Who we are

Our website address is: https://tiktakdesigns.com.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

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Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

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When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

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Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Who we share your data with

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Licensing, Subscription and User Agreement as of 2019

 

Tik Tak Tek, LLC Licensing, Subscription & User Agreement

RECITALS ……………………………………………………………………………………………………………………. 1

TERMS AND CONDITIONS ………………………………………………………………………………………….. 1

1. Article 1 – Licensing Agreement: Grant and Limitations …………………………………………… 1

2. Article 2 – Licensing Agreement: Tik Tak Tek’s Proprietary Rights ……………………………. 2

3. Article 3 – Licensing Agreement: Trade Secrets, Disclosure, Compliance, and Records … 3

4. Article 4 – Licensing Agreement: Reciprocal Agreement …………………………………………… 4

5. Article 5 – Subscription Agreement: Subscription Purpose, Terms, Scope, Termination, Fees and Charges, Payments and Billing, and Records …………………………………………………….. 4

6. Article 6 – Subscription Agreement Plans ………………………………………………………………… 7

7. Article 7 – User Agreement ………………………………………………………………………………….. 11

8. Article 8 – General Provisions ………………………………………………………………………………. 13

9. Article 9 – Interpretation and Definitions ……………………………………………………………….. 22

 

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Tik Tak Tek, LLC Licensing, Subscription & User Agreement

This Tik Tak Tek, LLC Licensing, Subscription & User Agreement (the “Agreement”) is made and entered on this ____ day of ___________, 20__ (the “Effective Date”), by and between Tik Tak Tek, LLC, a Texas Limited Liability Company, and its successors and assigns (collectively, “Tik Tak Tek”), and _____________________________, and its/his/her successors and assigns (collectively, “You” and/or “Your”). (All parties collectively referred to as “the Parties.”). RECITALS A. Tik Tak Tek is the exclusive owner of intellectual property rights, which may include, but are not limited to, copyrights, trademarks, trade secrets, software, applications, domains, designs, inventions, databases, other proprietary information, and websites relating to Tik Tak Tek’s business or entity purpose (“Tik Tak Tek’s IP”); and B. Tik Tak Tek seeks to license Tik Tak Tek’s IP to You for purposes of web applications, website content, digital animation, and other services utilizing same, subject to the terms and conditions of this Agreement; and C. The Licensing Agreement terms, Subscription Agreement terms, and User Agreement terms are set forth in this Agreement; and D. The Licensing Agreement terms, Subscription Agreement terms, and User Agreement terms in this Agreement are subject to renegotiation upon the expiration of the “Term” as defined below and the mutual consent of Tik Tak Tek and You.

So, for good and valuable consideration, including the purposes, background, and mutual promises, representations, warranties, and covenants made in this Agreement, which the Parties acknowledge they have given or received and believe are sufficient, they each enter into the terms and conditions of this Agreement as provided below:

TERMS AND CONDITIONS
1. Article 1 – Licensing Agreement: Grant and Limitations 1.1 Grant and Limitations. Tik Tak Tek grants and You accept a non-exclusive, royalty-free, worldwide, limited, irrevocable, freely transferable, and fully sublicensable license of Tik Tak Tek’s IP, to: (A) Purpose. Use, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform, display and make available, utilize and implement Tik Tak Tek’s IP for purposes of providing web applications, website content, digital animation, and other services and products as subscribed to by You under the Subscription Agreement terms below.

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(B) Effective Term. The term of this Agreement shall be 12 months (the “Term”) which will commence on the day of the execution of the Agreement and the tender of payment of either the Initial Fee, defined below, or the One-Time Fee, as defined below (the “Effective Date”). Upon the expiration of the Term, this Agreement shall continue in force and effect between the Parties on a month-to-month basis, subject to a Termination under section 1.1(D). (C) Scope. The scope of this license shall include (1) constructing, coding, and hosting web-based applications and websites, (2) creating and rendering digital animations, (3) efforts to obtain web-traffic and web-user interaction, (4) sharing of Tik Tak Tek’s IP with Your staff, employees, and contractors to effectuate the implementation of this Agreement; and (5) for the provision and use of the Subscription Plan and Services entered into and contracted for by You as described by, subject to, and limited by the terms and conditions of Articles 6. This Agreement does not include transactions or agreements between You and third-parties in conducting e-commerce, business transactions, activities subject to Privacy or Data Laws or regulations, or any other transactions or agreements. The license is limited to only Tik Tak Tek’s IP which is necessary for the performance and completion of obligations under the terms and conditions of this Agreement. (D) Termination. This Agreement may not be terminated during the Term. However, upon the expiration of the Term and the effect of a month-tomonth term as provided by Section 1.1(B), such month-to-month term may be terminated by Tik Tak Tek or You upon thirty (30) days’ written notice prior to the expiration of the current monthly term. Upon the exercise of said termination and the expiration of the monthly term, the license as set forth in this Agreement shall cease and all rights therein shall revert back to Tik Tak Tek. Additionally, You shall return any and all data which was generated and/or provided to You during the pendency of the Agreement including, without limitation, Tik Tak Tek’s IP and any and all databases or external drives and/or storage relating to Tik Tak Tek’s IP. 2. Article 2 – Licensing Agreement: Tik Tak Tek’s Proprietary Rights 2.1. Title and Ownership. Tik Tak Tek retains title to Tik Tak Tek’s IP and all related materials licensed under this Agreement. Tik Tak Tek also retains all rights in any copyrights, patents, or attendant intellectual property applicable to the processes involved in satisfaction of the terms and conditions of this Agreement. By executing this Agreement, Tik Tak Tek assigns to You its rights to use Tik Tak Tek’s IP subject to the terms and conditions of this Agreement.

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2.2 Improvements and Modifications. You may not make improvements on or modifications to Tik Tak Tek’s IP. Further, You acknowledge and agree that the rights to any improvements or modifications which are made shall be the property of Tik Tak Tek. Said improvements and/or modifications include, without limitation, any changes in the design, file type, digital or physical components, resolution, and other properties of Tik Tak Tek’s IP and any improvements or modifications of Tik Tak Tek’s IP.

2.3. Transferability. Notwithstanding anything to the contrary in this Agreement, Tik Tak Tek’s rights under this Agreement can be assigned, sold, or sublicensed without Your consent during the duration of this Agreement. Your rights under this Agreement shall be non-transferable without the prior, written consent of Tik Tak Tek, LLC.

