Terms of Service

Terms and Conditions of Use

These Terms and Conditions of Use (the "Terms") are between Presentations, Inc., d/b/a Arreya, and/or its affiliates ("Arreya"), and the person or entity (the "Visitor") that visits the Arreya website (https://arreya.com) (the "Website"). These Terms govern access to and use of the Website.

BY ACCESSING AND/OR USING THE WEBSITE, EACH VISITOR ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS as well as Arreya's Privacy Policy (the "Privacy Policy").

These Terms and the Privacy Policy govern Visitor's access to and use of the Website and all content accessible through the Website without entering into a Subscription Agreement or creating an account with Arreya for a digital signage channel (the "Arreya Service") and the products and services available in connection with such a subscription. These Terms shall also apply to any third-party hardware or software purchased by the Visitor through Arreya.

ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT, NOTICE OR COMMUNICATION ISSUED BY VISITOR TO ARREYA AT ANY TIME ARE HEREBY OBJECTED TO AND REJECTED BY ARREYA, SHALL BE WHOLLY INAPPLICABLE TO THE ARREYA SERVICE, AND SHALL NOT BE BINDING IN ANY WAY ON ARREYA.

Notices and Electronic Communications

Visitor consents to receive electronic communications and Visitor agrees that all agreements, notices, disclosures and other communications that Arreya may provide electronically, via email and/or by posting on the Website, satisfy any legal requirement that such communications be in writing and/or be delivered to Visitor.

Changes

Arreya reserves the right, in its sole discretion, to amend, modify or replace these Terms. The most current version of the Terms posted on the Website will supersede all previous versions. It is the obligation of the Visitor to periodically review the Terms to stay informed of any updates. Visitor acknowledges and agrees that the posting of such updated Terms to the Website shall constitute notice to Visitor, effective immediately upon posting.

Intellectual Property

All content that appears on the Website, including text, logos, graphics, images, audio clips, software and data compilations is the property of Arreya or its suppliers (and the compilation thereof is the exclusive property of Arreya) and is protected by United States and/or international copyright laws. The name "Arreya" and all graphics and logos related thereto are the exclusive property of Arreya and may not be used in connection with any product or service that is not Arreya's, in any manner that discredits or disparages Arreya or in any manner that is likely to create confusion regarding the Arreya service and products or the "Arreya" name. All other trademarks appearing on the Website are the property of the respective owners who may or may not be connected to or affiliated with Arreya. Visitor shall comply with any and all end-user license or other agreement applicable to the use of any third party product or service acquired from Arreya.

Access

Subject to Visitor's compliance with these Terms, Arreya hereby grants Visitor a non-exclusive, non-transferable, freely revocable right to access and make personal use of the Website ("Access Right"). This Access Right does not include any right to access or use any other product or service that is accessible only upon entering into a Subscription Agreement and creating an account for the Arreya Service. This Access Right does not provide Visitor with any right to and Visitor shall not sell, copy or commercially use or exploit the Website, its contents or the Arreya Service. This Access Right does not provide Visitor with any right to and Visitor shall not (i) obtain or attempt to obtain or access account information of Arreya's users or (ii) utilize data mining, robots or similar tools to gather or extract data pertaining to the Website or its users.

No Warranty

ARREYA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE WEBSITE, THE ARREYA SERVICE OR ANY PRODUCTS OR SERVICES RECOMMENDED BY OR PURCHASED THROUGH ARREYA. ARREYA PROVIDES THE WEBSITE, THE ARREYA SERVICE AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ARREYA ON AN "AS-IS, WHERE-IS" BASIS.

ARREYA HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, SECURITY, COMPATIBILITY, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the generality of the foregoing, Visitor acknowledges and agrees that Arreya does not and cannot warrant or guarantee that (i) the Arreya Service will operate without errors, (ii) that the Arreya Service will be available and operational at all times, (iii) that the Arreya Service will always be accessible or available and/or (iv) the Arreya Service will be available on a specified date or time or have the capacity to meet the demands of any user during specific hours. Visitor further acknowledges and agrees that Arreya has no control whatsoever over, and no responsibility whatsoever for (i) the availability, speed or quality of the internet service, (ii) the connections between the internet and any user's hardware, fixtures and systems and (iii) the failure of any of the foregoing that prevents access to or use of the Arreya Service.

Arreya does not manufacture any tangible products that Arreya may sell. If there is a manufacturer's warranty with respect to any tangible products acquired from or through Arreya, Arreya is not a party to such warranty and such warranty is provided solely by the manufacturer.

