General Terms of Service

Welcome, and thank you for your interest in Landmark Corporation (DBA SOLOC™). These General Terms of Service (the “General Terms”) govern your access to and use of the www.soloc.com website or any related website or mobile application (“Site”), including any content, functionality, products, “Additional Services” (as defined below in Appendix B), and services offered on or through the Site (“Service”).

These General Terms, including any additional agreements incorporated by reference herein (identified in Appendix A) and any “Additional Terms” (as defined below in Appendix B) you agree to when using any Additional Services (collectively, the “Terms”), form a legally binding agreement between SOLOC™ and you regarding your use of the Service. “You” and “your” refer to any person who accesses or uses the Site or Service. You may either enter into these Terms on your own behalf for personal use or on behalf of your employer. If you are entering into these Terms on your own behalf for personal use, you are a “User” under these Terms. If you are entering into these Terms on behalf of your employer, your employer is a “Company” under these Terms and any reference to “you” or “your” will be deemed to mean your employer.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 9, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SOLOC™ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. See Section 9 for additional details.

Modification Notice. We may amend or modify the Terms at any time by posting revised terms on the Site or providing a copy to you. Any such revised Terms shall be effective as of the time they are posted but will not apply retroactively. Your continued use of the Service after the posting of revised Terms constitutes your acceptance of such revised Terms. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service and close any account(s).

BY CLICKING ANY BUTTON INDICATING ACCEPTANCE (E.G., AN “I ACCEPT” BUTTON) OR INSTALLING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SERVICE, YOU ARE REPRESENTING TO US THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, YOU ARE OVER THE AGE OF 18 (OR OLDER IF YOU RESIDE IN A STATE WHERE THE MAJORITY AGE IS OLDER), AND ARE EITHER CONSENTING TO BE LEGALLY BOUND BY THESE TERMS ON YOUR OWN BEHALF AS A USER OR ON BEHALF OF A COMPANY AS AN AUTHORIZED REPRESENTATIVE OF THAT COMPANY. IF YOU ARE CONSENTING ON BEHALF OF A COMPANY, THEN YOU FURTHER REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THESE TERMS AND THAT THE COMPANY AGREES TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR CANNOT MAKE THESE REPRESENTATIONS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND SOLOC™’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SOLOC™ AND BY USER OR COMPANY, AS APPLICABLE, TO BE BOUND BY THESE TERMS.

(a) Account. To access most features of the Service, you must apply for an account (“Account”). When applying for your Account on the Service, you may be required to provide us with some information about yourself, such as your email address, home address, a valid, government-issued photo ID, and other contact information. You agree that: (a) the information you provide to us is accurate and that you will keep it accurate and up to date at all times; (b) you are solely responsible for maintaining the confidentiality of your Account and for restricting access to it; and (c) you accept responsibility for all activities that occur in your Account or under your access credentials. When you register, you may also be asked to provide a password. You acknowledge and agree that SOLOC™ is not responsible for any third-party access to your Account that results from theft or misappropriation of your Account. You agree to immediately notify us at support@soloc.com of any unauthorized use of your access credentials or otherwise of your Account or any other known or suspected breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

(b) Consent to Access, Processing and Storage of Your Personal Data. During registration for your Account, or for any Additional Service (as defined in Appendix B), or at any other time deemed necessary by SOLOC™, you agree to provide us with the information we request for the purposes of identity verification, providing the Service to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing the Service to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your Account. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless operator to disclose your phone number, name, address, email, network status, customer type, customer role, billing type, Device identifiers (IMSI and IMEI) and other subscriber and Device details, if available, to SOLOC™. Payments and our service providers until these Terms are terminated, solely for identity verification and fraud avoidance. See our Privacy Policy for more information on how we treat your data.

(c) Payments and Authorization. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. SOLOC™ reserves the right to determine pricing for the Service, including any features of the Service or products offered through the Service. SOLOC™ will make reasonable efforts to keep pricing information published on our website up to date. We encourage you to check our website periodically for current pricing information. SOLOC™ may change the fees for any feature of the Service, including additional fees or charges, if SOLOC™ gives you advance notice of changes before they apply. SOLOC™, at its sole discretion, may make promotional offers with different features and different pricing to any of SOLOC™’s users and merchants. These promotional offers, unless made to you, will not apply to your offer or these Terms. You authorize SOLOC™ to charge all sums for any Use of your Account that you confirm through the Service (including through features of the Service, such as QR codes), any orders you make, and any level of Service you select as described in these Terms or published by SOLOC™, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit card, SOLOC™ may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase or requested transmission of funds in or out of your Account. SOLOC™ may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

(d) Third-Party Services and Software. SOLOC™ may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your Account with an account on the third-party service, such as your bank account, or through our implementation of third-party buttons. By using one of these tools, you agree that SOLOC™ may transfer that information to the applicable third-party service. Third-party services are not under SOLOC™’s control, and, to the fullest extent permitted by law, SOLOC™ is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under SOLOC™’s control, and SOLOC™ is not responsible for their content. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components. Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining those third-party components under the applicable third-party licenses or to limit your use of those third-party components under those third-party licenses.