2.4. Exclusivity. The Licensing Agreement terms of this Agreement are nonexclusive, and Tik Tak Tek may grant additional licenses of Tik Tak Tek’s IP to other parties without infringing on Your rights under the terms of this Agreement or breaching the terms of this Agreement. 3. Article 3 – Licensing Agreement: Trade Secrets, Disclosure, Compliance, and Records 3.1 Trade Secrets. You acknowledge and agree that instructions, descriptions, processes, or procedures used in or related to the design and composition of Tik Tak Tek’s IP are trade secrets that constitute valuable property of Tik Tak Tek. You shall use Your best efforts to prevent inadvertent or deliberate disclosure of any trade secret information to any third party. You shall instruct Your employees and agents to keep that information confidential by using the same care and control that is used with respect to Your own trade secret information. 3.2 Disclosure to Third Parties. You agree that any disclosure to a third party of the data or information transmitted to You by Tik Tak Tek pursuant to this Agreement including but not limited to Tik Tak Tek’s IP, constitutes a material breach of this Agreement and shall terminate the licenses granted by this Agreement. However, Tik Tak Tek expressly grants You the right to disclose and transfer Tik Tak Tek’s IP to third parties which are necessary for the hosting of web-based content or for the provision of other necessary services in order to satisfy the Subscription Agreement terms of this Agreement. Additionally, Tik Tak Tek expressly grants You the right to disclose and transfer Tik Tak Tek’s IP to government and judicial entities pursuant to governmental or legal action regarding Tik Tak Tek’s IP.

3.3 Compliance. You agree that in the event Tik Tak Tek receives any formal or informal Cease and Desist or other communication indicating a potential violation of law regarding Your IP or Tik Tak Tek’s IP, Tik Tak Tek may perform the following acts:

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(A) Discontinue services and remove Your IP from any content produced or controlled by Tik Tak Tek;

(B) Comply with the terms of the Cease and Desist or other communication;

(C) Provide information to governmental or legal entities pursuant to governmental or legal action regarding Your IP.

3.4 Records. You shall keep full and complete records of all IP received from Tik Tak Tek. You shall provide these records to Tik Tak Tek upon written request within five (5) business days of receipt.

4. Article 4 – Licensing Agreement: Reciprocal Agreement

4.1 In the course of performing under this Agreement, You will be providing access to and use of Your Intellectual Property (“Your IP”), as defined in this Agreement, to Tik Tak Tek. Tik Tak Tek hereby agrees that all of the preceding Licensing Agreement terms are reciprocally applicable to its access to and use of Your IP. Tik Tak Tek hereby agrees to be bound by the same Licensing Agreement terms stated above regarding the access to and use of Your IP. However, notwithstanding any of the other provisions of this Agreement, the license from Tik Tak Tek to You shall be non-transferable without the prior and written consent of Tik Tak Tek. Your license to Tik Tak Tek can be assigned, sold, or sublicensed without Your consent during the duration of this Agreement.

4.2 Limitation of License. In addition to the terms above, the license from Tik Tak Tek, LLC to You is limited to the right to use, for the duration of the Term, the specific Features provided by the Subscription Plan purchased, as described by, subject to, and limited by the terms and conditions of Articles 6.

5. Article 5 – Subscription Agreement: Subscription Purpose, Terms, Scope, Termination, Fees and Charges, Payments and Billing, and Records

5.1 Purpose. You enter into this Subscription Agreement for the purpose of obtaining the Services of Tik Tak Tek. The Services obtained are determined by the Subscription Plan entered into by You as described by, subject to, and limited by the terms and conditions of Articles 5 and 6 and as further defined in this Agreement. Generally, Tik Tak Tek offers the Services of designing web applications, website content, digital animation, and other services and products as subscribed to by You under the Subscription Agreement terms below.

5.2 Effective Term. The effective Term for all Subscription Agreement terms and conditions shall be as defined in Section 1.1(B) above.

5.3 Scope. The scope of this Subscription Agreement shall include (1) constructing, coding, and hosting web-based applications and websites, (2) creating and rendering digital animations, (3) efforts to obtain web-traffic and web-user

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interaction, (4) sharing of Tik Tak Tek’s IP with Your staff, employees, and contractors to effectuate the implementation of this Agreement; and (5) for the provision and use of the Subscription Plan and Services entered into and contracted for by You as described by, subject to, and limited by the terms and conditions of Articles 6. This Agreement does not include transactions or agreements between You and third-parties in conducting e-commerce, business transactions, activities subject to Privacy or Data Laws or regulations, or any other transactions or agreements. The scope is limited to only Tik Tak Tek’s IP which is necessary for the performance and completion of obligations under the terms and conditions of this Agreement.

5.4 Termination. The termination of all Subscription Agreement terms and conditions shall be subject to the provisions of Section 1.1(D) above.

5.5 Fees and Charges.

(A) Monthly Fees. The Fees and Charges for which You are liable are determined by the Subscription Plan entered into by You as described by, subject to, and limited by the terms and conditions of Section 5.6 and Article 6.

(B) Initial Fees. The Initial Fees for which You are liable are determined by the Subscription Plan entered into by You as described by, subject to, and limited by the terms and conditions of Section 5.6 and Article 6. Initial Fees consist of a Minimum Initial Fee and any additional fees calculated on a per/hour basis.

5.6 Payment Terms and Billing.

(A) Monthly-Fees Payment Date. The applicable fee, as determined by the Subscription Plan entered into by You and described by, subject to, and limited by the terms and conditions of Article 6, shall be due and payable one month from the Effective Date each successive month. (i.e, if the Effective Date of the contract is January 1, then each monthly payment shall be due on the first day of each successive month).

(B) Initial Fees Payment Date. The Minimum Initial Fees for which You are liable as determined by the Subscription Plan entered into by You and described by, subject to, and limited by the terms and conditions of Article 6, shall be due and payable immediately upon the execution of this Agreement. Any per/hour charges exceeding the Minimum Initial Fee shall be invoiced to You under the terms of this Article.

(C) One-Time Fees Payment Date. For additional fees, as described by, subject to, and limited by the terms and conditions of Articles 5 and 6, payment shall be due and payable immediately upon the execution of this Agreement or upon invoicing as applicable.

