THENOTCOMPANY, INC. TERMS & CONDITIONS

THENOTCOMPANY, INC - TERMS AND CONDITIONS
‍These terms and conditions (“Terms and Conditions”) are applicable to the User and they regulate the access, navigation and/or use of the web site www.tech.notco.com/notbranded and notco.com/notbranded (the “Site”), which is controlled by TheNotCompany, Inc (“NotCo”, “us” or “ours”) with address at: 454 Shotwell, San Francisco, California 94110.
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‍Acceptance of Terms and Conditions.
‍Before using the Site, the Users must read the Terms and Conditions cautiously as they will be legally binding on them from the moment the Users access the Site. The access and/or use of the Site is conferred to whoever accesses under the condition of User, accepting, from that very moment, fully and without reservation, these Terms and Conditions, as well as the particular conditions that, if applicable, complement, modify or replace the current Terms and Conditions, in relation to all the services and contents of the Site.Anyone who does not expressly and unconditionally accept these Terms and Conditions must refrain from accessing the Site, either directly or indirectly, and from using any information or service provided by the Site.These Terms and Conditions apply regardless of the type of device used to access the Site (e.g., mobile devices, computer equipment or any other compatible technologies).
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‍Contents of the Site.
‍The contents of the Site include or may include materials, information, services, among others, related to different types of products or services provided or that may be provided by NotCo. Such contents may be modified, limited or added to from time to time at the sole and absolute discretion of NotCo, in which case, it shall be understood that these Terms and Conditions shall cover the contents effectively available on the Site and/or those displayed or used by the Users.

‍Definitions.
‍For purposes of these Terms and Conditions, the following terms shall have the meanings set forth in this section.“NotCo”: TheNotCompany, Inc.“Related Party”: any affiliate, controlling or controlled entity of NotCo and/or subsidiaries of Notco.“Service Providers”: any third-party service provider, other than a Related Party, that may provide certain services for us or on our behalf.“Distinctive Signs”: has the meaning attributed to it in the “Distinctive Signs used on the Site” section of these Terms and Conditions.“Site”: means the website [*].“Third-Party Websites”: means websites or computer locations that are operated or controlled by parties other than NotCo or its Related Parties.“Terms and Conditions”: means this document or its updated version hereof as may from time to time be modified by NotCo.“User” or “Users”: any person who accesses and/or uses the Site.

‍Use of the Site for Advertising Purposes.
‍The Site is for informational and advertising purposes only. No transactions, contracting, sales, payment processing or any other commercial activity involving a supplier-consumer relationship, as such subjects are defined or interpreted based on the applicable consumer protection legislation, shall be carried out through the Site.The information published on the Site is for promotional purposes only and does not constitute a binding offer to sell or a contractual commitment on behalf of NotCo. Therefore, such information does not create a supplier-consumer relationship under the applicable consumer law. Any sale of products or rendering of services by NotCo shall be carried out through the formal channels established by NotCo and in accordance with the provisions that NotCo and the User may mutually agree in an agreement subsequent and independent to these Terms and Conditions.The commercial or contractual relationship that may be independently established between NotCo and the Users may be governed by laws other than those applicable to these Terms and Conditions.

‍Analysis and Approval of Requests.
‍Considering the promotional and advertising purposes of the Site, Users may use the contact information included in the Site and/or in these Terms and Conditions, in order to establish communications with NotCo and seek the establishment of a commercial and/or contractual relationship.Nevertheless, NotCo reserves the right to review, analyze and evaluate all communications received from Users and to respond only to those Users that NotCo determines, in its sole discretion, may fit or meet the profile of a customer, collaborator and/or business partner.Users must take into consideration that NotCo, in accordance with its business model, will only consider as potential customers, collaborators and/or business partners, legal entities legally constituted and existing in accordance with the applicable legislation, and that the relationship established between them will have a commercial nature. Likewise, NotCo reserves the right to grant exclusivity and/or contract with a single User with respect to any of its products or services.In this regard, any request or communication sent by individual Users will be automatically discarded without the need for justification or prior notification. Likewise, NotCo may reject those requests or communications from legal entities that, at its discretion, do not meet additional requirements to be considered within the desired customer profile.The User acknowledges and accepts that the sending of a request or communication does not guarantee its acceptance by NotCo, and that the fact that NotCo in the first instance issues a response to the request or communication does not guarantee the formalization of a commercial or contractual relationship with NotCo, which will be in effect only and until it is duly agreed and executed by both parties, complying with the formalities and requirements of the applicable legislation.