(e) Use of the Service: Method Financial. SOLOC™ uses Method Financial ("Method"), a third-party service, to obtain and share your liability account information with us. By requesting us to check for potential savings by paying off your liabilities, you agree to Method's Privacy Policy and End User Terms of Service in addition to the terms contained in section (d) Third-Party Services and Software, above.

(a) Licenses to Service. Subject to your complete and ongoing compliance with these Terms, SOLOC™ grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control (“Device”); and (b) access and use the Service, solely for User's personal, non-commercial use or solely for Company's internal business purposes, as applicable. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service; (ii) make modifications to the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. Except for the limited license granted in these Terms, SOLOC™ retains all right, title, and interest, including all intellectual property rights, in and to the Services. The Services constitute SOLOC™’s valuable trade secrets. Accordingly, any unauthorized use or disclosure of information related to the Services would cause SOLOC™ irreparable harm. The license granted pursuant to these Terms is not a sale and does not transfer to you title or ownership of the Services or a copy of the Services. ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THESE TERMS ARE RESERVED BY SOLOC™.

(b) User Content. Certain features of the Services may permit users to upload and provide content to the Services, including messages, data, text, images, files, links, information, contracts, documents, materials and other types of works (“User Content”) and to publish User Content on the Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Services. By providing User Content to or via the Services, you grant SOLOC™ a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, for purposes of providing the Services to you and to other authorized users. Further, you give SOLOC™ permission to share your User Content with any third-party with whom you engage or wish to apply to engage, and any service provider that participates in transactions you enter, all as may be further described in the Privacy Policy. By providing User Content, you represent and warrant that: (a) your User Content is true and accurate; (b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause SOLOC™ to violate any law or regulation.

(c) Retention. You acknowledge, consent, and agree that SOLOC™ may access, preserve, and disclose content you provide us if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process (e.g., a subpoena, court order, or warrant); (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of SOLOC™, our agents and affiliates, our users, and the public; or (5) to address your requests.

(d) Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or Account (“Feedback”), then you grant SOLOC™ a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, fully sublicensable, and transferable right to use and incorporate Feedback into any products and services, to make, use, sell, offer for sale, import, and otherwise exploit such products and services, and to otherwise use, copy, distribute, and exploit the Feedback without restriction.

(e) SOLOC™ Intellectual Property. The Service is owned and operated by SOLOC™. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (including of Your Account) (collectively, “Materials”) provided by SOLOC™ are protected by intellectual property and other laws. All Materials included in the Service are the property of SOLOC™ or its third-party licensors. Except as expressly authorized by SOLOC™, you may not make use of the Materials. SOLOC™ reserves all rights to the Materials not granted expressly in these Terms. All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Service or Materials (the “Marks”) are proprietary to SOLOC™ or our licensors or licensees. You may not use, reproduce or display any of the SOLOC™ Marks except upon SOLOC™’s prior written consent.

(a) Overview. Your acceptance of the Electronic Communications Policy is required to create your Account. By accepting these Terms, you expressly consent to be contacted by us or our affiliates at any telephone number, e-mail address, mailing address, or physical or electronic address you provide or at which you may be reached in accordance with these Terms. You agree that we, our affiliates, agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages, subject to these Terms), calls using pre-recorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. In addition, we may contact other people who may provide employment, location, or other contact information for you. Automated messages may be played when the telephone is answered whether by you or someone else. In the event that an agent or representative of ours calls you, he or she may also leave messages on your answering machine, voice mail, or send messages via text. You can revoke your consent at any time by contacting us at help@soloc.com. You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. You are responsible for any and all charges imposed by your communications service provider. You agree that we and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.

(b) SMS Terms of Service. SOLOC™ will send SMS messages pertaining to the Service, your application status, our other products, and any promotions. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing the Service. YOU CAN CANCEL THE SMS SERVICE AT ANY TIME. JUST TEXT “STOP” TO THE SHORT CODE FROM WHICH THE MESSAGE IS RECEIVED. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at help@soloc.com or by calling [Insert Phone Number Here]. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You are responsible for any and all such charges, including fees associated with text messaging, imposed by your communications service provider. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. See our Privacy Policy for more information on how we treat your data.