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(D) Billing and Invoicing. Tik Tak Tek shall furnish on a monthly basis to You, via electronic communication as provided in Sections 8.13 and 8.14, invoices providing an account of charges applied against You and due and payable for the billing period as described by, subject to, and limited by the terms and conditions of Article 6. (E) Auto-Drafting. Recurring Monthly Fees and any additional fees due shall be made by automatic withdrawal. Upon the execution of this Agreement, You shall execute such additional documents as are necessary (1) to provide accurate and complete banking information and (2) to perform automatic withdrawals of payment by Tik Tak Tek or a third-party service provider performing such withdrawals and transactions for Tik Tak Tek. You shall promptly inform Tik Tak Tek of any changes or alterations to such banking information and execute updated documentation necessary for both (1) and (2) mentioned above.

(F) Advanced Payment.

(1) Discounted Rate. You may, but are not obligated to, prepay the entire costs of an annual subscription as opposed to making payments in monthly installments under the terms of Section 5.6(A). In such event, You shall receive a 10% discount on the total cost of the subscription. (i.e., a subscription with a recurring monthly fee of $50.00 may be pre-paid by making a one-time payment of $540.00, which represents a 10% discount [$600.00 – $60.00 = $540.00]). However, You must nevertheless provide auto-drafting information under Section 5.6(E), for use in the event that month-to-month services are provided after the expiration of the Term as provided by Section 1.1(B).

(2) Upgrading or Downgrading Services. Upon an upgrade or a downgrade from one paid Subscription Plan to another the amounts that You prepaid for the original Subscription Plan (i.e., the credit remaining on the relevant subscription) will be applied against the amounts payable for the new Subscription Plan. Any upgrade or downgrade during the effective Term or any subsequent month-to-month term of this Agreement shall be subject to Tik Tak Tek’s approval and the other terms and conditions of this Agreement, particularly Section 8.5 (Modifications).

(G) Refunds. Tik Tak Tek’s fees are non-refundable in any and all circumstances, including, but not limited to, the following:

(1) if the Agreement or a Subscription Plan is terminated or varied mid-billing period, You will not be entitled to any refund (including any partial refund) as concerns that billing period;

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(2) payments attributable to future billing periods will not be refunded unless otherwise explicitly agreed; and

(3) any Initial Fees, One-time Fees, prepaid fees, or Advanced Payments.

(H) Third-Party Processing. You acknowledge that:

(1) payments are handled by third-party service providers;

(2) Tik Tak Tek is not responsible for third-parties or their services and has no liability as concerns payment processing; and

(3) late payment may result in the suspension of Service(s), restriction of access to certain or all of the Features, or the termination of the Agreement.

(I) Late Payments and Fees. Tik Tak Tek may, in its absolute discretion, charge interest on overdue amounts at either 18% per annum or the relevant statutory rate, whichever it elects.

(J) Place of Payment. In all instances, it shall be considered that the performance of obligations of payment are due, payable, and required in Seminole, Gaines County, Texas.

5.7 Records. Tik Tak Tek shall keep full and complete records of all financial transactions between You and Tik Tak Tek regarding this Subscription Agreement, and shall provide these records to You upon written request within five (5) business days of receipt. 6. Article 6 – Subscription Agreement Plans

6.1 Website Subscription.

(A) Fee. The following fees shall be due under the terms of Article 5 above:

(1) Recurring Monthly Fee as indicated in Section 6.6 below; and

(2) An Initial Fee at $85.00 per hour with a minimum of $1,000.00.

(B) Services. A basic Website Subscription includes the following services: (1) One (1) Website design (Website is limited to 20GB of web space or a five (5) page limit, whichever is less. Additional pages may be purchased for a one-time additional fee of $25.00 per page beyond the five (5) page limit. Website will not include

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capabilities for facilitating commerce or financial transactions or activities subject to Privacy or Data Laws. E-Commerce Websites must be purchased under Section 6.5.);

(2) One (1) year of technical support; and (3) One (1) free website edit per month. 6.2 Progressive Web Application/Native Application Subscription.

(A) Fee. The following fees shall be due under the terms of Article 5 above:

(1) Recurring Monthly Fee as indicated in Section 6.6 below; and

(2) An Initial Fee at $85.00 per hour with a minimum of $1,500.00. (B) Services. A basic Progressive Web Application/Native Application Subscription includes the following services: (1) One (1) Progressive Web Application or Native Application;

(2) One (1) year of technical support; and

(3) Access to and use of Tik Tak Tek’s DIY Applications Editor (“DIY App Editor”);

(4) Applications will not include capabilities for facilitating commerce or financial transactions or activities subject to Privacy or Data Laws.

6.3 Progressive Web Application + Website Subscription.

(A) Fee. The following fees shall be due under the terms of Article 5 above:

(1) Recurring Monthly Fee as indicated in Section 6.6 below; and

(2) An Initial Fee at $85.00 per hour with a minimum of $2,500.00.

(B) Services. A basic Progressive Web Application + Website Subscription includes the following services: (1) One (1) Website design (Website is limited to 20GB of web space or a five (5) page limit, whichever is less. Additional pages may be purchased for a one-time additional fee of $25.00 per page beyond the five (5) page limit. Website will not include capabilities for facilitating commerce or financial transactions or

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activities subject to Privacy or Data Laws. E-Commerce Websites must be purchased under Section 6.5.);

(2) One (1) Progressive Web Application;

(3) One (1) year of technical support;

(4) One (1) free website edit per month; and

(5) Access to and use of Tik Tak Tek’s DIY Applications Editor (“DIY App Editor”).

6.4 Power Marketers Subscription.

(A) Fee. The following fees shall be due under the terms of Article 5 above:

(1) Recurring Monthly Fee as indicated in Section 6.6 below; but

(2) No Initial Fee ($0.00).

(B) Services. A basic Power Marketers Subscription includes the following services: (1) One (1) Website design (Limited to 20GB of web space or a ten (10) page limit, whichever is less. Additional pages may be purchased for a one-time additional fee of $25.00 per page beyond the ten (10) page limit. Website will not include capabilities for facilitating commerce or financial transactions or activities subject to Privacy or Data Laws. E-Commerce Websites must be purchased under Section 6.5);

(2) One (1) Progressive Web Application;

(3) One (1) year of technical support; and

(4) One (1) Animated Video per month with the following properties:

(a) integration of Voice Over Recording provided by You; (b) up to sixty (60) seconds of animated video/running time; (c) full HD (1080p) rendering; (d) integration of background music or music provided by You; (e) integration of background imagery provided by You; and (f) integration of logo provided by You; and

(5) Unlimited Website and Progressive Web Application edits performed by Tik Tak Tek.

