Party materially breaches any term of this Agreement and fails to cure such breach within sixty (60) days after notice thereof by the non-breaching Party (thirty (30) days in the case of non-payment), the non-breaching Party may terminate this Agreement immediately upon notice. Customer may terminate this Agreement for convenience for any reason, including no reason at all, without penalty, prejudice or further liability, upon thirty (30) days prior written notice to SWI. SWI may terminate this Agreement for convenience for any reason, including no reason at all, without penalty, prejudice or further liability, upon thirty (30) days prior written notice to the other Party. 6.3 Effect of Termination. Customer will pay in full for all Fees incurred up to and including the effective date of termination. Upon any termination or expiration of this Agreement: (a) Customer’s and, unless otherwise elected by SWI, Authorized Users’ right to access and use the Sidekick Platform shall immediately terminate, and Customer and, unless otherwise elected by SWI, its Authorized Users shall immediately cease all use of the Sidekick Platform; and (b) each Party shall return to the other Party or, at the other Party’s option, destroy all Confidential Information of the other Party in its possession. Upon Customer’s written request following termination or expiration of this Agreement, SWI will delete Customer Content in its possession or control within a commercially reasonable period, except to the extent retention is required by applicable law, necessary for legitimate backup, archival, security, legal, compliance, or dispute-resolution purposes, or otherwise permitted under this Agreement. Any retained Customer Content will remain subject to the confidentiality, privacy, security, and data-protection obligations applicable under this Agreement for so long as SWI retains it. If this Agreement is terminated by SWI for convenience pursuant to Section 6.2, or by Customer due to SWI’s uncured material breach pursuant to Section 6.2, SWI will refund prepaid Fees for unused access periods, unused Credits, or unused Usage Units only to the extent specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. If this Agreement is terminated by Customer for convenience, or by SWI due to Customer’s material breach, Customer is not entitled to any refund, credit, or other reimbursement except to the extent expressly specified in the applicable ordering terms or required by applicable law. 6.4 Survival. Sections 3, 4, 5 (limited to unpaid Fees), 7, 8, 9 and this Section 6.4, and any other provision that by its nature should survive expiration or termination, shall survive any expiration or termination of this Agreement. 6.5 Termination for Inactivity. SWI may, in its sole discretion, terminate this Agreement and the Customer’s account if there has been no activity (including log-ins or active Platform usage) for a period of eighteen (18) consecutive months. SWI will use commercially reasonable efforts to provide notice prior to such termination. Unless otherwise specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms, any unused Credits or Usage Units associated with an account terminated for inactivity will expire upon termination and will not be refunded. 7. WARRANTY AND DISCLAIMER 7.1 SWI represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; (ii) the Sidekick Platform will materially conform to the specifications set forth in SWI’s then-current official documentation for the Sidekick Platform. In the event that the Sidekick Platform fails to conform to the foregoing warranty, as Customer’s sole and exclusive remedy and SWI’s sole and exclusive liability for such failure, SWI will, at its expense, use commercially reasonable efforts to correct the non-conformity. Customer represents and warrants to SWI that Customer (i) has all right and authority necessary to enter into and perform this Agreement; and (ii) has all rights from third parties necessary to allow SWI to perform the activities set forth in this Agreement and (iii) has all rights from third parties necessary to provide SWI with all information about Authorized Users that it provides under an applicable Service Order and as it accesses and uses the Sidekick Platform. 7.2 SWI does not practice medicine, provide medical advice, make diagnostic, treatment, or other clinical decisions, judgments, or recommendations, provide legal advice, make benefits determinations, make insurance determinations, adjudicate claims, or provide emergency services. The Sidekick Platform provides informational and educational support only. Customer and Authorized Users should not rely on the Sidekick Platform as a substitute for professional judgment, official decisions, advice from qualified professionals, or emergency response. If an Authorized User has a medical emergency, mental health crisis, or believes they may be in danger, they should contact emergency services or an appropriate crisis-support resource immediately. 