SMART BUILDER 360, LLC Service Terms and Conditons

Last updated: November 4, 2025

USER LICENSE

Subject to the terms and conditions contained herein, SMART BUILDER 360, LLC grants User (User’s employees agents or
independent contractors) a personal, non-exclusive, non-transferable, non-sub licensable, revocable license to access via a web
browser and use the SMART BUILDER 360 solution, including text, graphics, images, data, displays, illustrations and other content
associated with the SMART BUILDER 360 solution, (collectively, the “Solution”) for commercial use in connection with residential or
commercial construction management. This license does not include any right to, and the User will not:

(a) sell or resell the Solution;
(b) copy, reproduce, distribute, publicly perform or publicly display the Solution;
(c) modify the Solution, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Solution;
(d) use any data mining, robots or similar data gathering or extraction methods on the Solution; and (e) use the Solution other than for its intended purposes.

SERVICES

SMART BUILDER 360, LLC provides construction project management services via a web browser. SMART BUILDER 360, LLC will take reasonable efforts to perform services to diagnose, troubleshoot, assess and correct issues related to the operation of the Solution.
User is responsible for payment of license fees regardless of the outcome of services provided by SMART BUILDER 360, LLC.

DATA BACKUP IS USERS’ RESPONSIBILITY

It is your responsibility to have duplicate copies of any and all of the User’s data, information, files, User information any other information and data that is inputted into the solution.

User agrees that SMART BUILDER 360, LLC nor any third-party service provider shall not be liable under any circumstances for but not limited to any loss, disclosure, alteration or corruption of User generated data, including but not limited to any data, information, files, software, digital photos, videos or any other media inputted into the Solution for any reason. These same terms apply to all User account information and passwords.

PROHIBITED CONDUCT

User agrees to use the Smart Builder 360 LLC in accordance with these Terms and applicable laws and regulations. User will not
violate any applicable law, contract, intellectual property or other third-party right and User is solely responsible for his or her
conduct while accessing or utilizing the solution. User will not reverse engineer, decompile, or disassemble any part of the solution
or take any action that may reveal source code. User will also not develop or use any third-party applications or services that interact
with the solution without SMART BUILDER 360, LLC’S prior written consent.

LIMITATIONS TO SERVICE AND LIABILITY

AND/OR ANY THIRD-PARTY SERVICE PROVIDERS RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES, WHOLLY
OR IN PART, AS DETERMINED BY SMART BUILDER 360, LLC AND/OR ITS THIRD-PARTY SERVICE PROVIDERS. SMART BUILDER 360, LLC
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE USER’S RIGHT TO ACCESS OR USE OF THE SOLUTION. IN THE EVENT
USER DESIRES TO CANCEL ITS MONTHLY SUBSCRIPTION AND USE OF THE SOLUTION, USER MAY CANCEL THE MEMBERSHIP AT ANY
TIME BY SENDING AN EMAIL TO kurt.shank711@gmail.com. USER AGREES THAT MONTHLY SUBSCRIPTION FEES ARE
NONREFUNDABLE AND CANCELLATION WILL BE EFFECTIVE UPON THE EXPIRATION OF THE SOLUTION SUBSCRIPTION PERIOD, AT
WHICH POINT ALL DATA UNDER NO CIRCUMSTANCES SHALL SMART BUILDER 360, LLC AND/OR ITS THIRD PARTY SERVICE PROVIDERS
BE LIABLE TO USER, OR ANY OTHER PERSON, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LOST PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA,
OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, ANY SERVICES PROVIDED BY SMART BUILDER 360, LLC AND/OR ITS THIRD
PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE, THE SOLUTION, DATA OR
NETWORK(S) RESULTING FROM THE USE OF THE SOLUTION OR ANY SERVICES PROVIDED BY SMART BUILDER 360, LLC.

NO CONSEQUENTIAL DAMAGE

Access via the web browser to the services provided by SMART BUILDER 360, LLC are provided “as is”, without warranty or condition
of any kind, either express or implied. SMART BUILDER 360, LLC expressly disclaims (i) any implied warranty of merchantability,
fitness for a particular purpose, quiet enjoyment or non-infringement; (ii) any warranties arising out of course-of-dealing, usage or
trade; (iii) any warranties that the use of the Solution will meet User’s requirements or be accurate, reliable, complete or up-to-date;
and (iv) any warranties whatsoever regarding any services, information or other advertised material. In no event shall SMART
BUILDER 360, LLC , its subsidiaries or affiliates, it’s respective officers, directors, employees, representatives, agents, or its contractors
or suppliers (collectively, ‘SMART BUILDER 360, LLC‘) be held liable for special, incidental, consequential, punitive, direct, indirect,
physical, compensatory, punitive or any other damages, including but not limited to, physical injury, loss of data, loss of use, or loss of profits, however caused, whether for breach of contract, negligence, or otherwise, regardless if SMART BUILDER 360, LLC has been advised of the possibility of any such damages.

INTELLECTUAL PROPERTY

SMART BUILDER 360, LLC is the owner of all intellectual property rights to the Solution and all content contained therein. Those works are protected by copyright laws. All such rights are reserved. In accessing the Solution, User agrees that it will access its contents and use the services provided solely for the purpose of residential and commercial construction project management. Excluding all User generated data, The Solution and all content contained therein may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior wriVen consent of SMART BUILDER 360, LLC.

SMART BUILDER 360, LLC does not claim ownership of any User generated content inpuVed into the Solution via web browser. By doing so, User grants to SMART BUILDER 360, LLC a royalty free, sub-licensable, non-exclusive license to copy, distribute, reproduce, publicly display, edit or publish such content via the web browser.

PAYMENT

User’s payment to SMART BUILDER 360, LLC will automatically renew at the end of the applicable subscription period, unless User terminates its subscription as stated above.

ARBITRATION

The laws of the State of Ohio govern these Terms, the construction of its terms and the interpretation of the rights and duties of the parties. Any dispute between the SMART BUILDER 360, LLC and User relating to these Terms, including the arbitrability of the dispute, or the use or operation of the Solution, must be resolved by arbitration in Stark County, Ohio, in accordance with the commercial rules of the American Arbitration Association then existing. This agreement to arbitrate is specifically enforceable and the arbitration award is final and judgment may be entered upon it in any court having jurisdiction over the subject maVer of the dispute.

The terms and policies contained herein may change at any time, without notice.