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6.5 Special and Custom Projects. You may request a custom quote for special or custom projects that differ from the Subscription Plans of Tik Tak Tek. A custom fee and custom services may be arranged with Tik Tak Tek for such projects. Additional communications and writings between You and Tik Tak Tek will evidence the agreement regarding Special and Custom Projects and will be subject to the terms of this Agreement and any terms contained in such additional communications and writings. Any conflict between the terms of this Agreement and the additional communications and writings shall be controlled by the terms of the additional communications and writings. This provision is subject to Sections 8.4 and 8.5.

6.6 Election of Subscription. You hereby elect the Subscription Plan indicated below, which shall include any and all terms amended or altered by provisions and conditions provided in this Section.

(A) ______________________________________ Subscription under Section _________;

(B) Initial Fee of $85.00 per hour with a minimum of [$___________];

(C) Monthly Fee of [$___________];

(D) Services provided include those services described in the applicable section above, except as amended or altered as follows:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

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7. Article 7 – User Agreement

7.1 Purpose. You enter into this User Agreement for the purpose of obtaining the Services of Tik Tak Tek. The Services obtained are determined by the Subscription Plan entered into by You as described by, subject to, and limited by the terms and conditions of Articles 5 and 6 and as further defined in this Agreement. Generally, Tik Tak Tek offers the Services of designing web applications, website content, digital animation, and other services and products as subscribed to by You under the Subscription Agreement terms of Articles 5 and 6.

7.2 Effective Term. The effective Term for all User Agreement terms and conditions shall be as defined in Section 1.1(B) above.

7.3 Scope. The scope of this User Agreement shall include (1) constructing, coding, and hosting web-based applications and websites, (2) creating and rendering digital animations, (3) efforts to obtain web-traffic and web-user interaction, (4) sharing of Tik Tak Tek’s IP with Your staff, employees, and contractors to effectuate the implementation of this Agreement; and (5) for the provision and use of the Subscription Plan and Services entered into and contracted for by You as described by, subject to, and limited by the terms and conditions of Articles 6. This Agreement does not include transactions or agreements between You and third-parties in conducting e-commerce, business transactions, activities subject to Privacy or Data Laws or regulations, or any other transactions or agreements. The scope is limited to only Tik Tak Tek’s IP which is necessary for the performance and completion of obligations under the terms and conditions of this Agreement.

7.4 Termination. The termination of all User Agreement terms and conditions shall be subject to the provisions of Section 1.1(D) above.

7.5 Fees, Charges, Payment Terms, and Billing. All Fees, Charges, Payment Terms, and Billing are determined by the Subscription Plan purchased or contracted for and are subject to the provisions of Articles 5 and 6 above.

7.6 Commercially Reasonable Efforts. Tik Tak Tek shall use commercially reasonable efforts to provide You with the benefit of all Features authorized under the Subscription Plan purchased or contracted for, subject to the provisions of this Agreement.

7.7 Contact and Technical Support. You may contact Tik Tak Tek for technical support at the email address specified in Section 8.14 or by using such error reporting or customer feedback features as may be available via the Service. Tik Tak Tek endeavors to respond to resolve Software errors and Service defects within a reasonable time but makes no commitment as to how quickly support will be provided or such matters will be resolved.

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7.8 Third-party Services, Sites, Resources, and References. Tik Tak Tek’s Services may provide links, references, or access to third-party websites, resources, or services and the latter may provide the same with respect to the Service. Tik Tak Tek is not responsible for the existence or qualities (including the availability, reliability, or security) of such external sites, resources, or services, does not endorse them, and shall not be liable for any loss, damage, expenses, or other undesirable consequences attributable thereto.

7.9 Enhancements, Modifications, & Replacements. Tik Tak Tek has no obligation to enhance, modify, or replace any part of the Service, or continue developing or releasing new versions thereof.

7.10 User Information & Data Use.

(A) Legal Name. You hereby agree to and shall use Your true legal name and provide such true and accurate contact and other information as requested.

(B) Legal Compliance. In addition to other obligations of this Agreement, You must comply with all legal requirements applicable to Your use of the Services and other activities hereunder (including, but not limited to, export control provisions and requirements of Privacy or Data Laws).

7.11 Unsolicited or Illegal Communications and Activities. You further warrant that You will not use the Services for sending unsolicited communications or uploading, transmitting, delivering, running, controlling, or storing harmful code, malware, or illegal content, or conducting any form of illegal activity. If Tik Tak Tek reasonably believes that Your data or activities violate the law or otherwise conflict with this Agreement, it may, in its absolute discretion:

(A) ask You to take such action as Tik Tak Tek considers necessary for remedying the matter; or

(B) remove, disable, restrict access to, or delete the data concerned without being liable to any person or entity for any loss, damage or other undesirable consequences resulting therefrom.

7.12 Your Restrictions and Restrictive Covenants. Without prejudice to any of Your statutory obligations, You undertake that You will not:

(A) interfere with the proper functioning of the Service; (B) impose an unreasonable load on the Service or its infrastructure; (C) consume any resource or otherwise use any item hereunder in a manner or to an extent that prejudices another Customer’s enjoyment of the Service;

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(D) reproduce the Services, Software, or Features except as expressly permitted herein; (E) translate, adapt, arrange or otherwise alter the Services, Software, or Features or reproduce the results of any such activity; (F) distribute or redistribute, including sell, rent, lease, lend or otherwise make available, the Services, Software, or Features (neither the original Services, Software, or Features nor any copy thereof); (G) decompile, disassemble or otherwise reverse engineer the Services, Software, or Features; (H) remove, alter, hide or obscure any copyright notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise pertaining to any part of the Services, Software, or Features; (I) create or attempt to create any product or service that is substantially similar to, performs the same or substantially similar functions as, or otherwise competes with, any part of the Services, Software, or Features, or purports to be created, provided, or approved by Tik Tak Tek; or (J) cause anyone else to do any of the foregoing.

7.13 Your Maintenance and Monitoring Obligations. It shall be the Your own responsibility to maintain the confidentiality of any usernames, passwords, account information, financial information, or other data, either belonging to You or to third-parties conducting business or commerce with You. Tik Tak Tek has no obligation to monitor or access Your accounts or Services, but may do so if reasonably warranted (e.g., to provide technical support, prevent illegal or harmful activity, perform its duties hereunder, or comply with a legal obligation).