Limitation of Liability

Exclusions. IN NO EVENT WILL ARREYA OR ANY OF ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OWNERS OR AGENTS (COLLECTIVELY WITH ARREYA, THE "ARREYA PARTIES" AND EACH AN "ARREYA PARTY") BE LIABLE TO ANY VISITOR OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE AND/OR THE ARREYA SERVICE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OR OTHER TORT OF ONE OR MORE ARREYA PARTIES OR ANY OTHER LEGAL THEORY, EVEN IF ONE OR MORE ARREYA PARTIES WERE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

Limitations. IN NO EVENT WILL ARREYA'S LIABILITY (COLLECTIVELY WITH THE LIABILITY OF EACH OTHER ARREYA PARTY) ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER ANY CONTRACT, WHETHER SUCH LIABILITY ARISES FROM BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OR OTHER TORT OF ONE OR MORE ARREYA PARTIES OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00). The foregoing is intended as a complete allocation of the risks between Arreya and each Visitor.

Indemnity

Visitor shall indemnify and hold harmless Arreya and each other Arreya Party from and against any claim, liability, damage, assessment, or expense (including expenses of investigation and defense, and reasonable attorney fees and expenses) of any nature whatsoever sustained, suffered or incurred for or on account of, or arising from or in connection with, the access to and/or use of the Website by Visitor, or resulting from the negligence, misconduct or criminal acts of Visitor or Visitor's officers, directors, managers, employees, agents or representatives. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE FOR THE LONGEST PERIOD ALLOWED BY APPLICABLE LAW.

Applicable Law & Disputes

The Visitor's access to the Website and any disputes related thereto, including any rights or obligations arising under these Terms, shall be governed and construed in accordance with the laws of the state of Iowa, without regard to its conflicts of law principles. Visitor agrees to promptly and voluntarily submit to the exclusive jurisdiction of the Iowa state courts located in Cedar Rapids, Iowa or the United States District Court for the Northern District of Iowa located in Cedar Rapids, Iowa (the "Selected Courts") with respect to any disputes or legal proceedings arising out of or in any way related to Visitor's access to and/or use of the Website or any other part of the Arreya Service.

Injunctive Relief

Visitor agrees that money damages would not be a sufficient remedy for breach of the "Access" or "Intellectual Property" sections set forth above in these Terms and that Arreya shall be entitled to, in addition to any other remedies available to it at law or in equity, specific performance, preliminary injunctive relief, permanent injunctive relief and other equitable relief for any such breach by Visitor, without the necessity of posting any bonds or having to prove money damages.

Attorney Fees and Costs

In the event Arreya takes legal action to enforce the terms hereof, Visitor shall pay the reasonable attorney fees and other costs and expenses incurred by Arreya in enforcing these Terms.

Notice

Arreya may deliver notice to Visitor under these Terms by electronic mail or a general or specific notice on the Website. Notices to Arreya must be in writing and will be deemed given when (a) delivered personally, (b) sent by email to info@arreya.com, or (c) sent to the address below, in which case notice is deemed given upon receipt:

Presentations, Inc., d/b/a Arreya — Attn: Accounts, 935 Boyson Ct., Suite B, Hiawatha, IA 52233

Waiver, Amendment & Severability

No waiver, amendment or modification of any provision of these Terms shall be binding on Arreya unless made in a writing expressly stating that it is such a waiver or amendment and signed by an authorized agent of Arreya. These Terms and the Privacy Policy comprise the entire agreement between you, as a Visitor, and Arreya with respect to the access to and use of the Website and supersede all prior agreements between the parties regarding the subject matter contained herein. In the event that any provision is held to be invalid, void or unenforceable, the same shall be enforced to the maximum extent allowed by applicable law and shall be deemed severable to the extent unenforceable.

Arreya Subscription Agreement

This Subscription Agreement (this "Agreement") is between Presentations, Inc., d/b/a Arreya, and/or its affiliates ("Arreya"), and the person or entity that creates an account as provided herein (the "Subscriber"). This Agreement governs access to and use by the Subscriber of the arreya.com website, each Arreya digital signage channel made available for Subscriber's use, all content, optional features, website analysis services, and other services or products subscribed to through the Website (collectively, the "Arreya Service"). This Agreement incorporates the Terms and Conditions of Use and the Privacy Policy by reference.

PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT CAREFULLY BEFORE CREATING AN ACCOUNT. THIS AGREEMENT CONTAINS AUTOMATIC RENEWAL PROVISIONS. BY CREATING AN ACCOUNT, THE SUBSCRIBER ACCEPTS THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND THE PRIVACY POLICY, AS THE SAME MAY BE MODIFIED FROM TIME TO TIME.