‍Ownership and Use of the Site.
‍The User accepts and understands that the Site is available for personal and non-commercial use. Likewise, Users accept that the Site and all intellectual and industrial property rights derived from or included in the Site are and shall remain the property of NotCo, and that they shall have rights to use the Site to the extent that such use is in accordance with the terms set forth in these Terms and Conditions.NotCo shall not be responsible or liable for any damages of any kind incurred by Users in connection with any use of the Site for commercial or other purposes not authorized under these Terms and Conditions. NotCo reserves the right to deny or terminate the User’s access to the Site. The provision of the Site is free of charge and, on this basis, NotCo has no maintenance or support service obligation and shall not be liable for any loss or damage that the User may suffer as a result of a failure to maintain or update the Site.The User may not copy, modify or recreate the Site, its updates or any part thereof, including the software incorporated therein. The User must use the Site for lawful purposes and in accordance with these Terms and Conditions. The acceptance of these conditions implies the concession in favor of the User of a limited, revocable, non-transferable and non-exclusive authorization to view, print and distribute the content of the Site for personal and non-commercial purposes, provided that the User does not remove or obscure copyright notices or any other notice contained in the content of the Site.The User may not copy, reprint, modify, display, develop, translate, distribute, adapt, transmit, communicate to the general public by telecommunication or any other means, disclose or sell the content from the Site in any way, for any commercial use or disclose it to third parties for commercial purposes, including other websites, without the prior written consent of NotCo.In addition, the User agrees not to: (i) use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other use of the Site, including any User’s ability to engage in real time web-based activities; (ii) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including web scraping, data mining, monitoring or copying of any material on the Site; (iii) use any process to control or copy any material on the Site, or for any other unauthorized purpose, without the prior written consent of NotCo; (iv) use any other device, software or routine to interfere with the proper working of the Site; or (v) make any other attempt to interfere with the proper working of the Site.The use of the Site or its contents or materials, in contravention of or in excess of the provisions of these Terms and Conditions, may constitute an infringement of copyrights, industrial property rights and other rights protected by applicable law, of which NotCo is the direct or indirect owner. NotCo and any licensee or third party authorized by NotCo, reserves the right to exercise all legal actions and precautionary measures that may be applicable in accordance with the applicable legislation.In accordance with the foregoing, any use of the Site or its contents or materials, which has not been expressly contemplated in these Terms and Conditions, or authorized in advance and in writing by NotCo is forbidden.

‍Distinctive Signs used on the Site.
‍The trademarks, designs, trade names, slogans, trade dress and any other distinctive signs or copyrighted works (the “Distinctive Signs”) displayed on the Site or contained in the materials or content of the Site are owned by NotCo, its Related Parties and/or its Service Providers, and may not be used in connection with products and/or services that are not associated with, related to, sponsored or distributed by their respective rights holders. Therefore, Users acknowledge and agree to respect the Distinctive Signs, not to copy, distort or modify them, not to use them or attempt to use them for their own purposes, and not to attempt to register them in their own name or in the name of third parties, either before local or foreign authorities. The limitations established in this provision for Distinctive Signs shall also apply to any distinctive sign that is confusingly similar or that, for any reason, may cause confusion among the consumer public by promoting or allowing the products or services offered under such distinctive signs to be associated with those owned by NotCo, its Related Parties and/or its Service Providers.All the Distinctive Signs that are not owned by NotCo, its Related Parties and/or its Service Providers, which appear in the Site, if any, are property of their respective owners and Users agree not to use them or attempt to register them, in the United States or abroad.No content on the Site may or should be interpreted, implicitly or explicitly, as granting any license or right to use any of the Distinctive Signs or concepts displayed on the Site, without the prior written consent of NotCo or their respective owners.

‍Acceptance of these Terms and Conditions.
‍Access to the Site, directly or indirectly, its use and/or the downloading of information contained therein implies that the User accepts these Terms and Conditions in all its aspects. Nevertheless, the contracting, acquisition, licensing, use or exploitation that the User makes of any application, software, data, products or any other service that NotCo provides outside the Site, will be subject to the terms of an eventual legal agreement to be celebrated between the User and NotCo.