7.14 Guest User. You agree that all terms of this Agreement are binding on other persons or entities utilizing the Subscription Plan or Services provided to You, and may include, but are not limited to, any agent, employee, successor, assign, or other person or entity. 8. Article 8 – General Provisions

8.1 LIMITED WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND SOFTWARE, SUBJECT TO SECTIONS 6.5, 8.4, AND 8.5:

(A) HAVE NOT BEEN DESIGNED TO MEET YOUR SPECIFIC REQUIREMENTS:

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(B) MAY FROM TIME TO TIME SUFFER INTERRUPTIONS AND BE OCCASIONALLY UNAVAILABLE; (C) HAVE AND WILL CONTINUE TO HAVE CERTAIN BUGS AND VULNERABILITIES;

(D) SHOULD NOT BE RELIED UPON IN INHERENTLY DANGEROUS CIRCUMSTANCES;

(E) TIK TAK TEK’S IP, SERVICES, AND ANYTHING OFFERED OR DELIVERED AS A PART OF, IN CONJUNCTION WITH, OR BY MEANS OF ANY FEATURE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS;

(F) YOUR SELECTION OF A SUBSCRIPTION PLAN AND USE OF ANY OF THE FEATURES ARE AT YOUR OWN RISK, AS IS YOUR EXPOSURE TO, DOWNLOADING AND UPLOADING OF, AS WELL AS TRANSMISSION, RECEIPT, STORAGE, POSSESSION, DISCLOSURE AND OTHER HANDLING OF DATA, COMPUTER PROGRAMS, SOFTWARE CODE, FINANCIAL INFORMATION, PERSONAL IDENTIFYING INFORMATION, OTHER SENSITIVE OR PRIVATE INFORMATION, OR OTHER ITEMS, OF EITHER YOU OR THIRD-PARTIES CONTRACTING WITH OR CONDUCTING BUSINESS OR COMMERCE WITH YOU, THROUGH OR DUE TO THE SERVICE. DISCLAIMER OF ALL OTHER WARRANTIES. TIK TAK TEK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT OTHERWISE EXPRESSLY PROVIDED BY THE PRECEDING PROVISION.

NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL TIK TAK TEK, LLC, OR ANY OF ITS LEGAL REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATED ENTITIES, TRUSTEES, DIRECTORS, OFFICERS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, HEIRS, SUCCESSORS, LICENSEES, INVITEES, OR ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER (WHETHER KNOWN, FORESEEABLE OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES OR FINES WHATSOEVER (INCLUDING: DAMAGES FOR LOSS OF PROFITS; BUSINESS INTERRUPTION; LOSS OR EXPOSURE OF DATA, CONFIDENTIAL INFORMATION, OR OTHER BUSINESS

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INFORMATION; OR OTHER COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, OR REGULATORY DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THE IP, SERVICES, SUBSCRIPTIONS, OR SOFTWARE, USE THEREOF OR INABILITY TO USE THE IP, SERVICES, SUBSCRIPTIONS, OR SOFTWARE EVEN IF TIK TAK TEK, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TIK TAK TEK’S DISCLAIMER OF INDEMNITY. TIK TAK TEK, LLC, NOR ANY OF ITS LEGAL REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATED ENTITIES, TRUSTEES, DIRECTORS, OFFICERS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, HEIRS, SUCCESSORS, LICENSEES, INVITEES, OR ASSIGNS, ASSUMES NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE IP, SERVICES, SUBSCRIPTIONS, FEATURES, OR SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY. ADDITIONALLY, THIS AGREEMENT DOES NOT INCLUDE TRANSACTIONS OR AGREEMENTS BETWEEN YOU AND THIRD-PARTIES IN CONDUCTING E-COMMERCE, BUSINESS TRANSACTIONS, ACTIVITIES SUBJECT TO PRIVACY OR DATA LAWS OR REGULATIONS, OR ANY OTHER TRANSACTIONS OR AGREEMENTS, AND TIK TAK TEK, LLC, NOR ANY OF ITS LEGAL REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATED ENTITIES, TRUSTEES, DIRECTORS, OFFICERS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, HEIRS, SUCCESSORS, LICENSEES, INVITEES, OR ASSIGNS, ASSUMES NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY REGARDING ANY SUCH E-COMMERCE, BUSINESS TRANSACTIONS, ACTIVITIES, OR ANY OTHER TRANSACTIONS OR AGREEMENTS BETWEEN YOU AND THIRD-PARTIES.

8.2 Third Party Claims and Indemnification.

(A) Notice. You shall notify Tik Tak Tek of the receipt of any allegation or claims that Your IP or Tik Tak Tek’s IP violates the trade secret, trademark, copyright, patent, or other proprietary right of any other party, and shall cooperate with Tik Tak Tek in the investigation and resolution of any such claim. In additional Tik Tak Tek may take the actions provided for in Section 3.3 above.

(B) INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS TIK TAK TEK, ITS LEGAL REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATED ENTITIES, TRUSTEES, DIRECTORS, OFFICERS,

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STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, HEIRS, SUCCESSORS, LICENSEES, INVITEES, AND ASSIGNS (COLLECTIVELY, “INDEMNITEES”) FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, LIENS, FINES, PENALTIES, CAUSES OF ACTION, SUITS, CHARGES, JUDGMENTS, ADMINISTRATIVE ORDERS, REMEDIATION REQUIREMENTS, ENFORCEMENT ACTIONS OF ANY KIND AND ALL COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH OF ANY NATURE, KIND, OR DESCRIPTION OF ANY PERSON OR ENTITY (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES INCURRED BY TIK TAK TEK IN ENFORCING THIS INDEMNITY), DIRECTLY OR INDIRECTLY ARISING OUT OF, CAUSED BY OR RESULTING FROM (IN WHOLE OR IN PART): (1) ANY OF YOUR, YOUR CONTRACTORS, OR YOUR SUBCONTRACTORS ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY YOU OR YOUR CONTRACTS OR SUBCONTRACTORS, THEIR SUCCESSORS AND ASSIGNS, OR ANYONE THAT THEY CONTROL OR EXERCISE CONTROL OVER, OR (2) RIGHTS OF THIRDPARTIES THAT WOULD OTHERWISE BE APPARENT FROM YOUR PURCHASE AND USE OF TIK TAK TEK’S IP, SUBSCRIPTIONS, SERVICES, FEATURES, OR SOFTWARE (COLLECTIVELY, “LIABILITIES”), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO THE CONCURRENT NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH YOUR OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY IS WITH RESPECT TO LIABILITIES RESULTING FROM THE SOLE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF AN INDEMNITEE.