1. Creating an Account

In order to subscribe to the Arreya Service, Subscriber must create an account. Arreya requires the Subscriber's name, email address, password, and billing (i.e. credit card) information. Subscriber is responsible to keep the account information up to date and to protect the Subscriber's username and password and control access to the devices used to access the Arreya Service. Subscriber is solely responsible for all activities that occur under or through the Subscriber's account. Subscriber may not assign or otherwise transfer Subscriber's account to any other person or entity.

2. Subscription to the Arreya Service

Subject to the creation of an account, the payment of the Subscription Fee and the other provisions of this Agreement, Arreya grants Subscriber a non-exclusive, non-transferable subscription to access and use the Arreya Service during the Subscription Term.

3. Service Level and Support

Arreya will use commercially reasonable efforts to provide access to the Arreya Service 24 hours a day, seven days a week, except for planned and unscheduled maintenance and circumstances beyond Arreya's control. Arreya will endeavor to respond to customer support inquiries within 24 hours of initial contact, excluding weekends and Arreya holidays.

4. Covenants

Subscriber covenants and agrees, among other things: to cooperate as required to provide the Arreya Service; to comply with all applicable laws with respect to its use of the Arreya Service and any content or data uploaded ("Customer Content"); to obtain all necessary licenses, consents and permissions for the Customer Content; to provide and maintain compliant hardware, network and connections; to not upload "protected health information" as defined by HIPAA; to not upload "personal data" of any "data subject" subject to the GDPR without first obtaining Arreya's prior written consent and each data subject's consent; and that the Customer Content will not violate any trademark, copyright, patent or trade secret rights of any person.

5. Proprietary Rights

Subscriber agrees that Arreya owns all intellectual property rights in the Arreya Service. Except for the right to access and use the Arreya Service during the Subscription Term, this Agreement grants Subscriber no ownership interests or licenses in any patents, copyrights, trade secrets, trademarks, or other rights. Subscriber agrees not to copy, modify, republish, decompile, reverse engineer, resell, sublicense, or use the Arreya Service to build a competing product. Subscriber consents to Arreya's use of the Customer Content in connection with providing the Arreya Service and represents that it owns or has licensed all rights in the Customer Content.

6. Payment and Fees

Each month during the Subscription Term, Subscriber agrees to pay the Subscription Fee, which is billed in advance and is non-refundable. The "Subscription Fee" is the sum of the base monthly fee plus the monthly fee for each optional service (a "premium widget") elected by Subscriber, at the prices posted on the Website. The Subscription Fee is subject to change; changes are effective thirty (30) days after being posted or after notice. Arreya will charge the Subscription Fee to the credit card listed in the account. Subscriber is responsible for all applicable Sales Taxes. Arreya may deactivate access for failure to pay.

7. Permission to Identify Subscriber as a Customer

Unless otherwise agreed in writing, Subscriber authorizes Arreya to identify Subscriber as a client of the Arreya Service and to use Subscriber's name, trade name, trademarks, and logos for such identification, unless and until Subscriber provides notice requesting that Arreya cease doing so.

8. Term & Termination

The Subscription Term commences on the date specified by Arreya and continues for a period of thirty (30) days, automatically renewing for successive thirty (30) day periods until either Party terminates. Subscriber may terminate at any time by written notice; Arreya must receive such notice at least fifteen (15) days before the next Subscription Fee is due to avoid the next charge. All fees billed are non-refundable. Arreya may terminate immediately upon any material breach, or without cause on thirty (30) days advance notice with a pro-rata reimbursement for prepaid amounts.

9. Changes

Arreya reserves the right to modify the Arreya Service from time to time. If Arreya determines that such modifications materially reduce the value of the Arreya Service, it will notify Subscriber, who may terminate effective immediately upon notice received within fifteen (15) days after the modifications take effect, with a pro-rata reimbursement for prepaid amounts.

10–16. Confidentiality, Notices & General

Subscriber agrees to hold Arreya's Confidential Information confidential. Subscriber assumes liability arising from any Unauthorized Disclosure Event relating to its content, and Arreya's sole obligation is to provide notice within a reasonable time after learning of certain qualifying events. Subscriber makes customary representations and warranties regarding its permissions, rights, and content. Notices to Arreya must be in writing to info@arreya.com or the address below. Nothing in this Agreement creates a partnership or agency relationship. This Agreement comprises the entire agreement between the Parties. Arreya is entitled to equitable relief for breaches of the proprietary-rights and confidentiality sections.

Presentations, Inc., d/b/a Arreya — Attn: Accounts, 935 Boyson Ct., Suite B, Hiawatha, IA 52233 · info@arreya.com · (319) 294-6671