7.3 THE SIDEKICK PLATFORM AND INFORMATION OBTAINED THROUGH SIDEKICK PLATFORM ARE PROVIDED "AS IS" AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 7.1, SWI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO INFORMATION OBTAINED FROM SWI OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 8. LIMITATION OF LIABILITY AND INDEMNIFICATION 8.1 THE PARTIES AGREE THAT UNDER NO CIRCUMSTANCES SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY, OR ANY OTHER PERSON OR ENTITY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOST GOODWILL, LOSS OF INVESTMENT, LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOST USE OR OTHER LOSSES 8.2 SWI’S AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, DAMAGES, OR LOSSES UNDER THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO SWI IN THE TWELVE (12) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY UNDER THIS AGREEMENT. 8.3 THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 8 ARE COMPLETE AND EXCLUSIVE, SHALL APPLY EVEN IF THE LIABLE PARTY OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIMS, LOSSES, OR DAMAGES, AND SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES POSSESSED BY THE OTHER PARTY OR THIRD PARTIES. 8.4 Indemnification. (a) SWI Indemnification. Subject to Section 8.4(b), SWI will defend Customer against any claim, suit or proceeding brought by a third party (“Claims”) alleging that Customer’s use of the Sidekick Platform as permitted hereunder infringes or misappropriates such third party’s issued patents or trade secrets, and will indemnify and hold harmless Customer against any damages and costs awarded against Customer or agreed in settlement by SWI (including reasonable attorneys’ fees) resulting from such Claim. (b) Exclusions. SWI’s obligations under Section 8.4(a) will not apply if the underlying third-party Claim arises from or as a result of: (i) Customer’s breach of this Agreement, negligence, willful misconduct or fraud; (ii) any Customer Content; (iii) Customer’s failure to use any enhancements, modifications, or updates to the Sidekick Platform that have been provided by SWI; (iv) modifications to the Sidekick Platform by anyone other than SWI; (v) combinations of the Sidekick Platform with software, data or materials not provided by SWI; or (vi) any use of the Sidekick Platform by Customer on the Free Tier. (c) IP Remedies. If SWI reasonably believes the Sidekick Platform (or any component thereof) could infringe or misappropriate any third party’s intellectual property rights, SWI may, at its sole option and expense use commercially reasonable efforts to: (i) modify or replace the Sidekick Platform, or any component or part thereof, to make it non-infringing; or (ii) procure the right for Customer to continue use. If SWI determines that neither alternative is commercially practicable, SWI may terminate this Agreement, in its entirety or with respect to the affected component, by providing written notice to Customer. The rights and remedies set forth in this Section 8.4(c) will constitute Customer’s sole and exclusive remedy for any infringement or misappropriation of intellectual property rights in connection with the Sidekick Platform. (d) Customer Indemnification. Customer will defend SWI against Claims arising from (i) any Customer Content, including, without limitation, (A) any Claim that the Customer Content infringes, misappropriates or otherwise violates any third party’s Intellectual Property Rights or privacy or other rights; or (B) any Claim that the use, provision, transmission, display or storage of Customer Content violates any applicable law, rule or regulation; (ii) any of Customer’s products or services; and (iii) any use of the Sidekick Platform by Customer or its Authorized Users in a manner that is not in accordance with this Agreement, and in each case, will indemnify and hold harmless SWI against any damages and costs awarded against SWI or agreed in settlement by Customer (including reasonable attorneys’ fees) resulting from such Claim. (e) Indemnification Procedures. The Party seeking defense and indemnity (the “Indemnified Party”) will promptly (and in any event no later than thirty (30) days after becoming aware of facts or circumstances that could reasonably give rise to any Claim) notify the other Party (the “Indemnifying Party”) of the Claim for which indemnity is being sought, and will reasonably cooperate with the Indemnifying Party in the defense and/or settlement thereof. The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder (provided that the Indemnifying Party may not settle any Claim without the Indemnified Party’s prior written approval unless the settlement is for a monetary amount, unconditionally releases the Indemnified Party from all liability without prejudice, does not require any admission by the Indemnified Party, and does not place restrictions upon the Indemnified Party’s business, products or services). The Indemnified Party may participate in the defense or settlement of any such Claim at its own expense and with its own choice of counsel or, if the Indemnifying Party refuses to fulfill its obligation of defense, the Indemnified Party may defend itself and seek reimbursement from the Indemnifying Party. 9. GENERAL 9.1 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, excluding its body of law controlling conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Delaware and the Parties irrevocably consent to the personal jurisdiction and venue therein. 