Terms of Use

Lastly updated: September 1, 2026

NABL APPS LIMITED, a company duly incorporated and existing under the laws of the Republic of Cyprus (hereinafter referred to as “Enable3”, “Provider”, “we”, “us”, or “our”), has developed and operates Enable3 Widget (the “Platform”), a no-code, decentralized, and automated software-as-a-service (SaaS) loyalty platform, which provides tools for creating, managing, and overseeing a wide range of Loyalty Activities, including loyalty programs, missions, referral programs, airdrop campaigns, and other engagement-focused activities (collectively referred to as the “Platform” and/or the “Services”, and each individually as a “Service”), accessible via https://enable3.io (the “Website”) and through the Enable3 Widget embedded on Customer’s websites or applications.

These Terms of Use, together with all applicable Schedules, Order Forms and Annexes (collectively, the “Terms” or the “Agreement”), constitute a legally binding agreement between Enable3 and you - the customer, mobile application developer, or other legal entity accessing or using the Services (the “Customer”, the “Client”, “you”, or “your”). If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have full legal authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not access or use the Services.

Throughout these Terms, Enable3 and the Customer may each be referred to as a “Party” and collectively as the “Parties”.

By clicking “I Accept”, “Sign Up”, or any similar button, by executing an Order Form that references these Terms, or by otherwise accessing or using any part of the Website, Platform, or Services, you unconditionally accept and agree to be bound by these Terms. You further acknowledge and agree that you are solely responsible and liable for any use of the Services without proper authorization from the entity on whose behalf you purport to act, and you shall indemnify and hold Enable3 harmless from any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from or in connection with such unauthorized use.

IMPORTANT NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO YOU. PLEASE READ THEM CAREFULLY.

The Website and the information contained therein are provided for informational and illustrative purposes only and do not constitute an offer to sell, a solicitation to buy, or a recommendation of any security or other financial instrument, nor do they constitute an offer to provide investment, legal, tax, or financial advice. Nothing on the Website or within the Services shall be construed as investment advice or as an invitation or inducement to engage in investment activity in any jurisdiction.

Recitals:

The Provider has developed and operates Enable3 Widget (the “Platform”), a no-code, decentralized, and automated software-as-a-service (SaaS) loyalty platform, which provides tools for creating, managing, and overseeing a wide range of Loyalty Activities, including loyalty programs, missions, referral programs, airdrop campaigns, leaderboards, and other engagement-focused activities.
The Platform offers a versatile infrastructure that supports traditional, non-tokenized loyalty systems using virtual Points for on-chain loyalty and gamification, at the Customer's sole discretion.
The Provider is the owner of all intellectual property rights in and to the Platform and provides access to it on a licensed, SaaS basis.
The Customer wishes to obtain, and the Provider agrees to grant, a license to access and use the Platform to design, execute, and manage its own Loyalty Activities for its End Users in connection with the Customer's Product, subject to the terms and conditions set forth in this Agreement.
The Customer acknowledges and agrees that it shall bear sole responsibility for all Loyalty Activities, Content, and interactions with its End Users conducted through the Platform. The Provider's role is strictly limited to that of a technology service provider, supplying the software infrastructure and technical tools.
The Provider agrees to make the Platform available to the Customer and to provide reasonable technical assistance for its integration with the Customer's Product, as detailed in the Integration Documentation (as hereinafter defined).
In consideration for the License granted and the Services to be provided hereunder, the Customer agrees to pay the Provider the agreed Fee, as outlined in this Agreement or Annex to this Agreement.
This Agreement sets forth the terms and conditions under which the Provider will provide the Customer with access to the Platform and the associated Services.

Nothing in the Agreement shall be considered as a solicitation or offer to make any investment, buy or sell any security or other financial instrument, or to offer or provide any investment advice or service to any person in any jurisdiction.

The Parties acknowledge that the recitals set out above are true and accurate and form an integral part of this Agreement for the purposes of its construction and interpretation.

1. Definitions

In these Terms, capitalized terms and expressions shall, unless the context otherwise requires, have the following meanings:

1.1 Affiliates / Affiliated Companies shall mean, with respect to any person or legal entity, any entity that controls, is controlled by, or is under common control with such person or legal entity. As used herein, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such an entity, whether through ownership of voting securities or other interests, by contract, or otherwise.

1.2 Airdrop Campaign shall mean a limited-time Loyalty Activity configured by the Customer through the Platform, where a predefined number of End Users are selected to receive a distribution of Points (the “Airdrop”). The selection of winners is typically based on the completion of one or more Missions or other Loyalty Activities within a specified timeframe. The distribution of the Airdrop and the redemption of the associated Rewards are governed by the rules of the campaign as established by the Customer in its Terms of Use or other relevant documents.

