End-User Consent, Release, and Authorization

This End-User Consent, Release, and Authorization (“Agreement”) is required for all End-Users to allow Aboutly Technologies LLC (“Aboutly”) to complete a recording and analysis of the End-User.

1.          Purpose.

1.1.   Analysis and Recording. Aboutly performs neural network mapping analysis on End-Users (“NNM Analysis”) through an online interview (e.g. Zoom) that will be recorded with both video and audio of the End-Users (“End-User Recording”). The End-User Recording will be security stored to be reviewed and analyzed to provide the NNM Analysis of the End-User that will be included in the report that is provided solely to Aboutly’s client (“NNM Report”).

1.2.   Recording Confidentiality. All interview and meeting recordings held by Aboutly will be kept in secure digital storage, confidential from all parties outside of Aboutly except (i) Aboutly’s third-party service providers that are required to maintain the same level of security and confidentially as Aboutly, and (ii) as may be required by law. Aboutly reserves the right to delete all records of the recording after a period of 6 months following the date of interview. The End-User may request deletion of the End-User Recording where required by law.

2.          Consent, License, and Release.

2.1.      End-User Recordings. The End-User agrees to participate in the End-User Recording that includes certain photographs, video recordings, audio recordings, or other means of recording images or sound by Aboutly. The End-User grants to Aboutly the permission to record his or her voice, sounds, conversation, image solely for the purpose set forth above and no other purpose whatsoever.

2.2.      End-User Data and Release.  End-User hereby assigns, transfers, and conveys the End-User Extracted Data to Aboutly, exclusively, irrevocably, and perpetually. To the extent that all such rights are not transferred above, the End-User hereby grants to the Aboutly a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of the End-User Extracted Data (alone or in connection with others and in and in connection with any media, now known or later created) throughout the universe. The End-User Recording is a work-made- for-hire from the moment of creation, and are and shall be the exclusive property of the Aboutly. Aboutly shall be the exclusive owner of all the rights, results, and proceeds of the End-User Extracted Data in each case, of every kind or nature, whether now known or later devised. The End-User hereby releases Aboutly from all claims and demands that the End-User may have now or at any time arising from this Agreement or the use of the End-User Extracted Data.

“End-User Extracted Data” means any data, and other content, in any form or medium, relating to the End-User Recording, End-User Analysis, and End-User Report and all data, and other content that is submitted, posted, or otherwise transmitted by or on behalf of an End-User during the End-User Recording, any information, data, algorithms, assessments, or other content derived from the End-User Recording in an aggregate and/or anonymized manner, including to compile statistical and performance information related to the End-User Analysis and End-User, and any and all intellectual property in connection with the foregoing.

3.          Miscellaneous.

3.1.      Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city of Austin and County of Travis, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

3.2.      Sole Remedy. The End-User hereby releases Aboutly from all claims and demands that the End-User may have now or at any time arising from this release or the use of the End-User Extracted Data or End-User Recording, including claims for employment or loss of employment, torts, contract claims, personal injury claims, invasion of privacy, defamation, libel, infliction of emotional distress, or payments.

3.3.      Limitations of Liability. IN NO EVENT WILL ABOUTLY OR ABOUTLY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ABOUTLY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

I have read and understood the terms of this waiver and acknowledgment form, and I voluntarily agree to its terms.