Cobrand Terms of Service

Effective Date: August 26, 2025.

These Cobrand Terms of Service (“Terms”) set out the legal terms that govern your use of the Cobrand Services (the “Services”). The Terms together with the Cobrand Data Processing Addendum (DPA”) and Acceptable Use Policy (“AUP”) constitute a legally binding agreement (the “Agreement”) between Cobrand Corporation, Inc. (“Cobrand”, “we”, or “us”) and you or the artist, brand, or company that you are authorized to represent (as appropriate, you or the applicable artist, brand or company is referred to as “Customer” or “you”).

PLEASE READ THESE TERMS CAREFULLY. THEY FORM A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR USE OF THE SERVICES.

BY REGISTERING AN ACCOUNT WITH THE SERVICES, SIGNING INTO AN ACCOUNT ON THE SERVICES, OR USING THE SERVICES YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT ON BEHALF OF THE CUSTOMER, AND THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE AGREEMENT.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE AGREEMENT OR YOU DO NOT HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT ON BEHALF OF THE CUSTOMER THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Definitions

“Authorized User” means any person to whom Customer chooses to provide access to their Cobrand account.

“Customer Data” means data, information, and other content provided by Customer or its Authorized Users to Cobrand in connection with Customer’s use of the Services, including, but not limited to, Customer IP and Personal Data of End Users.

“End User” means an individual to whom Customer sends messages using the Services or about whom Customer collects or processes data using the Services.

“End User Communications” means marketing or other communications sent to End Users through Customer’s use of the Services.

“Personal Data” has the meaning set forth in the DPA.

2. Your Obligations

2.1 Communications to End Users. The Services provides tools that Customer may use to send End User Communications. YOU ARE THE LEGAL SENDER OF DIRECT MESSAGES SENT THROUGH YOUR USE OF THE SERVICES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, REGULATIONS, AND INDUSTRY REQUIREMENTS IN THE JURISDICTIONS TO WHICH YOU SEND CONSUMER COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO OBTAINING NECESSARY CONSENTS FROM END USERS.

2.2 Monitoring of End User Communications. Cobrand does not monitor or control End User Communications and is not liable for the quality, integrity, accuracy, or security of End User Communications.

2.3 Access by Authorized Users. Customer and each of its Authorized Users is responsible for ensuring all information provided in connection with registration and use of the Services is accurate and complete.

2.4 Account setup. Customer is solely responsible for configuring the Services and granting or revoking access for Authorized Users. Any assistance provided to Customer by Cobrand in configuring or setting up the Services is not and shall not be construed as legal advice.

2.5 Compliance. Customer is responsible for its Authorized Users’ compliance with the Agreement and activity on the Services, including all fees, charges, or costs incurred. Customer is solely responsible for securing passwords, tokens, or other credentials used to access the Services. Customer shall promptly notify us if you believe any Authorized User’s credentials have been compromised.

3. Provision of the Services

3.1 License to use the Services. Subject to your compliance with the Agreement, Cobrand grants Customer and Customer’s Authorized Users a limited, non-exclusive, revocable, non-assignable, non-sublicensable, and non-transferable license to access and use the Services during the Term.

3.2 You must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence to subscribe to the Services.

3.3 Restrictions. You shall not, and you shall ensure your Authorized Users do not a) use the Services in any way that i) is unlawful, ii) is prohibited by the Agreement, or iii) violates the Cobrand AUP; b) alter, modify, adapt, or create derivative works of the Services; c) except where expressly allowed by Cobrand in writing, sublicense, distribute, rent, loan, or transfer the Services to any third party; d) attempt to determine or derive the source code, algorithms, or similar details of the Service through reverse engineering, decompiling, or similar; or e) disrupt the performance, operation, integrity, or security of the Services.

3.4 Availability and Changes to the Services. We may, at any time and in our sole discretion, update, expand, change or discontinue the Services or features within the Services. Such changes may be temporary or permanent and may impact all or certain territories. We make no representation or warranty with respect to availability of the Services. You are solely responsible for maintaining backup copies of any content or data uploaded to the Services. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.