1.3 API shall mean the application programming interface provided by the Provider to access the Platform and to connect it to the Client's Product.

1.4 API Call shall mean a single request made to the Platform's API. Each API Call consumes a predefined number of Credits (as hereinafter defined).

1.5 Bonus Shop / Rewards Marketplace shall mean a functionality or section made available either within the Platform or on a separate website, application or interface controlled by the Customer (or by a third party expressly authorized by the Customer), where End Users may redeem or otherwise utilize Points earned through their activities for rewards, prizes, gifts, vouchers, discounts, digital or physical goods, services or any other benefits or value as solely determined by the Customer from time to time.

1.6 Content shall mean any textual, aural, or visual material published or made available to the End Users or other third parties on or through the Platform or the Product in connection with the use of the Services.

1.7 Enable3 Widget Admin Panel shall mean the dedicated administrative interface of the Platform through which the Customer accesses, activates, configures, and manages its Loyalty Activities, as well as related features and all available services.

1.8 End User shall mean an individual user of the Customer's Product and/or services.

1.9 End User Balance shall mean the End User's balance of accumulated Points within the Platform or the Product, which displays the available Points totals and the activities of the relevant End User.

1.10 Go Live Date shall mean the date when the Customer completes the integration of the Platform with the Customer's Product, as confirmed by the Provider, and the Customer has launched its first live Loyalty Activity to its End Users via the Platform.

1.11 Loyalty Activity / Loyalty Activities shall mean any loyalty campaigns, Loyalty Programs, Missions, contests, events, raffles, surveys, games, or similar activities offered by the Customer through the Platform as an instrument to drive engagement, participation, and loyalty of its End Users and/or community members.

1.12 Loyalty Program shall mean a type of Loyalty Activity, being a reward system established by the Customer via the Platform to incentivize and recognize the engagement and loyalty of End Users. End Users can earn Points through specified actions or purchases. These Points can be redeemed for various rewards, discounts, or other benefits as detailed in this Agreement or defined by the Customer. Participation in the Loyalty Program is subject to the Terms set forth by the Customer, and the Loyalty Program may be modified or terminated at the Customer's discretion.

1.13 Mission(s) shall mean a type of Loyalty Activity, predefined tasks or challenges set by the Customer via the Platform, for which End Users are automatically rewarded with Points upon completion, as may be triggered by system events or API-based custom events.

1.14 Mission Earn shall mean a feature of the Platform, activated and configured by the Customer, that enables the Customer to reward End Users with Points for completing specific actions or Missions. The feature tracks, verifies, and analyzes End User activity to automatically allocate the respective rewards to the End User's Balance based on the Customer's predefined criteria.

1.15 Order Form shall mean any order form, subscription order, service order, or online sign-up page executed or approved by both Parties (including via electronic acceptance) that references these Terms and specifies the Services, Fees, term, and other commercial conditions applicable to the Customer.

1.16 Platform shall mean Enable3 Widget, a no-code software-as-a-service (SaaS) loyalty platform, developed by the Provider and accessible at www.enable3.io, that enables the Customer to create, configure, manage, and oversee its Loyalty Activities through API integration.

1.17 Points shall mean virtual credits awarded by the Customer via the Platform to End Users as a measure of their engagement and participation in Loyalty Activities. Points are accumulated based on specific actions or Missions defined by the Customer in the Promotions' Terms & Conditions and/or other Customer resources. Points have no monetary value, cannot be redeemed for cash, and may be subject to expiration or forfeiture at the Customer's discretion.

1.18 Product or Client's Product shall mean the application, website, or service owned and operated by the Customer for use by its End Users, as specified in the Agreement or related documentation.

1.19 Promo Campaigns shall mean promotional activities, forming part of Loyalty Activities, that the Customer can create and manage through the Platform, whereby End Users receive rewards in Points for completing specific tasks or Missions.

1.20 Referral Program shall mean a feature of the Platform, forming part of Loyalty Activities, activated and configured by the Customer, that allows an End User (the “Referrer”) to invite other individuals (the “Referred Users”) to use the Customer's product or service. The Program automatically tracks successful referrals and, based on rules predefined by the Customer, rewards the Referrer and/or the Referred User with Points.

1.21 Rewards shall mean the Points, discounts, goods, services, or other benefits that the Customer makes available to End Users through the Platform as an incentive for their engagement or completion of Loyalty Activities.

1.22 Tap to Earn shall mean a feature of the Platform, activated and configured by the Customer, that allows End Users to earn Points by performing a simple tap on a designated button within the Product or other interfaces, as defined by the Customer.