9.2 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent, except that SWI may, without such consent, assign this Agreement to an affiliate or to a successor or acquirer, as the case may be (“Assignee”) in connection with a corporate reorganization, merger, acquisition, or the sale of all or substantially all of SWI’s assets. In the case of such an assignment, the Parties agree and acknowledge that SWI may transfer to the Assignee any or all Customer Content, subject to the requirements of applicable law and further subject to any additional obligations that may be imposed by this Agreement provided that any such Assignee will be bound by confidentiality, privacy, security, and data-protection obligations no less protective than those applicable to SWI under this Agreement with respect to Customer Content. Subject to the foregoing, this Agreement will bind and benefit the Parties and their respective successors and assigns. Any attempted assignment in violation of this Section will be null and void. 9.3 Changes to Agreement. SWI reserves the right to make modifications to this Agreement at any time in its sole discretion by posting a revised version on the SWI website or by otherwise notifying Customer in accordance with this Agreement. SWI will use commercially reasonable efforts to provide at least 30 days’ advance notice, but in all events the modified terms will become effective upon the date specified in the posting or, if SWI notifies Customer by email, as stated in the email message. By continuing to use the Sidekick Platform after the effective date of any modifications to this Agreement, Customer hereby agrees to be bound by the modified terms. Customer acknowledges and agrees that it is Customer’s responsibility to check the SWI website and its email regularly for modifications to this Agreement, and to keep its email address current. Notwithstanding the foregoing, modifications to this Agreement will not materially reduce SWI’s confidentiality, privacy, security, or data-protection obligations with respect to Customer Content collected or processed before the effective date of the modification, except to the extent required by applicable law or agreed by Customer. Changes to Fees, Credits, Usage Units, consumption rates, usage limits, renewal terms, replenishment terms, or other commercial terms will apply as specified in the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms. 9.4 Non-Exclusive Remedies. Except as expressly set forth in this Agreement, the exercise by either Party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or available at law or in equity or otherwise. 9.5 Equitable Relief. Each Party acknowledges that a breach by the other Party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching Party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the non-breaching Party may institute an action to enjoin the breaching Party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a Party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching Party may be entitled at law or in equity. 9.6 Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. 9.7 Notices. SWI may provide any notice to Customer under this Agreement by: (a) posting a notice on the SWI website; or (b) sending a message to the email address then associated with Customer's account. Notices SWI provides by posting on the SWI website will be effective upon posting and notices SWI provides by email will be effective when SWI sends the email. Customer acknowledges and agrees that any notices, agreements, disclosures, or other communications that SWI sends to Customer electronically will satisfy any legal communication requirements, including that such communications be in writing. All notices to SWI that are required or permitted under this Agreement will be in writing, will reference this Agreement, and will be deemed given: (i) when delivered personally; (ii) one (1) business day after deposit with a nationally-recognized express courier, with written confirmation of receipt; (iii) three (3) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) when sent by email, on the date the email was sent without a bounce back message if sent during normal business hours of the receiving Party, and on the next business day if sent after normal business hours of the receiving Party. Except as otherwise instructed by SWI, Customer shall send all such notices to SWI to PO Box 261160, Encino, CA 91426 and email to legal@sidekickplatform.com. 9.8 Waiver. The failure by either Party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. 9.9 Relationship of the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the Parties. Neither Party will have the power to bind the other or to incur obligations on the other's behalf without such other Party's prior written consent. 9.10 Service Orders; Order of Precedence. Each Service Order, Subscription Plan, online sign-up flow, or other ordering terms accepted by Customer is incorporated into and forms part of this Agreement. If there is a conflict between this Agreement and any Service Order, Subscription Plan, online sign-up flow, or other ordering terms, this Agreement will control except with respect to plan-specific, pricing, payment, credit, usage, renewal, cancellation, refund, support, implementation, professional services, or other commercial terms, for which the applicable Service Order, Subscription Plan, online sign-up flow, or other ordering terms will control, unless such terms expressly state otherwise. 