3.5 Suspension of Access. We have the right, upon written notice to you, to terminate the Agreement, and suspend your access to the Services, if: (a) you fail to pay any amount due under the Agreement; (b) you or any of your Authorized Users materially breach any term, condition, or obligation of the Agreement (including the AUP and DPA); and/or we reasonably determine that continued use of the Services by Customer would adversely impact the performance, security, or reliability of the Services. Upon the expiration or termination of the Agreement for any reason, your access to, and your use of, your subscription will terminate. Cobrand is not liable for Customer damages or costs of any kind related to our suspension, limitation, or termination of the Services under this section.

3.6 Updated to the Agreement. We may, in our sole discretion, update or amend the Agreement from time to time. We will notify You of any changes to the Agreement by email to your email address registered with the Services and/or through notifications within the Services at least 30 days prior to the effective date of the updated Agreement. Cobrand may require You to affirmatively agree to the updated Agreement in order to continue using the Services. If you do not agree with the updated Agreement you may notify Cobrand and close your account prior to the effective date of the updated Agreement.

4. Cobrand Intellectual Property

4.1 As between Cobrand and Customer, all right, title, and interest in the Services is the exclusive property of Cobrand, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Agreement includes specific, limited grants of rights to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by us.

5. Fees and Payment

5.1 General Fee Terms. Customer shall pay Cobrand the fees and charges as set forth in an Order Form or according to a subscription plan selected by Customer or an Authorized User from within the Customer’s account on the Services. This includes recurring subscription fees and any charges for volume-based features of the Services. Fees and charges shall be in USD unless otherwise agreed in writing and are non-refundable. Unless otherwise agreed in writing, the fees and charges are exclusive of applicable sales, use, value-added and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other similar charges. Customer is responsible for paying all such taxes, which Cobrand may bill to Customer’s authorized payment method based on the billing address supplied by Customer. If Cobrand does not charge such taxes, Customer is responsible for determining the applicability and amount of any taxes.

5.2 Fee Changes. Cobrand may adjust fees or charges for the Services from time to time. Adjusted fees or charges will take effect in the first full billing period that begins at least 30 days after Customer is notified of the adjusted fees or charges.

5.3 Late Payment. Payment for subscription fees is due according to the terms of the relevant Order Form. Usage-based charges will be reported to Customer within 1 business day of the usage and are due on the first Friday of the first billing period after charges are reported. If Customer believes a reported or charged amount is incorrect it must notify Cobrand in writing within 7 days of charges posting to their Cobrand account. Customer waives any disputes not raised within this period. Customer acknowledges and agrees that it is responsible for reviewing and approving all usage-based campaigns and that it is responsible for all usage fees incurred under approved campaigns. Cobrand reserves the right to apply a late payment fee in the amount of 2% per month, or the highest amount allowed by applicable law, whichever is lower.

5.4 Payment by Credit Card. If paying by Credit Card, by submitting that information to us or our third party credit card processor, you agree that you irrevocably authorize us and/or our processor to automatically charge your card the amounts due at the time the amount is due. If your credit card is declined or expires we will contact you to arrange a new payment method.

6. Customer Data

6.1 Customer Data. As between Cobrand and Customer, Customer retains all control, right, title, and interest in Customer Data. Customer grants Cobrand a non-exclusive, sublicensable, transferable, worldwide, royalty-free and fully paid license to use Customer Data to the extent reasonably necessary to provide the Services and as otherwise authorized in the Agreement.

6.2 Customer Data Warranty. Customer warrants that Customer has the right and has taken all necessary steps to: i) obtain permissions, valid consents and releases to transmit, store, and use all Customer Data in connection with the Services in accordance with legal, regulatory and contractual obligations; ii) notify End Users of Customer’s collection and use of Customer Data through a legally sufficient privacy policy disclosed before data collection, and iii) grant the rights granted to Cobrand under the Agreement.