1.23 Intellectual Property Rights shall mean patents, rights to inventions, copyright, and related rights, trademarks, trade names, and domain names, rights in get-up, goodwill and the right to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

1.24 Website shall mean the official website of the Customer or the Product, as specified in the Agreement or related documentation, if applicable.

2. Subject Matter

2.1.Subject to the terms and conditions of this Agreement, the Provider hereby grants to the Customer a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license during the Term to access and use the Platform, including the Enable3 Widget Admin Panel and API, to create, configure, manage, and oversee its Loyalty Activities (collectively, the “Services”) (the “License”). The Provider makes the Platform available to the Customer on a software-as-a-service (SaaS) basis.

2.2.The Customer shall integrate the Platform with the Customer’s Product via the API to enable the delivery of Loyalty Activities to End Users. Integration shall be performed by the Parties in accordance with the technical specifications and requirements made available by the Provider on the Provider's website (https://docs.enable3.io/enable3) (the “Integration Documentation”). The Provider shall provide the Customer with reasonable technical assistance during the integration process.

2.3.The list of all Services is available in the Enable3 Widget Admin Panel.

2.4.The Customer acknowledges and agrees that it holds sole responsibility for creating and conducting Loyalty Activities, promotions, and any other interactions or engagements with its End Users through the Platform. The Provider acts solely as a software provider and is not involved in, nor can it be held accountable for, the Content, execution, management, or outcomes of any such Loyalty Activities or campaigns initiated by the Customer.

2.5.Through the Platform, the Customer may award Points to End Users for their engagement and participation in Loyalty Activities, in accordance with the Customer’s predefined rules and criteria. The End User Balance shall reflect the accumulated Points, which may be redeemed for rewards, discounts, or other benefits as determined solely by the Customer.

2.6.End Users may redeem accumulated Points (where applicable) for rewards defined by the Customer (e.g., discounts, subscriptions, goods, etc). All redemption terms, including exchange rates and eligibility, are established solely by the Customer in its Terms of Use or other relevant documentation. The Provider provides only the technical functionality for redemption and assumes no responsibility for the redemption terms or their execution.

2.7.The Customer shall have sole discretion to determine which features and functionalities of the Platform. The Provider makes available all such features and functionalities as part of the Services, but does not mandate their use, and the Customer may choose to enable or disable any feature at its sole discretion, subject to the terms of this Agreement.

2.8.The base setup of the Platform provides the Customer with the ability to create, manage, and oversee Loyalty Activities in the form of Points, which are non-tokenized virtual credits awarded to End Users for their engagement and participation in the Customer’s Loyalty Activities. Points are managed through the Enable3 Widget Admin Panel.

2.9.Parties agree that Provider shall have the right to engage third persons (hereinafter the “Engaged Persons”) aimed at performance hereof. Provider shall be fully liable and responsible before the Customer for actions made by Engaged Persons, as well as for material damages suffered by the Customer resulting from the activity(-ies) or inactivity of the Engaged Persons.

3. Fees and Payment Terms

3.1 Access to and use of the Platform is provided on a free-of-charge basis, under trial versions, or subject to paid subscription plans and applicable fees (the “Fee” / “Fees”). The Provider reserves the right to offer free plans, introduce new paid plans, or modify existing pricing structures, features, and limits from time to time.

3.2 Subscription Plans and Ordering:

3.2.1 The specific details, limits, features, and Fees of the Customer’s subscription plan (if applicable) shall be outlined in the applicable Order Form, the Enable3 Widget Admin Panel (“Billing Page”), or the applicable application marketplace listing (such as the Shopify App Store). In the event of any conflict between an Order Form and these Terms, the Order Form shall prevail.

3.2.2 The Customer acknowledges that the Billing Page within the Enable3 Widget Admin Panel or the applicable app store dashboard serves as the primary source of information regarding its active subscription status, usage limits, and applicable Fees.

3.3 Shopify Merchants & Shopify Billing API Compliance:

3.3.1 If the Customer accesses, installs, or uses the Platform/Application through Shopify (the “Shopify Version”), all billing, payments, subscriptions, charges, and refunds SHALL BE PROCESSED EXCLUSIVELY THROUGH SHOPIFY'S BILLING API AND SHOPIFY APP PRICING SYSTEM in accordance with Shopify’s Merchant Terms of Service and App Store policies.

3.3.2 For the avoidance of doubt, for Shopify Version users, the Provider does not collect, process, or solicit any off-platform payments. Any Fees, Extra Credit purchases, or upgrades initiated within the Shopify Version will be invoiced and charged directly to the Customer's Shopify Account via Shopify Billing API.

