End User License Agreement

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and ClockShark ("ClockShark", "we", "us", or "our") governing your access to and use of the ClockShark software product and related services ("Services"). This EULA forms part of, and is incorporated into, the Terms and Conditions here ("T&Cs").

By accessing or using the Services, you agree to be bound by this EULA and the T&Cs. If you do not agree, you must not use the Services.

1. Grant of License

ClockShark grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription term, solely for your internal business purposes and in accordance with this EULA and the T&Cs.

You may not sell, resell, license, lease, distribute, or otherwise make the Services available to any third party except as expressly permitted.

2. Reservation of Rights

All rights, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of ClockShark and its licensors. All rights not expressly granted are reserved.

3. Suspension and Termination

ClockShark may suspend or terminate your access to the Services, in whole or in part, immediately and without liability, if:

(a) you breach this EULA, the T&Cs, or any applicable policy;

(b) your use exceeds applicable service quotas or limits;

(c) your use poses a security risk or may adversely impact the Services or other customers; or

(d) required by law or third-party service providers.

Where practicable, ClockShark may provide notice and an opportunity to cure, but is not obligated to do so.

Upon termination, you must immediately cease use of the Services.

4. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOCKSHARK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must promptly notify ClockShark of any unauthorized use.

6. Service Quotas and Usage Limits

(a) Your use of the Services is subject to ClockShark's Service Quotas & Usage Limits Policy here ("Service Quotas Policy"), as updated from time to time.

(b) The Service Quotas Policy defines limits that may apply to features including, if applicable, API usage, email delivery, AI/ML functionality, automation, storage, and other system resources.

(c) ClockShark enforces Service Quotas programmatically. If limits are exceeded, ClockShark may throttle, delay, reject, or suspend access to the applicable functionality.

(d) If your usage exceeds applicable limits, ClockShark may, at its sole discretion:

(i) restrict or suspend functionality;

(ii) require you to upgrade your plan; and/or

(iii) charge additional fees at ClockShark's then-current rates.

(e) ClockShark may modify Service Quotas at any time. Continued use constitutes acceptance of the updated limits.

7. Content and Fair Use

You are solely responsible for all data and content submitted to the Services ("Content").

You may not use the Services to:

(a) upload or transmit unlawful, infringing, or harmful content;

(b) distribute malware or interfere with system operations;

(c) send unsolicited, bulk, or abusive communications;

(d) generate excessive automated content outside intended workflows;

(e) bypass or attempt to bypass system limits or safeguards; or

(f) use the Services in any manner that violates applicable laws or regulations.

ClockShark may remove or restrict Content that violates this section.

Your use of the Services is subject to ClockShark's Fair Use Policy here, as updated from time to time.

8. Communications and Email Functionality

(a) The Services may enable you to send emails or other communications.

(b) You are solely responsible for all communications sent using the Services and must comply with all applicable laws, including anti-spam, privacy, and marketing laws.

(c) You must not use the Services for unsolicited or bulk communications outside legitimate business purposes.

(d) ClockShark may monitor sending patterns and suspend or restrict messaging functionality where misuse or risk is identified, including risks to system integrity or third-party service providers.

9. Al and Machine Learning Features

(a) The Services may include Al-powered or machine learning features.

(b) You acknowledge that:

(i) outputs may be inaccurate, incomplete, or unreliable; and

(ii) such outputs are generated automatically based on available data and user inputs.

(c) Al outputs are provided for general informational and productivity purposes only and are not a substitute for professional judgment, industry expertise, or compliance with applicable laws or regulations.

(d) You are solely responsible for reviewing, verifying, and approving all Al-generated outputs prior to use, particularly where such outputs may impact safety, legal compliance, customer communications, or financial outcomes.

(e) You must not:

(i) use Al features in a manner that is unlawful or infringes third-party rights;

(ii) generate content at scale beyond intended use;

(iii) attempt to reverse engineer, extract, or replicate underlying models or systems; or

(iv) use Al outputs in high-risk scenarios without independent validation.

(f) Al Feature Disclaimer: To the maximum extent permitted by law, ClockShark disclaims all liability for any loss, damage, or adverse outcome arising from or related to your reliance on Al-generated outputs.

(g) No High-Risk Use: The Services, including Al features, are not designed or intended for use in high-risk or safety-critical environments, including where failure could result in death, personal injury, environmental harm, or significant property damage. You agree not to use the Services for such purposes and assume all risk if you do so.

(h) ClockShark may modify, limit, or suspend Al functionality at any time, including to manage system capacity, performance, or cost.

(i) ClockShark may monitor usage of Al features to enforce limits and prevent misuse.

10. Location and Geofencing Features

(a) The Services may include features that enable the collection or monitoring of location data, including geofencing functionality.

(b) You acknowledge that the use of such features may be subject to laws and regulations relating to privacy, data protection, and workplace surveillance.

(c) You are solely responsible for:

(i) providing all required notices;

(ii) obtaining all necessary consents; and

(iii) ensuring lawful use of such features.

(d) ClockShark does not monitor or control your use of location data and is not responsible for your compliance with applicable laws.

(e) To the maximum extent permitted by law, ClockShark disclaims all liability arising from your use of location-based features.

11. Third-Party Services

The Services may integrate with third-party services or be accessed by third parties authorized by you. ClockShark is not responsible for any third-party services or for the acts or omissions of any third parties authorized by you to access or use the Services.

12. Indemnity

You agree to indemnify, defend, and hold harmless ClockShark from any claims, damages, liabilities, costs, and expenses arising out of:

(a) your misuse of the Services;

(b) your Content;

(c) your violation of this EULA or applicable laws; or

(d) your use of Al-generated outputs.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOCKSHARK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

CLOCKSHARK'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU UNDER THE T&CS IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

14. Order of Precedence

In the event of any conflict between this EULA and the T&Cs, the T&Cs will control.

15. Changes to this EULA

ClockShark may modify this EULA from time to time.

Where changes are material, ClockShark will provide reasonable notice, which may include notice through the Services or via email.

Where changes are required to address security, legal, or misuse risks, updates may take effect immediately.

Your continued access to or use of the Services after the effective date of any updated EULA constitutes acceptance of the revised terms.

Version: July 30, 2026