‍Alteration of the Site.
‍NotCo reserves the right to update, modify or delete, in whole or in part, the Site, as well as any content or information published on it, as deemed appropriate, and may exercise such right at any time and without prior notice. Likewise, NotCo may modify unilaterally and without prior notice, whenever deemed appropriate, the structure and design of the Site, as well as modify or eliminate the contents and the conditions of access and/or use of the Site.

‍Admissibility and Access.
‍Users should consider that the contents and services of the Site are only available to parties with full legal capacity to exercise their rights and who can enter into legally binding agreements in accordance with applicable law. If Users are minors or do not qualify with the conditions mentioned above, they are not authorized to use the Site, its contents or services.Access and use of the Site by minors, in accordance with current legislation, is the responsibility of their respective parents, legal guardians or representatives, and they are therefore strongly advised to take appropriate precautions while browsing the Site.Without prejudice to the above, NotCo reserves the right to deny at any time and without prior notice access to the Site to those Users who fail to comply with any or some of the aforementioned general conditions.

‍Contact.
‍In the event that the User wishes to contact us, NotCo will ask the User to provide: (i) the reason for the request, and (ii) certain personal and contact information, such as first and last name, e-mail address and country. The User agrees to provide accurate and complete information when contacting NotCo and authorizes NotCo to process and store the information in accordance with the provisions of NotCo privacy policy available at https://tech.notco.com/licenses.In the event that the User provides NotCo with data or information of third parties, whether individuals or legal entities, the User declares before NotCo to be authorized, to have authorization and/or to have an express instruction to share with NotCo such data or information. Therefore, Users release NotCo from any liability derived from or related to claims or lawsuits filed by the respective owners of the data or information.

‍Privacy.
‍NotCo has and applies a privacy policy that can be consulted at the following link: https://tech.notco.com/licenses.By using the Site, the User grants NotCo its consent and acceptance to these Terms and Conditions, as well as to the privacy policy.

‍Territorial Scope of the Site.
‍NotCo controls and operates the Site from the United States of America. Unless otherwise indicated on the Site, the Site is intended to promote only those products or services of NotCo sold in or intended for sale in the United States. Therefore, NotCo makes no representation that the Site or the products or services included or described therein are appropriate or available for use in territories outside of the United States.

‍Links to Third-Party Websites.
‍The Site may contain links or references to Third-Party Websites. These links are provided solely for the User’s convenience. No third-party information, material or content contained on, referenced, included in, or linked to or from the Site implies endorsement of any third-party products, services or information. All information, data, opinions, recommendations, products or services provided by such third parties, whether through links to other websites or directly through their own websites, are the sole property of such third parties and not of NotCo, and NotCo assumes no responsibility or liability with respect thereto. The User’s use of Third-Party Websites is subject to the terms of use and privacy policies of such websites.

‍Disclaimer of Warranties Regarding Use and Operation of the Site and Links Visible on the Site.
‍The material available on the Site is provided on an “as is” basis, as available and without conditions or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, User waives all conditions and warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.NotCo does not warranty that the Site will meet requirements, or that access to the Site will be uninterrupted, timely, secure or error-free, or that defects, if any, can or will be corrected.NotCo makes no warranty whatsoever as to the results that may be obtained from the use of the Site or as to the accuracy, quality or reliability of the information obtained through the Site. Material on the Site could include technical inaccuracies or typographical errors and may be inaccurate or become inaccurate as a result of developments after their respective dates. NotCo assumes no obligation to verify or maintain the currency of such information.With regards to the operation of the Site, NotCo does not guarantee that (i) the operation of the Site will meet User’s requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, trojan horse or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. User understands and agrees that use of any material and/or data downloaded or obtained through the Site shall be at User’s own risk and User shall be solely responsible for any damage to User’s computer system or loss of data on User’s computer that results from the download of such material and/or data.NotCo is not responsible in any way for those contents, commercial activities, products and services included that may be displayed through electronic links, directly or indirectly, through the Site, especially those that may correspond to contents of added value for the User, such as leisure, entertainment, interesting facts, tips or others. The existence of links on the Site, unless expressly stated to the contrary, are for information purposes only and in no case implies a suggestion, invitation or recommendation thereof. NotCo reserves the right to withdraw or modify unilaterally and at any time the links that appear on the Site.