3.4 Credit-Based Billing System.

3.4.1 Definitions:

(a) “Credits” are the Platform's exclusive billing unit representing the computational cost of processing API Calls.

(b) “Monthly Credits” is the fixed volume of Credits included in the Customer's active plan (if any) for each billing cycle.

3.4.2 Credit Consumption & Exhaustion. The credit cost per API Call type is defined in the Credit Cost Table within the Enable3 Widget Admin Panel. If Monthly Credits are exhausted, the Customer may be granted a grace period or provisional limit as set out in the Admin Panel. To maintain uninterrupted Services, the Customer must upgrade its plan or purchase Extra Credits.

3.4.3 Purchase of Extra Credits for Shopify Users. Any purchase of Extra Credits by users of the Shopify Version shall be authorized and processed solely via the Shopify Billing API.

3.5 One-Time Setup and Custom Services. In addition to recurring Fees, the Customer may agree to pay a one time setup, onboarding, or custom development fee (the “Pilot Setup Fee”), scope and amount of which shall be exclusively defined in an applicable Order Form or Shopify charge authorization.

3.6 Invoicing and Payment Terms (Non-Shopify Users).

For Customers accessing the Platform outside of the Shopify ecosystem:

(a) The Provider may issue electronic invoices or provide secure payment links. Fees are billed in advance (monthly, quarterly, or annually).

(b) Payments are due within ten (10) calendar days from the invoice/link date, unless automated recurring billing applies.

(c) Recurring payments may be processed via authorized third-party Payment Processors (e.g., Stripe, PayPal). The Customer authorizes recurring charges to its designated Billing Account.

3.7 Payment Default and Remedies.

Failure to pay applicable Fees when due (or a failed transaction charge under Shopify Billing / Payment Processor) entitles the Provider to:

3.7.1 Apply late interest of 0.1% per day on overdue balances (where applicable by law and platform terms);

3.7.2 Suspend access to the Platform after a five (5) calendar day notice/grace period until all outstanding balances are settled;

3.7.3 Terminate this Agreement with immediate effect if non-payment persists for twenty (20) calendar days following suspension notice.

3.7.4 All Fees are quoted exclusive of any applicable value-added, sales, use, or withholding taxes (“Taxes”). The Customer is responsible for paying all Taxes associated with its purchases, except for taxes based on the Provider's net income.

4. Rights and Obligations

4.1. The Customer's obligations:

4.1.1 The Customer shall strictly comply with all obligations outlined in this Agreement.

4.1.2 The Customer shall publish and maintain within its Product or another appropriate location:

(a) Platform-specific Terms and Conditions governing End User participation in Loyalty Activities;

(b) A Privacy Policy detailing data processing activities;

(c) Prepared by the Customer, detailed rules and guidelines for all Loyalty Activities, including but not limited to Missions, Airdrop Campaigns. These rules must be accessible to Users within the Customer’s Application or another appropriate location. If applicable, they should contain all available options of Points redemption determined by the Сustomer.

4.1.3 The Customer shall ensure that all Loyalty Activities, including the issuance, distribution, and use of Points comply with all applicable laws and regulations. The Provider assumes no responsibility or liability for the Customer’s compliance with such laws or for the operation, value, or redemption of Points.

4.1.4 The Customer is solely responsible for End User onboarding, account creation, and the management of all rewards and activities, as well as for ensuring the expectations of its End Users.

4.1.5 Ensure timely payment of Fees and other charges as specified in this Agreement and invoices issued by the Provider, in accordance with the agreed payment terms.

4.1.6 The Customer is solely responsible for all Content published or made available through the Platform or the Customer’s Product in connection with the Services, including the design and pricing of rewards offered to End Users. The Provider shall not be liable for the accuracy, legality, or appropriateness of such Content or rewards.

4.1.7 The Customer shall provide accurate and up-to-date information required for Platform integration and operation and maintain compatible systems and infrastructure.

4.1.8 Use the Platform and related services in compliance with all applicable laws, regulations, and industry standards, including those governing data protection, user privacy, and promotions. Refrain from using the Platform or related services for unlawful purposes, including fraudulent activities, misrepresentation, or violation of third-party rights.

4.1.9 Safeguard access credentials for the Ensble3 Widget Admin Panel and ensure that only authorized personnel have access to manage the Platform.

4.1.10 Manage and maintain communication with End Users participating in Loyalty Activities, ensuring transparency and addressing any issues or complaints that may arise in a timely manner.

4.2. The Customer's rights:

4.2.1.The right to access and use the Platform and related software features as outlined in this Agreement. The Customer has the right to access and use the Platform, including all software features and functionalities outlined in this Agreement, during the Term.