9.11 Entire Agreement. This Agreement, including any Service Orders, Subscription Plans, online sign-up flows, and other ordering terms incorporated herein, constitutes the complete and exclusive agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each Party, through ordering terms accepted by Customer with respect to plan-specific or commercial terms, or as set forth in Section 9.3. 9.12 Force Majeure. Neither Party will be responsible for any failure or delay in its performance under this Agreement (except for the payment of money) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, failure of the Internet, denial of service, malware, or other cyber-attacks, war, acts of terror, riot, acts of God or governmental action (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing Party will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues and such Party continues to use commercially reasonable efforts to resume performance. 9.13 No Third-Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of the signatories and is not intended to benefit any third party. Only the Parties to this Agreement may enforce it. 9.14 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. --- # SWI End User Terms URL: https://sidekickwellness.com/end-user-terms.html --- Welcome to the SWI Platform (as defined below). Please read these End User Terms (these “User Terms”) carefully because they govern your use of our multi-agent generative AI framework software platform (including any associated desktop and mobile device applications (“Apps”) and websites) and related services (collectively with any improvements, modifications, features and derivative works thereof, the “SWI Platform”). To make these User Terms easier to read, the terms “SWI,” “we,” “our” and “us” include Sidekick Wellness Inc. and our affiliates and subsidiaries. By using the SWI Platform, you agree to be bound by these User Terms. If you do not agree to be bound by these User Terms, do not use the SWI Platform. 1.SWI Platform. The SWI Platform provides organizations with an AI-powered platform for delivering resources to their community members, including you. 2.User Terms. You have been invited to use and access the SWI Platform by an organization or other third party, which has entered into a separate agreement with SWI to make the SWI Platform available to end users for accessing information, resources, experts offered by such third party (the “Organization”). You acknowledge that your rights to use the SWI Platform are subject to the Organization’s rights and obligations under the Organization’s agreement with SWI to control and manage certain aspects of the SWI Platform. For example, Organization may suspend or terminate your account and/or access to the SWI Platform, or grant, restrict or modify your ability to access certain data or content within the SWI Platform. You further acknowledge that your access and use of the SWI Platform will automatically terminate upon the expiration or termination of our separate written agreement with the Organization. 3.Changes to Terms or Platform. We may update these User Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated User Terms either on our website, within the SWI Platform or through other communications. It’s important that you review these User Terms whenever we update them or you use the SWI Platform. If you continue to use the SWI Platform after we have posted updated User Terms, you are agreeing to be bound by the updated User Terms. If you don’t agree to be bound by the updated User Terms, then you may not use the SWI Platform anymore. Because the SWI Platform is evolving over time, we may change or discontinue all or any aspect of the SWI Platform, at any time and without notice, at our sole discretion. 4.Who May Use the SWI Platform? (a)Eligibility. You may use the SWI Platform only if you are (i) capable of forming a binding contract with SWI; (ii) not barred from using the SWI Platform under applicable law; and (iii) authorized to do so by Organization. (b)Registration and Your Information. In order to use the SWI Platform, you are required to create an account or similar profile to use the SWI Platform (“Account”). You can do this via the SWI Platform through our online registration procedures which we may update from time to time. You agree that you won’t misrepresent your identity, use any other person’s image, likeness or identity, or otherwise provide any deceptive or misleading profile information or images in connection with the creation and use of your Account. (c)Privacy and Data Practices. Our collection, use, disclosure, retention, and protection of personal information are described in our Privacy Policy. The Privacy Policy explains the types of information we collect, how we use and disclose information, how long we retain information, and the choices and rights that may be available to you. If you use the SWI Platform through an organization, that organization may also provide privacy notices, policies, consent forms, or terms that apply to its content, resources, users, or programs. SWI is not responsible for the organization’s privacy practices, but SWI will process information in accordance with its agreements with that organization, our Privacy Policy, these User Terms, and applicable law (d)Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up to date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and will use all reasonable means to secure your Account password and associated login credentials. You agree to notify us immediately of any unauthorized use of your Account, and you agree not to share your Account with any other person or otherwise permit any other person to use your Account, even on a temporary basis. You’re responsible for all activities that occur under your Account, whether or not you know about them. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be accessed from the SWI Platform at any one time. 5.We welcome feedback, comments and suggestions for improvements to the SWI Platform(“Feedback”). You can submit Feedback within the SWI Platform or by emailing us at feedback@sidekickplatform.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, provided that we will not disclose the fact that the Feedback has been contributed by you. 6.Content Ownership and Responsibility. (a)Definition. For purposes of these User Terms: “Content” means any information, data, content and other materials, including without limitation text, graphics, images, software, video, avatars, characters, and other works of authorship of any kind, in each case that are posted, generated, provided or otherwise made available through the SWI Platform, including, but not limited to User Content. “User Content” means the data (including personal data and personally identifiable information), content, images, materials, and communications that you upload to or post on the SWI Platform in connection with the operation and use of the SWI Platform. (b)Organization Rights and Responsibilities. You acknowledge that as between us and the Organization, it is the Organization’s sole responsibility to (i) inform you of any Organization policies or actions that may affect User Content and your ability to access User Content or any other aspects or areas of the SWI Platform; and (ii) respond to and resolve your questions and problems, and handle any disputes, in connection with User Content or your use of the SWI Platform. (c)Our Content Ownership. SWI does not claim any ownership rights in any User Content, and as between you and SWI, nothing in these User Terms will be deemed to restrict any rights that you may have to use and exploit User Content other than any rights and restrictions afforded to Organization under the Organization Agreement. Subject to the foregoing, SWI and its licensors hereby exclusively own and reserve all right, title and interest in and to the SWI Platform and Content, including all associated intellectual property rights. You acknowledge that the SWI Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SWI Platform or Content. (d)Rights in Data and Other User Content Granted by You. You retain any rights you have in User Content. By submitting, uploading, speaking, entering, or otherwise making User Content available through the SWI Platform, you grant SWI a limited, non-exclusive, worldwide license to host, process, transmit, reproduce, display, and use User Content solely as necessary to provide, operate, secure, maintain, support, and improve the SWI Platform for you and, where applicable, the organization that made the SWI Platform available to you. SWI will not sell your private User Content. SWI will not disclose your private User Content to other users except as directed by you, enabled by the functionality of the SWI Platform, authorized by the organization that made the SWI Platform available to you, described in our Privacy Policy, or required or permitted by law. For clarity, User Content may include personal information, chat communications, uploaded files, voice inputs, audio recordings, transcripts, and other content or information that you provide through the SWI Platform. (e)Aggregated and De-Identified Information. SWI may create and use aggregated or de-identified information derived from use of the SWI Platform to operate, secure, analyze, maintain, and improve the SWI Platform; develop and improve safety, reliability, and performance features; prevent abuse; generate analytics for organizations; and comply with legal obligations. SWI will not attempt to re-identify de-identified information except as permitted by law, such as to test whether de-identification methods are effective or to investigate security, fraud, abuse, or legal compliance. (f)No General AI Model Training Using Private User Content. SWI will not use your private conversations, uploaded files, audio recordings, voice inputs, transcripts, Inputs, Outputs, or other private User Content to train, fine-tune, benchmark, evaluate, or improve generalized AI models or third-party AI models, unless you or the organization that made the SWI Platform available to you expressly authorizes that use and applicable law permits it. SWI may use limited technical, usage, and diagnostic information to operate, secure, debug, maintain, and improve the safety, reliability, and functionality of the SWI Platform, as described in our Privacy Policy. (g)Your Responsibility for User Content. You are solely responsible for all User Content. You represent and warrant that neither User Content, nor your use and provision of User Content to be made available through the SWI Platform, nor any use of User Content by SWI on or