YOU SHALL PROMPTLY ADVISE TIK TAK TEK IN WRITING OF ANY ACTION, ADMINISTRATIVE, OR LEGAL PROCEEDING OR INVESTIGATION TO WHICH THIS INDEMNIFICATION MAY APPLY, AND YOU AT YOUR EXPENSE, SHALL ASSUME ON BEHALF OF TIK TAK TEK (AND THE OTHER INDEMNITEES) AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH THE DEFENSES THEREOF WITH COUNSEL SATISFACTORY TO TIK TAK TEK; PROVIDED, HOWEVER, THAT ANY INDEMNITEE SHALL HAVE THE RIGHT, AT ITS OPTION, TO BE REPRESENTED THEREIN BY ADVISORY COUNSEL OF ITS OWN SELECTION AND AT ITS OWN EXPENSE.

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IN THE EVENT OF FAILURE BY YOU TO FULLY PERFORM IN ACCORDANCE WITH THIS INDEMNIFICATION PROVISION, TIK TAK TEK AT ITS OPTION, AND WITHOUT RELIEVING YOU OF YOUR OBLIGATIONS HEREUNDER, MAY SO PERFORM, BUT ALL COSTS AND EXPENSES SO INCURRED BY TIK TAK TEK IN THAT EVENT SHALL BE REIMBURSED BY YOU TO TIK TAK TEK, TOGETHER WITH INTEREST ON THE SAME FROM THE DATE ANY SUCH EXPENSE WAS PAID BY TIK TAK TEK UNTIL REIMBURSED BY YOU, AT THE RATE OF INTEREST PROVIDED TO BE PAID ON JUDGMENTS BY THE LAW OF THE JURISDICTION TO WHICH THE INTERPRETATION OF THIS AGREEMENT IS SUBJECT.

THIS INDEMNIFICATION SHALL NOT BE LIMITED TO DAMAGES, COMPENSATION, OR BENEFITS PAYABLE UNDER INSURANCE POLICIES, WORKERS’ COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEES’ BENEFIT ACTS. THIS INDEMNITY SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT IN WHOLE OR IN PART.

_________________________ __________________________ Authorized Representative for Authorized Representative for _________________________ Tik Tak Tek, LLC

8.3 Deliverables and Required Responses. You hereby agree that any obligations of Tik Tak Tek imposed by this Agreement are contingent upon You providing and delivering to Tik Tak Tek, requested materials and information. Such provision and delivery by You is a condition precedent to all terms of this Agreement which impose obligations upon Tik Tak Tek. Additionally, You hereby agree to notify Tik Tak Tek of all changes of contact information, including, but not limited to: residence, address, telephone number, and email. You agree to cooperate fully in the progression of Tik Tak Tek’s efforts to perform under this Agreement by responding promptly to requests for information and materials, and keeping deadlines and time limits.

8.4 Acknowledgment, Entire Agreement, and Ancillary Agreements.

(A) BY INSTALLING, ACCESSING, AND OR USING THE SERVICES OR SOFTWARE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND TIK TAK TEK, LLC, CONCERNING THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ANY AND ALL OTHER

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AGREEMENTS, EITHER ORAL OR IN WRITING, AND CONTAINS ALL OF THE COVENANTS BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES THAT NO REPRESENTATIONS, INDUCEMENTS, OR PROMISES, ORALLY OR OTHERWISE, THAT ARE NOT CONTAINED IN THIS AGREEMENT HAVE BEEN MADE BY ANY PARTY. THE PARTIES ALSO ACKNOWLEDGE THAT NO OTHER AGREEMENT, STATEMENT, OR PROMISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT THAT IS NOT CONTAINED IN THIS AGREEMENT SHALL BE VALID OR BINDING. HOWEVER, THIS PROVISION IS SUBJECT TO ANY ANCILLARY OR RELATED AGREEMENTS SPECIFICALLY AUTHORIZED UNDER SECTION 8.4(B).

(B) Ancillary and Related Agreements. You hereby agree that notwithstanding Section 8.4(A), the following ancillary and related agreements shall or may be entered into according to the following terms:

(1) You shall read and accept Tik Tak Tek, LLC’s Privacy & User Policy;

(2) You shall read, accept, complete, and execute any documentation and provide accurate and complete banking information to Tik Tak Tek, or a third-party service provider, necessary to perform billing, invoicing, payment processing, automatic withdrawals, or other similar transactions. You shall promptly inform Tik Tak Tek of any changes or alterations to such banking information and execute updated documentation necessary for effectuating this provision;

(3) You and Tik Tak Tek may execute an agreement regarding the provision and purchase of Special or Custom Projects pursuant to Section 6.5 of this Agreement.

8.5 Modifications. Any modification of this Agreement shall take effect only if it is in writing and signed by the party to be charged, subject however to the following conditions and provisions:

(A) You acknowledge that, from time to time, circumstances may arise that make it necessary or desirable to vary certain provisions of this Agreement. Such circumstances include:

(1) Tik Tak Tek’s launch of a new Service or a modification to the Service;

(2) a significant change in the Tik Tak Tek’s operating environment;

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(3) an order or a judgment being entered against or in favor of Tik Tak Tek;

(4) a significant corporate event, such as, e.g., the Tik Tak Tek’s merger, acquisition or transformation;

(5) Tik Tak Tek’s transfer of the enterprise or a part of the enterprise to which the Agreement pertains;

(6) the ambiguity, invalidity, voidability, or unenforceability of a provision herein;

(7) any other event whose occurrence or expected occurrence in Tik Tak Tek’s reasonable judgment necessitates an amendment hereto.

(B) You agree that upon any of the circumstances referenced in the preceding section Tik Tak Tek may make such changes to the Agreement as it reasonably deems appropriate.