4.2.2.The Customer may configure settings, launch and manage Loyalty Activities, and oversee all Platform functionalities through the Enable3 Widget Admin Panel.

4.2.3.The Customer is entitled to receive reasonable technical support from the Provider in accordance with the support terms specified in this Agreement.

4.2.4.The Customer may manage its subscription, including upgrading, downgrading, or changing its Subscription Plan at any time through the Enable3 Widget Admin Panel.

4.2.5.The Customer has the right to access and export its data, including End User statistics and Loyalty Activity performance metrics, through the Platform's reporting features.

4.2.6.The Customer may temporarily suspend specific Loyalty Activities or features through the Enable3 Widget Admin Panel without terminating this Agreement.

4.2.7.Additional rights as specified elsewhere in this Agreement.

4.3. The Provider's obligations:

4.3.1.The Provider shall provide the Customer with necessary access credentials and technical documentation for the proper use and management of the Platform.

4.3.2.The Provider shall maintain the Platform's operational efficiency and perform necessary maintenance to prevent technical disruptions, with reasonable notice provided for scheduled downtime.

4.3.3.The Provider shall provide the Customer with tools and functionalities within the Platform to create, configure, and manage Loyalty Activities for End Users.

4.3.4.The Provider shall ensure seamless interaction between End Users and the Loyalty Activities through robust technical infrastructure.

4.3.5.The Provider shall offer reasonable technical support and troubleshooting services to the Customer in accordance with the support terms specified in this Agreement.

4.3.6.The Provider shall provide regular updates and upgrades to enhance Platform functionality and maintain industry standards.

4.3.7.The Provider shall implement and maintain appropriate technical and organizational measures to protect Customer data processed through the Platform.

4.3.8.The Provider shall use commercially reasonable efforts to ensure the Platform maintains adequate service availability, excluding scheduled maintenance periods and circumstances beyond reasonable control.

4.4. The Provider's rights:

4.4.1.The Provider may request from the Customer all information reasonably necessary for the proper rendering of services under this Agreement.

4.4.2.The Provider has the right to receive timely payment of all Fees due for services rendered in accordance with this Agreement.

4.4.3.The Provider reserves the right to modify, enhance, or discontinue any features or functionality of the Platform with reasonable notice to the Customer.

4.4.4.The Provider disclaims liability for the Customer's actions, including but not limited to the management of Loyalty Activities, Content decisions, and interactions with End Users.

4.4.5.The Provider retains exclusive ownership and control over all intellectual property rights in the Platform, related software, and any modifications or updates thereto.

4.4.6.Suspension Rights. The Provider may suspend access to the Platform in cases of:

a)Non-payment of Fees;

b)Violation of this Agreement;

c)Suspicious or fraudulent activities;

d)Credit limit exhaustion as specified in Section 3;

e)It is necessary or desirable to do so to protect the security of the Platform;

f)It is necessary or desirable to do so to protect the Provider's reputation.

4.4.7.The Provider reserves the right to immediately suspend or terminate access to the Platform for specific End Users or groups of End Users if the Provider reasonably suspects any Illegal or fraudulent activities, violations of this Agreement, suspicious transactions or behaviors, or Activities that may expose the Provider to legal or regulatory risk.

4.4.8.The Provider may monitor Platform usage to ensure compliance with this Agreement and to maintain service quality and security.

4.4.9.The Provider may use aggregated, anonymized data for analytical purposes and service improvement.

4.4.10.The Provider may enforce its rights under this Agreement through appropriate legal means, including termination for material breach.

5. Representations and Warranties

5.1. Representations and warranties of the Provider. The Provider hereby represents and warrants to the Customer that:

5.1.1.The Provider has the power and authority to enter into and perform its obligations according to the terms of this Agreement;

5.1.2.The Provider shall maintain the Platform to ensure accurate processing of Points (where applicable) accruals and redemptions, based on actual End User activities.;

5.1.3.The Provider will intentionally commit no act that would reflect unfavorably on the Customer;

5.2.The Provider makes no representations that the Services are appropriate or available for use in all locations. Access to or use of the Platform and its functionalities is prohibited from any location where such access is prohibited by law. Detection of the prohibiting regulations in respective jurisdictions shall be at the sole risk of the Customer.