6.3 Processing of Customer Personal Data. Cobrand shall process Personal Data contained in Customer Data (“Customer Personal Data”) as a data processor or service provider (as those terms are defined in applicable data protection laws) in accordance with the terms of the Cobrand DPA.

6.4 Use and Export of Customer Data. Customer is solely responsible for all collection, use, changes, and/or deletions of Customer Data that occurs through its and its Authorized Users’ use the Services. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of Customer Data and the means by which Customer acquires it. Customer may retrieve or export Customer Data out of the Services using tools provided through the Services. Cobrand may offer support for such transfers and reserves the right to charge reasonable fees associated with such support. Customer is encouraged to make its own back-ups of the Customer Data.

6.5 End User Communications. Customer shall comply with all applicable laws, regulations, contractual obligations, and industry requirements applicable to Customer’s use of the Services in each jurisdiction to which Customer markets or sends marketing messages, including but not limited to laws governing online promotions, the sending of electronic marketing messages, the sending of SMS and/or MMS text messages, commerce. Cobrand has no obligation to control or monitor End User Communications and does not guarantee the accuracy, integrity, security or quality of End User Communications.

6.6 Cobrand Use of Customer Data. Cobrand may use aggregated and anonymous Customer Data that does not identify Customer or related artists or brands for Cobrand’s legitimate business purposes, including but not limited to improving the Services, training or developing machine learning or AI models, developing new products or services, measuring or reporting use of the Services, or supporting the Services.

7. Confidentiality

7.1 Definition of Confidential Information. As used in the Agreement, “Confidential Information” means any and all confidential or proprietary information or material concerning the Services, in whatever form that: i) if in tangible form, the disclosing party has labeled in writing as proprietary or confidential; ii) if in oral or visual form, the disclosing party has identified as proprietary or confidential at the time of disclosure; or iii) is of a character that is commonly and reasonably regarded as confidential and/or proprietary.

7.2 Exclusions. Confidential Information does not include information or material which: i) is or becomes generally available to the public through no fault of the receiving party; (b) is lawfully provided to the receiving party by a third party free of any confidentiality duties or obligations; (c) the receiving party can prove, by clear and convincing evidence, was already known to the receiving party without restriction at the time of disclosure; or (d) the receiving party can prove, by clear and convincing evidence, was independently developed by employees and contractors of the receiving party who had no access to the Confidential Information.

7.3 Protecting Confidential Information. A receiving party shall not use or disclose Confidential Information of the disclosing party to any third party, except as necessary to exercise its rights and perform its obligations under the Agreement. The receiving party will limit access to the Confidential Information to its employees and contractors who have a need to know, who are subject to confidentiality obligations no less restrictive than those set forth herein and who have been informed of the confidential nature of such information. In addition, the receiving party will protect the disclosing party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in no event with less than reasonable care. At the disclosing party’s request or upon termination of the Agreement, the receiving party will return to the disclosing party or destroy (or permanently erase in the case of electronic files) all copies of the Confidential Information that the receiving party does not have a continuing right to use under the Agreement, and, upon request, the receiving party shall provide to the disclosing party written notice certifying compliance with this sentence, unless prohibited by applicable law.

7.3.1 Notwithstanding the foregoing, a receiving party may disclose Confidential Information to the extent that such disclosure is necessary for the receiving party to enforce its rights under the Agreement or is required by law or by the order of a court or similar judicial or administrative body, provided that the receiving party promptly (to the extent legally permitted) notifies the disclosing party in writing of such required disclosure and reasonably cooperates with the disclosing party if the disclosing party seeks an appropriate protective order.

7.4 Remedies. Each party acknowledges that its failure to comply with the provisions under this section may cause irreparable harm to the other party which cannot be adequately compensated for in damages, and that the other party will be entitled to seek, in addition to any other remedies available to it, interlocutory and permanent injunctive relief to restrain any anticipated, present or continuing breach of this section.