(C) You agree that Tik Tak Tek may amend the Agreement as follows:

(1) by providing You with the revised text of the Agreement or the revised part thereof or with a URL specifying a location where the same is available on the internet; or

(2) by posting the revised text of the Agreement or the revised part thereof on such page of Tik Tak Tek’s website as then used for publishing materials such as the Terms;

(3) if the Agreement substantially reduces Your rights or increases Your responsibilities, Tik Tak Tek will give You reasonable notice of such new version’s entry into force.

(D) Notwithstanding anything herein to the contrary, Tik Tak Tek may modify the Service or any part thereof at any time and for any reason, with or without notice. Unless otherwise expressly agreed, the use of any new Features, versions, releases, updates, or other modifications that Tik Tak Tek may make available in connection with the Service shall be subject to the Agreement. Your continued use of the Service after any such modification shall constitute Your consent to the respective modification(s).

(E) if You do not agree with Tik Tak Tek’s changes (whether to the Agreement or the Service), Your sole remedy shall be to terminate the Agreement subject to Section 1.1(D) and stop using all Features.

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8.6 Nonwaiver. The Parties agree that no failure or delay in exercising any right under this Agreement on the part of either party shall operate as a waiver of any other right under this Agreement. The Parties also agree that no single or partial waiver of any right, power, or privilege under this Agreement shall preclude further exercise of that right, power, or privilege.

8.7. Disabling or Suspending Subscriptions, Services, and Features. In addition to other provisions in this Agreement, it is hereby agreed by the Parties that Tik Tak Tek may, in its sole discretion, temporarily or permanently disable, close, or restrict access to You for, but not limited to, the following reasons:

(A) The Subscription or Services used are or are alleged to be infringing on anyone’s Intellectual Property or proprietary or personal rights, including and in addition to the provisions of Section 3.3 of this Agreement;

(B) to perform maintenance or other administrative operations of Tik Tak Tek;

(C) You fail to timely pay any fee or charge which is due and payable; or

(D) You have committed any breach or violations of the terms of this Agreement.

In such event, Tik Tak Tek shall not be liable for any loss, damage, or other undesirable consequences resulting therefrom.

8.8 Attorney’s Fees and Costs. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements, in addition to any other relief to which that party may be entitled.

8.9 Taxes. Tik Tak Tek’s fees and rates are exclusive of value added and sales taxes and other public dues (except for those based on Tik Tak Tek’s income), save where Tik Tak Tek has otherwise explicitly stated. You shall be solely responsible for all public dues that may be levied on Your purchase, receipt, import, export, use, or enjoyment of anything provided hereunder.

8.10 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

8.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

8.12 Forum and Venue Consent and Acknowledgment. In the event a dispute arises between the Parties under or related to this Agreement, or any related agreements that cannot be resolved through informal means, they agree that any legal claim or

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cause of action seeking to enforce or construe this Agreement shall be filed in Gaines County, Texas, which will be the exclusive venue and forum notwithstanding any conflict of law rules. The Parties hereby agree and consent to such jurisdiction, forum, and venue pursuant to TEXAS CIVIL PRACTICE AND REMEDIES CODE § 15.035 or later amended versions of that provision

8.13 Consent to Digital Communications, Documents, and Signatures. The Parties hereby consent to receive all communications, necessary or otherwise, by electronic means including, but not limited to, cloud sharing services, email, bluetooth, or other digital device or communication mediums. Such communications made through the services of third-parties such as, but not limited to, cloud sharing providers, email providers or hosts, internet providers, or other digital communication services or parties, shall not be considered a breach of any terms of this Agreement. The Parties hereby acknowledge and authorize the use of digital communicates notwithstanding the inherent confidentiality, cybersecurity, privacy, and disclosure risks. The Parties hereby consent to the use of Digital Documents and Signatures as defined in Article 9. 8.14 Notices. Subject to other provisions for notice, all formal Notices and Requests under this Agreement are to be sent via email to the following addresses with a copy of same transmitted via certified mail upon request. Communications made by electronic means shall be deemed complete when submitted for transfer to a server or electronic communications provider. Communications sent by physical mail shall be deemed complete at the time delivered in person to the party entitled in the communication or deposited in the individual mailbox of the person entitled in the communication, or posted in the United States mail, certified mail, return receipt requested, in a postpaid wrapper. The following email addresses shall be used for each party: To You at following email and physical address: Email: ________________________________ with a copy of same mailed by certified mail, upon request, to the following address: __________________________ __________________________ __________________________. To Tik Tak Tek at following email and physical address:

Email: ________________________________ with a copy of same mailed by certified mail, upon request, to the following address: __________________________ __________________________

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__________________________.

8.15 Separate Contracts and Disclaimer/Waiver of Third-Party Beneficiary status. A separate contract is always formed between Tik Tak Tek and each Customer. No other persons, entities, or Customers are party to, or a third-party beneficiary of, or a protected or otherwise interested third party under, another Customer’s contract with Tik Tak Tek, or can raise any claim based on or in connection with that contract.

9. Article 9 – Interpretation and Definitions 9.1 “Customer”. A Customer shall include any person or entity that purchases or contracts for the Services of Tik Tak Tek.

9.2 “Digital Documents and Signatures”. Digital Documents and Signatures shall include, but is not limited to, digital formats such as PDF, PNG, JPEG, GIF, and other image-file formats; facsimile; or other digital or electronic file formats; as well as digital images of a handwritten signature or encrypted digital signatures created through or maintained by third-party e-signature programs, software, or providers.

9.3 “E-Commerce Website(s)”. E-Commerce Website shall mean a digital and visual design provided at a location accessed via internet connection with one or more pages on the world wide web which is capable of facilitating e-commerce, business, or other financial or consumer transactions. E-Commerce Websites may only be purchased under the terms of Section 6.5.

9.4 “Effective Date”. The Effective Date of this Agreement shall mean the date upon which the terms and conditions of this Agreement inure to the benefit and obligation of the Parties. The Effective Date is the date upon which the later of the following two events occurs or the date upon which they simultaneously occur: (1) the execution of this Agreement by all Parties and/or (2) Tik Tak Tek’s receipt of the Initial Fees payment, as determined by the Subscription Plan entered into by You and described by, subject to, and limited by the terms and conditions of Article 6.

9.5 “Initial Fee”. The Initial Fee shall be the cost attributable and charged to You as determined by the Subscription Plan entered into by You and described by, subject to, and limited by the terms and conditions of Article 6, and which shall be due and payable under the terms of Article 5. Initial Fees consist of a Minimum Initial Fee and any additional per/hour fees as described in Article 6.