5.3.Disclaimer of Implied Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.4.Representations and Warranties of the Customer. The Customer hereby represents and warrants to the Provider that:

5.4.1.The Customer has the power and authority to enter into and perform its obligations according to the terms of this Agreement;

5.4.2.The Customer shall not violate any Intellectual Property Rights of the Provider or any third parties in connection with its use of the Platform;

5.4.3.The Customer will use the Services only for its designated Product and brand as specified during the onboarding process;

5.4.4.The Customer warrants that it maintains all necessary licenses, permits, and regulatory approvals required for its business operations and use of the Platform and its functionalities;

5.4.5.The Customer represents and warrants that it shall be solely responsible for fulfilling all rewards, payouts, and other obligations to End Users under any Loyalty Activities it launches and manages through the Platform. This includes ensuring the adequacy of funds, proper delivery of promised rewards, and resolution of any disputes related to such fulfillment. The Provider bears no responsibility for the Customer's failure to meet these obligations.

5.4.6.The Customer represents and warrants that it is solely responsible for conducting all necessary Know Your Customer (KYC) verification, identity checks, and restricted party screening of its End Users. The Customer acknowledges that the Provider only has access to limited, anonymized End User data necessary for Platform functionality, and the Provider disclaims any responsibility for KYC procedures.

5.4.7.The Customer represents and warrants that it assumes full liability for any violations of KYC, anti-money laundering, sanctions, or other regulatory requirements related to its End Users and/or their participation in Loyalty Activities.

5.4.8.The Customer warrants that it will use the Platform exclusively for legitimate loyalty and customer retention purposes within its own products and services, and not for any unauthorized or illegal activities.

5.5.Neither the Customer nor, representatives and other third parties, subject to the control or determining the influence of the Customer (if any) ("Specified Persons"): (a) is the subject of any sanctions administered or enforced by the authorized bodies of the United States (including, without limitation, the Office of Foreign Assets Control), the United Nations Security Council, the European Union or its member states, His Majesty’s Treasury (UK) or other sanctions authority, nor (b) is resident or located in a country or territory that is, or whose government is, the subject of comprehensive sanctions; and the Customer undertakes to immediately notify The Provider of any changes in the above status.

None of the Specified Persons has offered, promised, given, authorized, solicited, or accepted any unlawful or undue pecuniary or other advantage of any kind in any way connected with this Agreement or other contract with The Provider or any of the Affiliated Companies, and the Customer will refrain, as well as take reasonable measures to prevent other Specified Persons (if any), from doing so in the future; and if the Customer becomes aware of anything of the above it will immediately notify The Provider of this information accordingly.

5.6.The Customer acknowledges and agrees that it uses the Platform at its own risk. The Customer assumes all responsibility for any damage to its systems or loss of data that results from the use of the Services. The Customer understands and agrees that any material or data downloaded or otherwise obtained through the use of the Services is done at its own discretion and risk. The Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or inability to use the Services, even if the Provider has been advised of the possibility of such damages.

5.7.The Customer must immediately notify the Provider if it becomes aware of any actual or suspected illegal activities conducted through the Platform by its End Users or representatives.

6. Changes and Modifications

6.1.Modification Rights. The Provider reserves the right to modify the Platform or any Services at any time. Changes will be communicated by posting the updated terms on the Provider's website or through the Enable3 Widget Admin Panel.

6.2.Acceptance of Changes. The Customer's continued use of the Platform following such modifications constitutes acceptance of the changes. If the Customer does not agree with the modifications, it may terminate this Agreement by ceasing to use the Platform.

6.3.No Liability for Modifications. The Provider shall not be liable to the Customer or any third party for any modifications, suspensions, or discontinuation of the Platform or Services.

6.4.Material Changes. For material changes that substantially affect the Customer's rights, the Provider will provide at least 10 calendar days' prior notice via email or prominent notice within the Platform.

6.5.Service Evolution. The Customer acknowledges that the Platform may evolve over time, and features may be added, modified, or removed to reflect technological developments and user feedback.

7. Service Levels and Liability

7.1.The Provider warrants that during the Term, the Platform will substantially perform as described in the Documentation when used according to this Agreement. For any breach of this warranty, the Provider's sole obligation is to correct the nonconformity or provide a functionally equivalent solution. If such correction is not commercially reasonable, the Provider may refund prepaid fees for the remaining Term.

7.2.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED USD $10,000. THE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

7.3.The Provider shall not be held responsible for any issues, including but not limited to performance, operational, legal, or security matters, arising from circumstances including:

a)Customer's misuse or improper use of the Platform;

b)Third-party services, integrations, or platforms;

c)Customer's systems, applications, or infrastructure;

d)Customer's management of Loyalty Activities, Content decisions, or reward programs.

7.4.The parties acknowledge that the limitations in this Section 7 reflect the agreed allocation of risk between the Parties and form an essential basis of their bargain.

8. Restrictions on Use of the Platform

8.1.The Services are confidential and proprietary to the Provider.