through the SWI Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You represent and warrant that all of your User Content and your activities in connection with the SWI Platform will, at all times, comply with (i) the User Terms; (ii) all applicable laws, rules, and regulations; and (iii) any other guidelines or requirements that we may make available to you from time to time. (h)Removal of User Content. The SWI Platform may allow you to remove User Content by specifically deleting it within the SWI Platform, subject to any applicable limitations imposed by Organization, if applicable. However, in certain instances, some of your User Content (such as any materials you upload or post, including on behalf of Organization, or anything that Organization wishes to retain, if applicable) may not be completely removed and copies of your User Content may continue to exist on the SWI Platform. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of your User Content, including any data, information or other materials. (i)Disclosures Regarding Output. The content on the SWI Platform is provided for informational and educational purposes only and may be generated through SWI’s or its third-party licensors’ algorithms or artificial intelligence tools used in connection with offering the SWI Platform. The SWI Platform may generate AI agent or chatbot responses (each, “Output”) in response to: (i) your interaction or chat; and (ii) User Content uploaded to influence the behavior or Output of the AI agent or automated chatbot (collectively, “Input”). RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SWI PLATFORM BY SWI OR OTHER THIRD-PARTY CONTENT PROVIDERS IS AT YOUR OWN RISK AND MAY BE SUBJECT TO ADDITIONAL TERMS, CONDITIONS, AND POLICIES OF THE THIRD-PARTY CONTENT PROVIDER. (j)Informational and Educational Use Only. The SWI Platform provides informational and educational support only. The SWI Platform does not provide medical advice, diagnosis, treatment, legal advice, financial advice, benefits determinations, insurance determinations, claims decisions, or emergency services. You should not rely on the SWI Platform as a substitute for professional judgment, official decisions, or advice from qualified professionals. If you have a medical emergency, mental health crisis, or believe you may be in danger, contact emergency services or an appropriate crisis-support resource immediately. If the SWI Platform provides information about government, healthcare, benefits, educational, employer, or organizational resources, that information is provided for navigation and educational purposes only and does not constitute an official determination by the relevant agency, provider, institution, employer, or organization. (k)AI/ML Disclaimer. Due to the nature of machine learning, Output may not be unique, and the SWI Platform may generate the same or similar output for SWI or a third party. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SWI PLATFORM MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, SWI WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM INPUT, OUTPUT OR THEIR USE. 7.Rights and Terms for Apps. The SWI Platform may be offered via an App (defined above). The following terms apply if your use of and/or access to the SWI Platform is via an App: (a)Rights in App Granted by SWI. Subject to your compliance with these User Terms, SWI grants to you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device, computer or other compatible hardware that you own or control and to run such copy of the App solely for your personal use of the SWI Platform and, if applicable, as authorized by the Organization. Except as expressly permitted in these User Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party or otherwise use the App on a time sharing or service bureau basis; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. SWI hereby reserves all rights in and to the App not expressly granted to you under these User Terms. (b)Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that: - These User Terms are concluded between you and SWI, and not with the App Provider, and SWI (not the App Provider), is solely responsible for the App. - The App Provider has no obligation to furnish any maintenance and support services with respect to the App. - In the event of any failure of the App to conform to any applicable warranty, the App Provider will have no warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SWI. - The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. - In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, SWI will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these User Terms. - The App Provider, and its subsidiaries, are third-party beneficiaries of these User Terms as related to your license to the App, and that, upon your acceptance of these User Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these User Terms as related to your license of the App against you as a third-party beneficiary thereof. - You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. - You must also comply with all applicable third-party terms of service when using the App. 8.Device Storage and App Permissions (a)Device Storage. The App may store limited information on your device to support login, security, preferences, performance, and app functionality. Depending