MASTER SERVICE AGREEMENT

1. Overview

This Master Service Agreement ("Agreement") is entered into by Viking Marketing ("Service Provider") and the client ("Client"). This Agreement governs the provision of software as a service (SaaS) and related services by the Service Provider to the Client.

2. Services

The Service Provider will provide comprehensive SaaS services, including chatbot creation, management, and other related digital marketing services ("the Program"), as detailed in separate Statements of Work (SOWs) or Terms of Service Agreements (TOS).

3. Data Sharing and Privacy

The Client agrees to provide necessary data for the Program. The Service Provider commits to using this data solely for service provision and may share it with third-party services essential for delivering the Program. The Service Provider will take reasonable steps to protect the Client’s data from unauthorized access, use, or disclosure.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

OPT IN CONSENT: By submitting your phone number, you are authorizing us to send you text messages and notifications. Message/data rates apply. Reply STOP to unsubscribe to a message sent from us.

By providing your email address and you agree that Viking Marketing may send you email notifications, promotional material and other marketing materials. We will not share your email address, and will only use it for internal purposes. By providing your phone number, you agree that Viking Marketing, may call you at this number. If this is a cell phone number, you agree that we may contact you, including pre-recorded messages and/or text messages, even if your cell phone provider may charge you for calls according to your current plan. You can view our Privacy Policy for more information regarding user data on both our website and in our software.

4. Third-Party Services

The Program may involve the use of Third-Party Services. The Service Provider is not responsible for the privacy practices or security of these services. The Client is responsible for reviewing the terms of service and privacy policies of these Third-Party Services.

5. Client Responsibilities

The Client is responsible for providing accurate and complete data and for the use of the Program by their employees and agents. Delays in providing required information or approvals may affect the delivery schedule.

6. Intellectual Property and Content Usage

All Work Products created for the Client during the Program are the intellectual property of the Service Provider.

The Client has the right to use these Work Products solely for internal business purposes.

Upon termination, the Client must cease using the Work Products and cannot claim any intellectual property rights over them.

Ideas not implemented or unused remain the intellectual property of the Service Provider.

7. Payment Terms

Fees are due and payable in advance on a monthly basis unless otherwise specified in individual SOWs or TOS.

Our service carries a monthly invoice that is auto-debited from your card each month. There are additional charges to be aware of. As our system is built with phone numbers to allow for SMS, and Voice, you will receive a monthly allotment of minutes/credits each month included in your pricing.

Any minutes that go over that allotted amount will be charged as follows to the card on file:

• Making Calls: $ 0.028 / min ie: $10 = 355 Outbound calls approx.

• Receiving Calls: $ 0.017 / min ie: $10 = 590 Inbound calls approx.

• Text: (160 character in a segment) $ 0.0158 / segment ie: $10 = 635 segments approx.

• Email: $ 0.00675 / email ie: $10 = 5000 emails

Each Phone Number added to the account: $1.15 per month / each.

NOTE: Rates subject to change based on charges from provider. Notifications will be conducted though our terms of service agreement. It is the sole responsibility of the client to read and understand the terms of service.

8. Termination

This Agreement can be terminated by either party with written notice. Specific procedures and effects of termination are outlined in individual SOWs or TOS.

Upon termination, the Client’s right to use the Program ceases immediately.

9. Dispute Resolution

Disputes arising under this Agreement shall be resolved through binding arbitration in Phoenix, Arizona, according to the rules of the American Arbitration Association.

10. Limitation of Liability

The Service Provider’s liability is limited to the fees paid by the Client. Neither party is liable for indirect or consequential damages.

11. Indemnification

The Client agrees to indemnify the Service Provider against claims arising from their use of the Program.

12. Governing Law, Binding Arbitration, and Class Action Waiver

a. Applicable Law

The laws of the State of Arizona will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

b. Binding Arbitration

Please read the following paragraphs carefully because they require you to agree to resolve all disputes between us through binding individual arbitration.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Phoenix, Arizona. Any arbitration award may be entered in a court of competent jurisdiction.

c. Class Action Waiver

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

13. General Provisions

Severability: If any part of this Agreement is found invalid, the remainder continues in effect.

Entire Agreement: This document and any SOWs or TOS constitute the entire agreement between the Parties.

14. Waiver

No waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.

15. Notices

All notices to a party shall be in writing and shall be made via email. Notices to the Service Provider must be sent to [email protected] Notices to the Customer must be sent to the email address provided by the Customer when creating their account. Notices are effective on receipt.

The Service Provider may contact the Customer regarding these Terms using any information the Customer provides, or by any other means if the Customer does not provide contact information. If the Customer no longer wishes to receive communications from the Service Provider, the Customer can click on the "unsubscribe link" provided in such communications or contact the Service Provider at [email protected]

When the Customer creates an account, the Customer must designate a primary email address that will be used for receiving electronic communication related to these Terms. The Service Provider will never send the Customer an email requesting confidential information such as account numbers, usernames, or passwords, and the Customer should never respond to any email requesting such information. If the Customer receives such an email purportedly from the Service Provider, the Customer should not respond to the email and should notify the Service Provider at [email protected]

For all other feedback, comments, requests for technical support, and other communications relating to the SaaS Service or the Terms, please contact the Service Provider at [email protected] or by mail at:

Viking Marketing

ATTN: Legal Department

4240 S Arizona Ave #1063

Chandler, AZ 85248

16. Headings

The headings in this Agreement are for convenience only and will not affect its interpretation.

17. Counterparts

This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

18. User Responsibility

The Customer is responsible for the use of the SaaS Service by their employees and agents. The Customer is also responsible for ensuring that the data that they provide to the Service Provider is accurate and complete.

19. Service Modifications and Interruptions

The Service Provider may modify or interrupt the SaaS Service from time to time for any reason, including but not limited to maintenance, upgrades, or changes to the Third-Party Services. The Service Provider will make reasonable efforts to notify the Customer of any modifications or interruptions to the SaaS Service.

20. Limitation of Liability

The Service Provider will not be liable for any damages or losses arising from the use of the SaaS Service, including but not limited to lost profits, lost data, or damage to property. The Service Provider's liability will be limited to the amount of fees that the Customer has paid for the SaaS Service.

21. Changes to Terms and Conditions

The Service Provider may change the terms and conditions of this Agreement at any time. The Customer will be notified of any changes to the terms and conditions by email. If the Customer does not agree to the changes, they may terminate the Agreement by providing written notice to the Service Provider within thirty (30) days of the date of the changes.

Acceptance of Terms

By clicking on the "Submit Agreement to Confirm Membership" button, you agree to the terms and conditions of this Agreement. You have read and understood the terms and conditions of this Agreement. You understand that the Service Provider will use Third-Party Services to provide the SaaS Service. You agree to review the privacy policies of the Third-Party Services before using them.

Questions, Complaints and Contacts

If you have any questions regarding this Privacy Policy, please contact us at [email protected], or by U.S. mail at the address below:

Viking Marketing

ATTN: Legal Department

4240 S Arizona Ave #1063

Chandler, AZ 85248