8.2.Customer Responsibility. The Customer is solely responsible for:

a)All Content and information made available through the Platform;

b)Compliance with all applicable laws and regulations;

c)Determining the legality of Platform access in its jurisdiction.

8.3.Acceptable Use. The Customer shall not use the Platform to:

a)Negatively affect End Users, third parties, or the Platform's reputation;

b)Violate any applicable laws, regulations, or sanctions;

c)Disrupt or interfere with Platform operations;

d)Conduct fraudulent, deceptive, or malicious activities;

e)Process unlawful or infringing content.

8.4.Geographic Restrictions. The Customer is prohibited from accessing or using the Platform, and shall ensure that its End Users do not access or use the Platform, from or in any jurisdiction where such access or use is restricted or prohibited by applicable law. The Customer bears sole responsibility for determining and complying with all applicable legal and regulatory restrictions in relation to the Customer’s and its End Users’ access to and use of the Platform.

8.5.Security Obligations. The Customer shall implement reasonable security measures to protect access credentials and prevent unauthorized Platform use.

9. Confidentiality Provisions

9.1.Use of Confidential Information. Each Party that receives information (the “Receiving Party”) from the other Party (the “Disclosing Party”) agrees to use reasonable best efforts to protect all non-public information and know-how of the Disclosing Party that is either designated as proprietary or confidential or that, by the nature of the circumstances surrounding disclosure, ought in good faith to be treated as proprietary or confidential (“Confidential Information”) and in any event, to take precautions at least as great as those taken to protect its own Confidential Information of a similar nature. Each Party agrees that the terms and conditions of this Agreement will be Confidential Information, provided that each Party may disclose the terms and conditions of this Agreement to its immediate legal, financial, and other consultants in the ordinary course of its business.

9.2.Platform Data. The Provider may collect and use available aggregated data from the Platform for analytics and service improvement purposes.

9.3.Exclusions. The foregoing restrictions will not apply to any information that: (a) the Receiving Party can document it lawfully had in its possession prior to disclosure by the Disclosing Party, (b) was in or entered the public domain through no fault of the Receiving Party, (c) is disclosed to the Receiving Party by a third party legally entitled to make such disclosure without violation of any obligation of confidentiality, (d) is required to be disclosed by governmental or judicial order, requested in response to legal or governmental inquiries, or disclosed in connection with judicial or arbitral proceedings between the Parties, in which case the Party so requested shall give the other Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment or (e) the Receiving Party can document was independently developed by the Receiving Party without reference to any Confidential Information of the Disclosing Party.

10. Applicable Law and Jurisdiction

10.1.This Agreement and any dispute arising out of or in connection with this Agreement (the “Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the substantive law of England and Wales.

10.2.The Parties irrevocably agree that any dispute, controversy, or claim arising out of or in connection with this Agreement, including without limitation the breach, termination, or validity thereof, shall be submitted to the Chartered Institute of Arbitrators (CIArb) and settled by final and binding arbitration in accordance with the CIArb Arbitration Rules. Judgment on any award issued under this provision may be entered by any court of competent jurisdiction.

The Parties further agree that the arbitral tribunal shall be composed of one arbitrator. The arbitrator shall be appointed by agreement of the Parties. If the Parties have not agreed on the appointment of a sole arbitrator within 30 days of the respondent’s receipt of a notice of arbitration, then, at the request of one of the parties, a sole arbitrator shall be appointed by the Chartered Institute of Arbitrators.

The place of arbitration shall be Nicosia, Cyprus. The proceedings shall be conducted in accordance with the arbitration law of the place of the arbitration.

The language of the arbitration proceedings shall be in English.

10.3.No Class or Representative Actions. The Parties expressly waive any right to bring or participate in any class, collective, consolidated, or representative proceeding. The arbitrator shall have no authority to conduct class arbitration or to consolidate claims.

10.4.Confidentiality. All arbitration proceedings, submissions, evidence, and awards shall be strictly confidential, except as required by law or to enforce the award.

11. Intellectual Property Rights

11.1.The Customer retains all rights to its Content. The Customer grants the Provider a limited license to use such Content solely to provide the Services under this Agreement and for the Provider's marketing purposes.

11.2.Subject to this Agreement, the Provider grants the Customer a limited, non-exclusive, non-transferable license to use the Provider's content solely in connection with permitted use of the Platform.

11.3.Use Restrictions. The Customer shall not:

a)Modify, create derivative works, or reverse engineer the Platform;

b)Resell, sublicense, or transfer the Platform without prior written consent;

c)Use the Platform for any purpose other than loyalty and retention activities;

d)Use the Provider's trademarks without express authorization.