on your settings and use of the App, some information may remain on your device after you close the App or log out. You can remove locally stored app data by deleting the App, although deleting the App may not delete information stored on SWI’s systems or the systems of the organization that made the SWI Platform available to you. (b)Voice Features and Microphone Access. If you use voice features, the App may request access to your device microphone. With your permission, the App may record or process your voice input to provide voice-enabled functionality, generate transcripts, respond to your requests, maintain security, troubleshoot issues, and support the SWI Platform. You can revoke microphone permission through your device settings. Our Privacy Policy describes whether audio recordings or transcripts are stored, how they are used, how long they are retained, and how you may request deletion where applicable. (c)Location Features. Some features may request access to location information, such as to help identify nearby resources or improve relevance of results. We will request device permissions where required. You can disable location permissions through your device settings. Our Privacy Policy describes the location information we collect, how we use it, and whether it is stored or shared. 9.General Prohibitions and SWI’s Enforcement Rights. You agree to not do any of the following in connection with your use of the SWI Platform: (a)Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, abuse or harm against any individual or group; (vi) is violent, intimidating or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; (b)Access, tamper with, or use non-public areas of the SWI Platform, SWI’s computer systems, or the technical delivery systems of SWI’s providers; (c)Attempt to probe, scan or test the vulnerability of the SWI Platform or any other SWI system or network or breach any security or authentication measures; (d)Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SWI or any of SWI’s providers, Organization or any other third party (including another user) to protect the SWI Platform or Content; (e)Attempt to access or search the SWI Platform or Content or download Content from the SWI Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SWI to be expressly used for such purposes; (f)Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (g)Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the SWI Platform or Content; (h)Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the SWI Platform; (i)Collect, use, transmit, disclose or store any personally identifiable information from the SWI Platform from other users of the SWI Platform; (j)Impersonate or misrepresent your affiliation with any person or entity; (k)Use any Confidential Information (as defined below), the SWI Platform or any of its component features or functionalities to develop, sell, license, commercialize or contribute to the development or commercialization of any product or service that could compete with the SWI Platform; (l)Provide any information that is intended to misinform, misdirect, mislead, or otherwise deceive any users of the SWI Platform or any other third party; (m)Violate any applicable law or regulation; (n)Use the SWI Platform or any Output in a manner that violates the usage policies of AI models employed by the SWI Platform; (o)Utilize the SWI Platform (including any AI models or derivatives thereof), SWI materials, Input or Output to train, improve or have trained or improved an AI model (e.g., engage in “model scraping”); (p)Use the SWI Platform or any Output in a manner that violates any applicable usage policies; or (q)Encourage, assist, permit or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the SWI Platform or Content or to review or edit any Content, we have the right to do so for the purpose of operating the SWI Platform, to ensure compliance with these User Terms, the terms of any Organization Agreement and/or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these User Terms. We also reserve the right to terminate or suspend your access to the SWI Platform, at any time and without prior notice, if we, at our sole discretion, determine that you have violated any of the prohibitions included in these User Terms. We have the right to investigate violations of these User Terms or conduct that affects the SWI Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. If you believe that any Content or other items provided via the SWI Platform infringe, misappropriate, or violate your intellectual property rights, are abusive, harassing, offensive or hateful, or otherwise violate the prohibitions listed above, please email us at: feedback@sidekickplatform.com. 10.Third Party Services. Certain features and functionalities within the SWI Platform as we determine in our sole discretion may also allow you and other Account holders to interface or interact with, access and/or use compatible third-party services, products, technology, websites and content (collectively, “Third Party Services”) through the SWI Platform. You agree that (i) SWI does not provide any aspect of the Third Party Services and is not responsible for any compatibility issues, errors or bugs in the SWI Platform or Third Party Services caused in whole or in part by the Third Party Services or any update or upgrade thereto; and (ii) you or Organization are solely responsible for maintaining the Third Party Services and obtaining any associated licenses and consents necessary for you to utilize the Third Party Services in connection with the SWI Platform. 