9.6 “Native Application”. A Native Application shall mean a software program developed for a particular platform of use, as opposed to a Web-based Application.

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9.7 “One-Time Fee”. The One-time Fee shall be the cost attributable and charged to You upon the execution of this Agreement and the election of a Subscription Plan, as determined by the Subscription Plan entered into by You and described by, subject to, and limited by the terms and conditions of Article 6, which require only a single payment which shall be due and payable immediately upon the execution of this Agreement.

9.8 “The Parties”. All parties to this Agreement are collectively referred to as “the Parties.”

9.9 “Privacy or Data Laws”. Privacy or Data Laws shall include, but is not limited to, any law or regulation of any government sovereign or authority – domestic, foreign, or international – regarding the collection, generation, storage, transmission, or other activity regarding private or protected, business, personal, medical, financial, or other information.

9.10 “Progressive Web Application”. A Progressive Web Application shall mean a traditional Website which may be rendered, viewed, accessed, and otherwise utilized via a mobile platform and mobile web-accessible devices.

9.11 “Services” or “Tik Tak Tek’s Services” or “Features”. Services or Tik Tak Tek’s Services or Features shall mean those tasks, tools, products, services, or other beneficial aspects of purchase which You agree to purchase and Tik Tak Tek agrees to provide as determined by, described by, subject to, and limited by the terms and conditions of Articles 5 and 6.

9.12 “Subscription Plan”. Subscription Plan shall mean the particular Services and products of Tik Tak Tek which You agree to purchase and Tik Tak Tek agrees to provide as determined by, described by, subject to, and limited by the terms and conditions of Articles 5 and 6.

9.13 “Tik Tak Tek”. Tik Tak Tek shall mean Tik Tak Tek, LLC, a Texas Limited Liability Company, and its successors and assigns.

9.14 “Tik Tak Tek’s DIY Applications Editor” (“DIY App Editor”) and “Software”. Tik Tak Tek’s DIY Applications Editor (DIY App Editor) and Software shall include, but are not limited to, the editing software and applications of Tik Tak Tek, LLC, provided to You and for Your use – including their design, production, provision, and collected data – under the terms of this Agreement, and online manuals or other electronic documentation, sound data, and image data, if any, of Tik Tak Tek, LLC.

9.15 “Tik Tak Tek’s Intellectual Property” and “Tik Tak Tek’s IP”. Tik Tak Tek’s Intellectual Property and Tik Tak Tek IP shall include, but are not limited to, copyrights, trademarks, trade secrets, software, applications, domains, designs, inventions, databases, other proprietary information, and websites of Tik Tak Tek. This definition specifically includes Tik Tak Tek’s DIY Applications Editor

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(“DIY App Editor”) and Software, as further defined in this Agreement.
9.16 “Voice Over Recording”. Voice Over Recording shall mean audio-only recordings and/or digital files provided by You, which may be rendered and optimized for use in various audio or visual projects, products, and services which You agree to purchase and Tik Tak Tek agrees to provide as determined by, described by, subject to, and limited by the terms and conditions of Articles 5 and 6.

9.17 “Website”. Website shall mean a digital and visual design provided at a location accessed via internet connection with one or more pages on the world wide web. Such Websites offered in the Subscription Plans of this Agreement shall be limited to data limits, page limits, and additional one-time charges provided in Article 6. This definition does not include the facilitation of e-commerce, business transactions, activities subject to Privacy or Data Laws or regulations, or any other transactions or agreements.

9.18 “Your Intellectual Property” and “Your IP”. Your Intellectual Property and Your IP shall include, but are not limited to, copyrights, trademarks, trade secrets, software, applications, domains, designs, inventions, databases, other proprietary information, and websites that belong to You. 9.19 “You” and “Your”. You and Your is anyone or any entity that accesses, uses, or receives any of the Services of Tik Tak Tek or possesses or controls, directly or indirectly, any item that forms part of the Services, including, without limitation: (a) You; (b) anyone who performs any of the above acts on Your behalf or through Your User Account, whether authorized to do so or not; (c) anyone who accesses a resource (e.g., visits a web page or retrieves a file, information or other object) that is located on the Service(s) or forms a part thereof; (d) anyone with a copy of any Software. Each Customer should interpret this term as referring specifically to him/her/it unless the context otherwise requires. The terms also include any successors and assigns of Yours.

9.20 Captions and Genders. The use of the masculine or feminine genders shall be interpreted to include the other genders, and the use of either the singular or the plural number shall be interpreted to include the other number, unless such an interpretation in a particular case is inconsistent with the general tenor of this Agreement. Any reference to an individual person shall be interpreted to reference a business entity when necessary, unless such an interpretation in a particular case is inconsistent with the general tenor of this Agreement. Any references herein relating to either party shall include her/his/its successors regardless of the gender or business organization of the successors.

[The remainder of this page is intentionally left blank. Signatures follow.]

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Updated Terms and Conditions for Tik Tak Tek Licensing, Subscription & User Agreement

Dear Tik Tak Tek customer,

Thank you for being a part of the Tik Tak Tek team! We wanted to let you know that we have updated the terms of our Licensing, Subscription & User Agreement.
These new terms will be “effective” as of April 1, 2020.
We have edited the following portions of our Licensing, Subscription & User Agreement, and are providing this Notice pursuant to Section 8.5 of that Agreement.

Changes, Updates, & Edits:

• Addition of Section 8.16
8.16 Force Majeure. Should performance of any obligation created under this Agreement become illegal or impossible by reason of any Force Majeure Event below, then the performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance. In order to invoke this provision, the affected Party shall provide written Notice to the other Party(ies) within 5 days of the occurrence of the Force Majeure Event, or in the case of Tik Tak Tek within 5 days of Tik Tak Tek’s intent to invoke this provision. The noticing Party shall exercise all reasonable diligence to remove the cause of force majeure. For purposes of this provision, a Force Majeure Event may include but is not limited to the following: fire; flood; famine; drought; storm; act of God; governmental act, order, law, ordinance, or other authority; labor disputes; war, police action, or other military action of the United States or the State of Texas; terrorist attacks in or on the United States of the State of Texas; pandemic or epidemic as declared by any governmental authority or agency of the United States or one or more of the state governmental authorities or agencies of the State of Texas; or any other cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected.

Thank you again for being a valued customer of Tik Tak Tek.

Tik Tak Tek, LLC