(c) Push Notifications. You agree to receive alerts about your Account activity, balances on your Account, payments, suspicious activities, and other matters involving your use of the Service through push notifications to your Device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. SOLOC™ is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content, or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your Account or use of the Service. SOLOC™ may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your Device.

(d) Email. We may send you emails concerning the Service and our other products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

(e) Digital Services and Communications. SOLOC™ offers an interactive online chat service (“Chat”) to enhance your experience. This service may involve interactions with a bot, chatbot, virtual assistant, or other AI-based tools (each, a “Chatbot”). These Chatbots assist with inquiries, provide information, and offer recommendations. While we strive for accuracy, certain complex issues may require human intervention. Please note that the Chat service is provided for your convenience and may not be available at all times or be free from errors. Chats are monitored and retained, and any personal information shared will be subject to our Privacy Policies in compliance with applicable law. The use of the Chat service does not constitute consent for the use of electronic records and signatures as a substitute for written documents. Users under the age of 13 are not permitted to use the Chat service and must leave the site if invited. Additionally, you agree not to use the Chat service to send any abusive, defamatory, dishonest, or obscene messages, which may result in the termination of your Chat session. We are committed to transparency and will disclose the use of Chatbots as required by applicable law. By using the Chat service, you acknowledge and accept these terms and our efforts to ensure your privacy and security in compliance with relevant regulations. Please do not submit sensitive personal identifiers or information such as Social Security numbers, financial account information, or any other confidential data through the Chat service.

(a) Compliance with Laws. You agree that you will not use the Service in any unlawful manner or for any unlawful purpose. You may not use or otherwise export or re-export the Service except as authorized by U.S law. SOLOC™ does not represent that the Service is appropriate or available for use in any geographical location. Any entity choosing to use the Service is solely responsible for compliance with all applicable laws. The Service is subject to U.S. export controls and may not be downloaded, exported, or re-exported: (i) into (or to a national or resident of) Burma (Myanmar), Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country with respect to which the U.S. government maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1) (collectively, “U.S. Prohibited Party Lists”). By downloading and/or using the Service, you represent and warrant to SOLOC™ that you are not: (A) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or that has otherwise been designated by the U.S. government as a “terrorist supporting” country; or (B) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.

(b) Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO: (i) use the Service for any illegal purpose or in violation of any local, state, national, or international law; (ii) submit any materials in connection with the use of the Service that will violate or infringe upon the rights of any third party, or contain otherwise unlawful material; (iii) attempt to access or search the Service or Materials or download Materials from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software or search agents provided by SOLOC™ or other generally available third-party web browsers; (iv) interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; (v) interfere with the operation of the Service, including by uploading or otherwise disseminating any virus, adware, spyware, worm, Trojan Horse, disabling device, or other malicious code or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; (vi) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; (vii) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or (viii) attempt to do any of the acts described in this Section 4(b) or assist or permit any person in engaging in any of the acts described in this Section 4(b).

(a) Modification of Terms. We may, from time to time, change these Terms on a going-forward basis. Please check these Terms periodically for changes. SOLOC™ may provide notice of modified terms by posting them on the Site, e-mailing you, providing you a notice through your Account, or through other methods of communication which we deem reasonable. Revisions will be effective immediately except that, for existing users, material revisions will, unless otherwise stated, be effective 30 days after posting or notice to you of the revisions. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified terms, you should remove your Account and discontinue your use of the Service. Except as expressly permitted in this Section 5, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

(b) Modification of Service. SOLOC™ reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. SOLOC™ will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. SOLOC™ also reserves the right to make software updates to the Service and make those updates available to you. If SOLOC™ makes any software update to the Service available to you, you agree to install the update in order to continue using the Service. Any software update to the Service may be subject to additional terms and conditions made known to you at the time any such update is made available to you.

These Terms will be effective upon the earlier of your acceptance of these Terms or use of the Service and will continue until terminated (the “Term”). If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, SOLOC™ may, at its sole discretion, terminate these Terms or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your Account and these Terms at any time by contacting customer service at support@soloc.com. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay SOLOC™ any unpaid amount that was due prior to termination; and (d) Sections 2 and 7 through 10 will survive.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend, indemnify, and hold harmless SOLOC™, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively, the “SOLOC™ Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

(a) DISCLAIMERS; NO WARRANTIES. YOUR POSSESSION, PERMITTED TRANSFER, AND USE OF ALL OR ANY PORTION OF THE SERVICE (INCLUDING YOUR ACCOUNT) IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND YOUR ACCOUNT ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLOC™ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOLOC™ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE.