End User Terms of Service and License Agreement

In addition to other terms defined herein, the following terms have the following meanings:

• 1.1 “Access Right” has the meaning set forth in Section 2.
• 1.2 “Affiliate” means one or more of Our parent companies, Our subsidiaries, or Our other entities that are Our affiliates.
• 1.3 “AI Systems” means automated tools, artificial intelligence (“AI”), large language models, neural networks, analytics, machine learning technologies, AI-enabled services, or other related artificial intelligence technologies.
• 1.4 “Agreement” has the meaning set forth in the preamble.
• 1.5 “Automated Outputs” has the meaning set forth in Section 2.
• 1.6 “Cancellation Rights” has the meaning set forth in Section 3.
• 1.7 “Changes” has the meaning set forth in Section 12.
• 1.8 “Change or Discontinue Support of the Brad Hovis Platforms” has the meaning set forth in Section 2.
• 1.9 “Changed Subscription Period” has the meaning set forth in Section 3.
• 1.10 “COMPANY”, “WE”, “US”, OR “OUR” have the meaning set forth in the preamble.
• 1.11 “Company IP Assets” has the meaning set forth in Section 5 herein.
• 1.12 “Company Policies” means this Agreement, the Privacy Policy, and the Terms of Services.
• 1.13 “Company Servers” or “Servers” means any servers, other hardware, other computer systems or other software applications which are proprietary to, or leased or otherwise used by, Company to support the Brad Hovis Platforms.
• 1.14 “Company Privacy Policy” has the meaning set forth in Section 13.
• 1.15 “Company Trademark(s)” means any of the Company’s trademarks, service marks, names, logos or slogans, including without limitation the Company’s proprietary Brad Hovis™ mark.
• 1.16 “Company Website” has the meaning set forth in the preamble.
• 1.17 “Content” means Brad Hovis Materials, the Brad Hovis Platforms, and any content of Company and User Content.
• 1.18 “DISPUTES” has the meaning set forth in Section 14.
• 1.19 “Effective Date” has the meaning set forth in the preamble.
• 1.20 “Initial Subscription Period” has the meaning set forth in Section 3.
• 1.21 “JAMS RULES” has the meaning set forth in Section 14.
• 1.22 “Level of Services” means the specific goods and services of the Services provided in connection with the Subscription.
• 1.23 “Other Programs” has the meaning set forth in the preamble.
• 1.24 “Pricing & Subscription Schedule” means Company’s then current published pricing list and subscription terms applicable to the Brad Hovis Platforms User has subscribed to under this Agreement.
• 1.25 “PLATFORM SERVICES” has the meaning set forth in the preamble.
• 1.26 “Privacy Policy” means the Company Privacy Policy available at: https://bradhovis.com/privacy-policy.
• 1.27 “Purpose” has the meaning set forth in Section 2.
• 1.28 “Real Estate Marks” has the meaning set forth in Section 2.
• 1.29 “Brad Hovis Platforms” or “Platforms” means collectively:
  (a) the Company’s then current, proprietary online platform, supported by the Company’s underlying proprietary software programs, currently called HOVIS, and currently designed to be a web-based platform that provides Users with courses on real estate and business, artificial intelligence chatbot, and other services; AND
  (b) To the degree provided by Brad Hovis, any of Brad Hovis’s program manuals, workbooks, courses, program instructions, technical data, customer relationship management or other documentation which Brad Hovis may make available to User in association with User’s use of the Brad Hovis Platforms (hereinafter, the “Brad Hovis Material”).
• 1.30 “Brad Hovis CRM Materials” has the meaning set forth in Section 8.
• 1.31 “Services” has the meaning set forth in the preamble.
• 1.32 “Subscription” has the meaning set forth in Section 3.
• 1.33 “Subscription Fee(s)” has the meaning set forth in Section 3.
• 1.34 “Subscription Manager” has the meaning set forth in Section 3.
• 1.35 “Subscription Period” means the time period during which User will have the Access Right to, or any other right to use, the Brad Hovis Platforms under this Agreement.
• 1.36 “Subscription Renewal” has the meaning set forth in Section 3.
• 1.37 “Subscription Renewal Period” has the meaning set forth in Section 3.
• 1.38 “Support Services” has the meaning set forth in Section 2.
• 1.39 “Systems” has the meaning set forth in Section 4.
• 1.40 “Term” has the meaning set forth in Section 7.
• 1.41 “Terms of Services” means Company’s Terms of Services available at: https://bradhovis.com/terms-of-service.
• 1.42 “Third Party Service Provider” has the meaning set forth in Section 8.
• 1.43 “Third Party Sources” has the meaning set forth in Section 8.
• 1.44 “Third Party Provider” has the meaning set forth in Section 8.
• 1.45 “Trial Period” has the meaning set forth in Section 3.
• 1.46 “User(s)”, “you” or “your” has the meaning in the preamble.
• 1.47 “User Content” means any information, data, images, or other content owned or controlled by the User that is used by the User in the course of using the Brad Hovis Platforms under this Agreement; provided that User Content does not include Brad Hovis Material.