‍Limitation of Warranties Regarding Product and Product Information Displayed on Site.
‍NotCo may provide illustrative examples of products that are not available for sale and are displayed for illustration purposes only. As such, those products have not been tested, evaluated, cleared or approved under any applicable regulatory standards, including but not limited to food, health, or safety regulations. This content is intended solely for informational purposes and should not be interpreted as an offer, endorsement, or guarantee of product availability, functionality, or compliance with any legal or regulatory framework.NotCo does not provide any representation or warranty to potential customers or business partners related to the products or services displayed on site, or that from time to time may be offered, either nationally or internationally. Likewise, NotCo does not provide any warranty as to merchantability, fitness for a particular purpose, title and non-infringement.It is the sole responsibility of the User to conduct the necessary investigations and verifications regarding the availability and legal status of the products or services that are promoted on the Site, and in which the User is interested in becoming a customer or business partner. NotCo assumes no responsibility for claims, disputes or conflicts arising from possible rights of third parties on the products or services mentioned.

‍Limitations of Liability.
‍TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL NOTCO, THEIR RELATED PARTIES, SERVICE PROVIDERS, THEIR LICENSORS AND/OR LICENSEES BE LIABLE TO USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES THAT MAY RESULT FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY MATERIAL POSTED ON THE SITE; (II) THE CONDUCT OF ANY OTHER USER OR THIRD-PARTY ON THE SITE; (III) ANY OTHER MATTER RELATING TO THE SITE.THE FOREGOING LIMITATION SHALL APPLY EVEN IF NOTCO OR AN AUTHORIZED REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DAMAGES REFERRED TO HEREIN INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.In the event that applicable law does not allow the exclusion or limitation of warranties and/or liability in the terms set forth in these Terms and Conditions, such exclusion and/or limitation shall be deemed to be made to the fullest extent permitted by law.

‍Consumer Protection.
‍The provisions relating to limitations of liability and/or exclusion of warranties included in these Terms and Conditions are not intended in any way to exclude unwaivable consumer rights under the provisions of the the applicable laws. Therefore, such consumer rights as may be applicable to Users of the Site shall remain intact, provided that such Users effectively have, in relation to NotCo, a supplier-consumer relationship, under the provisions of applicable laws.

‍Indemnification.
‍User agrees to defend and indemnify NotCo, its Related Parties and Service Providers, and each of their respective agents, licensors, successors and assignees, from and against any and all claims, demands, actions or proceedings of any kind, and from any and all damages and liabilities, costs and expenses, including reasonable legal fees, related to use of the Site in breach of what is permitted by these Terms and Conditions, and/or any breach or alleged breach of any of the warranties, representations or agreements of the User set forth herein.

‍Period of use.
‍NotCo reserves the right to stop providing or making the Site available at any time, without prior notice to Users.

‍Modification to Terms.
‍NotCo reserves the right to make changes to the Terms and Conditions from time to time at its sole discretion by updating the Terms and Conditions on the Site and indicating the effective date of the new version of the Terms and Conditions. The “Last Updated” date included in these Terms and Conditions will indicate when the last changes were made. The User’s continued use of the Site following the posting of a new version of the Terms and Conditions will imply the User’s acceptance of such changes.

‍Applicable Law and Jurisdiction.
‍These Terms of Use, as well as the relation between User and NotCo, shall be governed by and construed in accordance with the laws of the State of New York, United States. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites (“Claims”) raised by you shall be instituted exclusively in the courts located in the borough and city of New York, United States. NotCo may bring any Claims against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

‍Severability of Provisions.
‍If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired in any way.

‍Non-Waiver.
‍The failure or inaction of NotCo to claim or enforce the provisions of these Terms and Conditions shall not be understood as a waiver of any of NotCo’s rights under these Terms and Conditions. Only a waiver made in writing and duly signed by a legal representative and/or an attorney-in-fact of NotCo with the necessary powers to make such a waiver shall have legal effect.

‍Contact Information and Attention to the User.
‍If the Users have any questions, would like to communicate with NotCo, or would like to submit requests, complaints or claims, they may write to [whynot@thenotcompany.com], and/or submit their request, complaint or claim physically at the address located at [[454 Shotwell, San Francisco, California 94110]].

Last update: [*] February, 2025.