8. Term and termination

8.1 Term. The Term begins on Customer’s creation of an account and continues for the stated subscription length in the Order Form (the “Initial Term”). Thereafter, the Order Form shall automatically renew for renewal terms of the same length (each a “Renewal Term”) the until the Agreement is terminated in accordance with the Agreement or either party notifies the other party of nonrenewal at least 30 days prior to the applicable renewal date. If an Initial Term and/or Renewal Term are defined in the Order Form, those Terms shall control in the case of any conflict or inconsistency with this section.

8.2 Termination. Either party may terminate the Agreement immediately upon notice to the other party if the other party materially breaches the Agreement, and such breach remains uncured more than thirty (30) days after receipt of written notice of such breach. In addition, Cobrand may terminate the Agreement upon notice to Customer if (a) Customer becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation for the benefit of creditors; or (b) in the event of non-payment in accordance with Section 5 of these Terms. Customer is not entitled to any refund of any fees or charges previously paid to Cobrand for Services except in the event Customer terminates due to Cobrand’s uncured material breach of the Agreement, in which case Customer may be entitled to a pro-rata refund of any fees paid for the then-current billing period after termination becomes effective.

8.3 Effect of Termination. Upon termination or expiration of the Agreement for any reason: (a) all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate (except that all payment obligations accrued prior to termination or expiration shall survive); and (b) each party shall comply with the obligations to return or destroy all Confidential Information and Personal Data of the other party, as set forth in these Terms and the DPA. Cobrand shall have no obligation to retain any Customer Data after termination or expiration of the Agreement and shall delete all Customer Data, unless required by applicable law.

9. Warranties and Disclaimers

9.1 YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, we and each of our officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns, hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

9.1.1 the Services;

9.1.2 the functions, features, or any other elements on, or made accessible through, the Services;

9.1.3 any products, services, developer code or instructions offered or referenced at or linked through the Services;

9.1.4 whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);

9.1.5 whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;

9.1.6 whether any defects to, or errors on, the Services will be repaired or corrected;

9.1.7 whether your access to the Services will be uninterrupted;

9.1.8 whether the Services will be available at any particular time or location; and

9.1.9 whether your use of the Services is lawful in any particular jurisdiction.

9.2 EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

9.3 Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.

10. Limitation of Liability

10.1 Our Limited Liability. COBRAND SHALL NOT BE LIABLE TO YOU FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THE AGREEMENT OR ANY TERMINATION OF THE AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, EVEN IF WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY ROYALTIES, FEES, PAYMENTS, OR ROYALTIES THAT ARE DUE FOR ANY USE OR MISUSE OF YOUR CONTENT, WHETHER PURSUANT TO AN EXISTING, EXPIRED, OR TERMINATED AGREEMENT WITH US OR OTHERWISE. OUR TOTAL LIABILITY TO YOU FOR ANY BREACH OF THE AGREEMENT SHALL IN ALL INSTANCES BE LIMITED TO THE AMOUNT ACTUALLY PAID TO YOU BY US FOR THE DISTRIBUTION OR LICENSING OF YOUR CONTENT DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM AGAINST US.

10.2 Maximum Limitation Allowable by Law. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES YOU AGREE THAT OUR LIABILITY TO YOU SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT WE CAN ONLY OFFER OUR SERVICES TO YOU ON THE BASIS THAT OUR LIABILITY IS LIMITED AND SUCH LIMITATION IS A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN YOU AND US.

11. Indemnification

11.1 Indemnification by Customer. You agree to indemnify, defend, and hold harmless Cobrand and our employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Parties”) from any damage, loss, or expense (including, without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought against any of the Parties arising out of your use of the Services or any breach or alleged breach of the Agreement or any of the warranties, representations, covenants, or agreements made by you. Such Claims may include, but are not limited to any act, error, or omission by you, any Authorized User, or any other person under your direction or control.

11.2 Indemnification by Cobrand. We will indemnify, defend and hold you harmless, at our expense, against any Action brought against you (and your officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with you to the extent that such Action is based upon or arises out of an allegation that the Services infringe a valid patent in a member state of the Patent Cooperation Treaty, registered trademark, or registered copyright (“IP Indemnification”).

11.2.1 Our IP Indemnification shall not apply to any Claim involving: i) combination of the Services with hardware, software, equipment, or data not provided by Cobrand; ii) modification of the Services by you or any third party; iii) use of the Services outside the scope of the Agreement; or iv) user interface or related design elements not provided by Cobrand.

11.3 Claims Procedure. In the event of an indemnifiable Claim, the indemnified party shall notify the indemnifying party in writing within 30 days of becoming aware of a Claim and provide the indemnifying party, at the indemnifying party’s expense, any and all reasonable assistance requested in defending against the Claim. The indemnifying party may have sole control of the defense or settlement of Claims. The indemnifying party shall not accept any Claim settlement without the prior consent of the indemnified party that (i) imposes an obligation on the indemnified party; (ii) requires the indemnified party to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on the indemnified party.

11.5 Reimbursement on Demand. You agree to reimburse us, on demand, for any payment made by us at any time with respect to any Claims to which the foregoing indemnity applies. Pending the resolution of any claim, demand, or action, we may, at our election, withhold payment of any monies otherwise payable to you hereunder in an amount which does not exceed your potential liability to us pursuant to this indemnity clause.

12. General Terms

12.1 Consent or Approval. As to any provision in the Agreement that grant us a right of consent or approval, or permits us to exercise a right in its "sole discretion," we may exercise that right in its sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by us without being in writing and signed by an officer of our company

12.2 Relationship of the Parties. The parties hereto agree and acknowledge that the relationship between them is that of independent contractors. The Agreement shall not be deemed to create an agency, partnership or joint venture between you and us, and we shall not have a fiduciary obligation to you as a result of your entering into the Agreement.

12.3 Entire Agreement. The Agreement constitute the entire understanding of the parties relating to the subject matter hereof. The Agreement (including all Addenda) supersede all previous agreements or arrangements between you and us pertaining to the Services. The Agreement cannot be changed or modified except as provided herein.

12.4 No Third Party Beneficiaries. The Agreement are for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of the Agreement.

12.5 Assignment. We may assign its rights and obligations under the Agreement at any time to any party. You may not assign your rights and/or obligations under the Agreement without obtaining our prior written consent.

12.6 Severability and Interpretation. If any provision of the Agreement is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from the Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of the Agreement (which will remain in full force and effect).

12.7 Investigations and Cooperation with Law Enforcement. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of its Services security or its information technology or other systems or networks, (ii) investigate any suspected breaches of the Agreement, (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of the Agreement, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.

12.8 Survival. Any suspension or termination will not affect your obligations to us under the Agreement. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under the Agreement will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of the Agreement, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in the Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

12.9 No Waiver. Except as expressly set forth in the Agreement : (i) no failure or delay by you or us in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of the Agreement will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict our right to amend the Agreement as otherwise permitted in those agreements.

12.10 Governing law. The Agreement and your use of the Services shall be governed by the substantive laws of the State of Delaware without reference to its choice or conflicts of law principles. All disputes arising between you and us under the Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and the parties each hereby submit to the personal jurisdiction and venue of these courts.

12.11 Notice. For any notices under the Agreement, we will contact you through email and, at our sole discretion, through notifications within the services. For notices by you to us, you can contact us through direct message on our social media accounts or email us at [email protected].

12.12 Force Majeure. Cobrand is not responsible or liable to Customer for any delay or failure to perform its obligations hereunder that is due to an event beyond Cobrand’s reasonable control, including but not limited to, acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid).

12.13 Use of Customer Name. Cobrand may list Customer as a customer and include Customer’s name, logo, and trademark on Cobrand’s website and marketing materials indicating Customer’s use of the Services. Cobrand may, at its sole discretion, invite Customer to offer testimonials, participate in case studies, or similar. Such invitations are optional and Customer’s participation is entirely voluntary.