2.1 Access Right to Use Brad Hovis Platforms. Subject to Users’ strict compliance with this Agreement, including but not limited to User paying the full Subscription Fee as contemplated by Section 3 of this Agreement, Company grants to User, only during the term of the Subscription Period, a personal, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable right to allow only User the ability to access and use (through Brad Hovis’s cloud-based service) the Brad Hovis Platforms, only for the features or functionalities the Company makes available through the Brad Hovis Platforms.

2.2 Limited Access Rights to Use the Services. The Users hereby further acknowledge and agree that the Access Right to use the Brad Hovis Platforms is further subject to and conditioned upon the Company's right, in its sole discretion, to change, amend, modify, suspend, discontinue, cease, or otherwise terminate features or functionalities of the Brad Hovis Platforms.

2.4 Restrictions of Access Rights. Users are prohibited from:

• Uploading data not owned by the User or infringing third-party IP rights.
• Impersonating any other person or entity.
• Training, enabling, or supporting any AI Systems using the Services or Content without authorization.
• Violating or attempting to violate the security of the Brad Hovis Platforms or Company Servers.

2.5 Customer Support and Meetings. Support Services are accessible 9:00 AM to 5:00 PM Mountain Time. Support Services, including consultations with Brad Hovis, provide general educational information and are not legal, financial, real estate, or tax advice.

2.6 Information for Services. Users must provide necessary information (e.g., financial statements where applicable) to receive specific Services.

2.7 Investigation & Remedies. Company reserves the right to investigate violations, cooperate with law enforcement, and suspend or terminate accounts in response to breaches.

2.9 Automated Outputs. The Platform may use AI Systems to provide Automated Outputs (summaries, calculations, guidance). Automated Outputs are provided as drafts for User review and verification and are not a substitute for professional judgment.

3.1 Subscriptions. To obtain access, Users must open a User Account and pay applicable Subscription Fees for the chosen Subscription Period.

3.2 Authorizing a Subscription. A Subscription Manager selects the initial level of subscription in accordance with the Pricing & Subscription Schedule.

3.3 Set-Up Fees. Some Subscriptions include a non-refundable Set-Up Fee.

3.4 Subscription Renewals. Subscriptions automatically renew for additional Subscription Renewal Periods unless canceled prior to renewal.

3.5 Subscription Cancellation. You may cancel during the thirty (30) day Trial Period for a refund. After the Trial Period, subscriptions may be canceled at any time to prevent future billing by emailing contact@bradhovis.com or using account settings.

3.6 Late Payments & Changes. Unpaid fees are subject to interest. Company reserves the right to modify pricing with published notice.

Users are solely responsible for:

• Procuring necessary hardware, software, and internet connectivity.
• Maintaining the secrecy and confidentiality of user names and passwords.
• Maintaining administrative, physical, and technical data security safeguards.
• Complying with all applicable local, state, and federal laws.

This Agreement commences on the Effective Date and continues until terminated. Company may terminate for convenience upon 30 days' notice, or immediately upon breach.

Upon termination, all rights cease immediately. Users have 30 days to download User Content following a non-renewal or termination for convenience, after which Company has no obligation to maintain content access.

8.1 Third Party Links. Company may provide links to Third Party Sources. Company does not control or endorse third-party content.

8.2 Third Party CRM & Services. Certain features utilize third-party tools or contractors (such as CRM tools). Access is governed by those third parties' respective terms and privacy policies.

14.1 Governing Law. This Agreement is governed by the laws of the State of Colorado.

14.3 Binding Arbitration. Any dispute arising out of or related to this Agreement shall be resolved through binding arbitration administered by JAMS under JAMS Rules in Denver, Colorado.

14.5 Class Action Waiver. YOU AND BRAD HOVIS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

This Agreement constitutes the entire agreement between you and Brad Hovis, LLC regarding the Services. If any provision is held invalid, remaining provisions stay in full force.

Notices to Brad Hovis, LLC should be sent to:
Brad Hovis, LLC
11001 W. 120th Ave. Suite 400
Broomfield, CO 80021
contact@bradhovis.com
1-877-77-MOGUL