11.Term and Termination. (a)These User Terms apply to you for the duration of your access to the SWI Platform as authorized by the Organization, until (i) terminated by the Organization or us, or (ii) until you cancel your Account or cease use of the SWI Platform. (b)Following SWI termination of its relationship with your Organization, we may terminate your access to and use of the SWI Platform, at our sole discretion, at any time and without notice to you. (c)You may cancel your Account at any time by sending an email to us at feedback@sidekickplatform.com or, if applicable, via the SWI Platform. (d)Following the termination of your relationship with your Organization, you may have the ability to continue to use your User Content and the Content (or a portion thereof) made available to you prior to such termination, in each case to the extent permitted by your Organization. (e)Upon any termination of these User Terms or cancellation of your Account, provisions that by their nature should survive termination will survive, including provisions relating to privacy and data practices, User Content, aggregated and de-identified information, AI and output disclaimers, informational and educational use, warranty disclaimers, indemnity, limitation of liability, governing law, dispute forum, and general terms. 12.Warranty Disclaimers. THE SWI PLATFORM AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OR WHETHER OBTAINED FROM SWI, ORGANIZATION OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE USER TERMS. FURTHER, SWI MAKES NO WARRANTY THAT THE CONTENT, OR THE SWI PLATFORM OR ANY OF ITS COMPONENT FEATURES AND FUNCTIONALITIES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SWI DOES NOT WARRANT OR GUARANTEE: (I) ANY RESULTS FROM THE USE OF THE SWI PLATFORM OR CONTENT; OR (II) THAT THE SWI PLATFORM OR CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. SWI HEREBY SPECIFICALLY DISCLAIMS ALL LIABILITY ARISING FROM ALL THIRD-PARTY SERVICES. 13.Indemnity. You will indemnify and hold harmless SWI and its officers, directors, employees, shareholders and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the SWI Platform or Content, (ii) User Content, Input or Output, (iii) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality, or (iv) your violation of these User Terms. 14.Limitation of Liability. (a)NEITHER SWI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SWI PLATFORM OR CONTENT WILL BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR FROM THE USE OF OR INABILITY TO USE THE SWI PLATFORM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SWI OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (b)IN NO EVENT WILL SWI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR FROM THE USE OF OR INABILITY TO USE OR ACCESS THE SWI PLATFORM OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). (c)THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SWI AND YOU. (d)Nothing in these User Terms limits or excludes liability to the extent such limitation or exclusion is prohibited by applicable law. 15.Governing Law and Forum Choice. These User Terms and any action or proceeding related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction for any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the SWI Platform or Content will be the applicable state and federal courts located in or which jurisdiction covers Wilmington, Delaware, and you waive any objection to jurisdiction and venue in such courts. 16.General Terms. (a)Entire Agreement. These User Terms constitute the entire and exclusive understanding and agreement between SWI and you regarding the SWI Platform and Content, and these User Terms supersede and replace any and all prior oral or written understandings or agreements between SWI and you regarding the SWI Platform and Content. If any provision of these User Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these User Terms will remain in full force and effect. You may not assign or transfer these User Terms, by operation of law or otherwise, without SWI’s prior written consent. Any attempt by you to assign or transfer these User Terms, without such consent, will be null. SWI may freely assign or transfer these User Terms without restriction. Subject to the foregoing, these User Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. (b)Notices. Any notices or other communications provided by SWI under these User Terms, including those regarding modifications to these User Terms, will be given: (i) via email; or (ii) by posting to the SWI Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. (c)Waiver of Rights. SWI’s failure to enforce any right or provision of these User Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SWI. Except as expressly set forth in these User Terms, the exercise by either party of any of its remedies under these User Terms will be without prejudice to its other remedies under these User Terms or otherwise. 17.Contact Information. If you have any questions about these User Terms or the SWI Platform, please contact SWI at feedback@sidekickplatform.com.