PLATFORM TERMS OF USE

Polite in Public, Inc.
Effective Date: January 1, 2025

1. ACCEPTANCE OF TERMS

Welcome to Polite in Public ("Polite," "we," or "us"). By accessing our Platform (www.politeinpublic.com), utilizing our SaaS platform, or interacting with our event kiosks (collectively, the "Platform"), you agree to be bound by these Terms of Use ("Terms"). If you are entering into these Terms on behalf of a company (e.g., as an Event Organizer), you represent that you have the authority to bind that entity.

2. ACCOUNT REGISTRATION (SaaS Clients)

To access certain features of our platform (e.g., event dashboards, gallery management), you may be required to create an account. * Security: You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized access to your account. * Accountability: You are solely responsible for all activity that occurs under your account, including the configuration of data collection fields (e.g., enabling email capture) at your events.

3. USE OF PLATFORM BY EVENT GUESTS

If you are an attendee at an event utilizing Polite's Platform ("Guest"): * License to Your Image: By using a Polite kiosk or participating in a photo/video activation, you grant Polite and the Event Organizer (our Client) a worldwide, royalty-free license to host, process, and display your image for the purpose of fulfilling the service (e.g., sending you the photo, displaying it on a slideshow). * Commercial Release: If you check a "Consent" box on the kiosk or participate in an activation where commercial usage is clearly disclosed (e.g., a "Brand Ambassador" activation), you grant the Event Organizer the right to use your likeness for marketing and social media purposes as specified in the event's specific disclaimer. * Content Guidelines: You agree not to pose for or upload content that is illegal, obscene, hateful, or violates the rights of others. Polite reserves the right to delete any such content immediately without notice.

4. DATA RETENTION & STORAGE TIERS

Polite is not a permanent cloud storage provider. We retain event media (photos/videos) according to the specific Retention Tier purchased by the Event Organizer: * Standard Tier: Media is stored for 7 days post-event. * Extended Tier: Media is stored for 30 to 90 days post-event (as defined in the specific Statement of Work). * Archive Tier: Storage up to 2 years (available for Enterprise accounts only). * Expiration: Once the retention period expires, all media and associated data are permanently deleted from our servers and cannot be retrieved. It is the Event Organizer's responsibility to download usage reports and media archives prior to expiration.

5. INTELLECTUAL PROPERTY

* Polite IP: The SaaS platform, software code, visual interfaces, and "Polite in Public" trademarks are the exclusive property of Polite in Public, Inc. * Client IP: You retain ownership of any logos, overlays, or creative assets you upload to the platform for your events. * Feedback: If you provide suggestions or feedback regarding the Platform, Polite is free to use such feedback without obligation or compensation to you.

6. FEES AND PAYMENT (SaaS Clients)

* Subscriptions: Fees for SaaS subscriptions are billed in advance. * Event Fees: Fees for white-label Platform are governed by the specific Statement of Work (SOW) or Invoice issued for that event. * Refunds: Subscription fees are non-refundable except as required by law.

7. DISCLAIMERS AND LIMITATION OF LIABILITY

* "As Is" Basis: The Platform are provided "as is" without warranties of any kind. We do not guarantee that the Platform will be uninterrupted or error-free. * Limitation: To the maximum extent permitted by law, Polite shall not be liable for any indirect, incidental, or consequential damages (including loss of data or profits). Our total liability for any claim shall not exceed the amount you paid to us in the 12 months preceding the claim.

8. INDEMNIFICATION

You agree to indemnify and hold Polite harmless from any claims, damages, or expenses (including attorney's fees) arising from: * Your violation of these Terms. * Your violation of any third-party right (including privacy or intellectual property rights). * Any claim that your User Content caused damage to a third party.

9. GOVERNING LAW

These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the state or federal courts located in Los Angeles County, California.