All Intellectual Property Rights in the Platform remain the exclusive property of the Provider, including but not limited to:

a)Enable3 Widget and Admin Panel;

b)API and integration tools;

c)Loyalty point management features;

d)Loyalty Activities creation, customization, and management features.

12. Terms of the Services

12.1.This Agreement shall commence on the Effective Date and shall continue in full force and effect for the Initial Term specified in the applicable Order Form. Upon expiry of the Initial Term, this Agreement shall automatically renew for successive Renewal Periods (each of equal duration to the Initial Term unless otherwise stated in the Order Form), unless:

a)Either Party gives written notice of non-renewal at least sixty (60) days prior to the end of the then-current term, or

b)this Agreement is earlier terminated in accordance with this Clause 13.

The Initial Term, together with all Renewal Periods, shall constitute the “Term”.

12.2.After the expiry of the Initial Term, either Party may terminate this Agreement without cause by providing at least sixty (60) days’ written notice to the other Party. For the avoidance of doubt, no termination for convenience shall be permitted during the Initial Term, unless otherwise agreed by the Parties.

12.3.Either Party may terminate this Agreement immediately upon written notice if the other Party:

a)commits a material breach of this Agreement and (if such breach is capable of remedy) fails to remedy that breach within fifteen (15) days after receiving written notice of the breach; or

b)becomes insolvent, enters into liquidation, administration, bankruptcy, makes an arrangement with its creditors, or ceases or threatens to cease to carry on business.

12.4.The Provider may terminate this Agreement immediately if the Customer:

a)Fails to pay amounts due within the timelines indicated in this Agreement;

b)Violates acceptable use policies or applicable laws;

c)Engages in fraudulent or illegal activities using the Platform.

12.5.Effect of Termination. Upon termination:

a)All licenses granted hereunder shall immediately terminate;

b)The Customer shall immediately pay all outstanding fees;

c)The Customer shall cease all use of the Platform;

d)Each Party shall return or destroy the other's Confidential Information.

12.6.Survival. The following sections shall survive termination: Confidentiality, Intellectual Property, Limitation of Liability, Payment Obligations and any other provisions that by their nature should survive.

12.7.In addition to its termination rights, the Provider may immediately suspend the Customer’s access to the Services (in whole or in part) if it reasonably believes that continued use would cause harm, security risk, or legal exposure to the Provider, other customers, or third parties.

13. Miscellaneous

13.1.No Waiver. The failure by either Party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Neither Party will be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by a duly authorized representative of the Party against which such waiver is asserted.

13.2.Tax Responsibility. The Customer is solely responsible for all taxes, fees, and charges related to its use of the Platform and rewards provided to End Users. The Provider provides no tax advice and recommends consulting with a tax professional.

13.3.Severability. Each provision of this Agreement is severable and distinct from the others and, if any provision is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent or in those circumstances, be deemed not to form part of this Agreement, the validity, legality and enforceability of that and all other provisions of this Agreement, shall not be affected or impaired, it being the Parties intention that every provision of this Agreement shall be and remain valid and enforceable to the fullest extent permitted by law.

13.4.Notices. Except as otherwise expressly provided herein, all notices, approvals, consents and other communications required or permitted under this Agreement will be invalid unless made in writing and given via mail, fax, email, authorized by each Party as mail address, fax or email “for notices” either in this Agreement in any other correspondence circulated between Parties, including in the e-mails, messengers or other means of communication used by the Parties.

The emails of the Parties to be used for the communications hereunder are as follows:

The Provider:

(i)General email for all legal notices, approvals, consents, and exchange of documentation: [email protected];

(ii)Support email: [email protected];

(iii)Invoicing email: [email protected].

The Customer:

Notices to the Customer shall be sent to the email address(es) provided by the Customer:

(i)in the most recent Order Form;

(ii)during account registration or onboarding; or

(iii)subsequently updated by the Customer in writing through the Enable3 Widget Admin Panel or by Notice to the Provider.

Until the Customer provides alternative contact details in accordance with this clause, all Notices shall be validly delivered to the email address used by the Customer to register the account or to accept the applicable Order Form.

Day-to-day operational, technical and support communications (including notifications about service updates, downtime, feature releases, invoices and payment reminders) may be sent by email, in-app notifications, or through the Enable3 Widget Admin Panel without the formalities required for Notices under Clause 14.4.

13.5.Assignment. The Customer shall not assign, transfer, novate, subcontract, encumber or otherwise dispose of any of its rights or obligations under this Agreement (in whole or in part) without the prior written consent of the Provider, such consent not to be unreasonably Page of

withheld or delayed. Any purported assignment, transfer or novation in violation of this clause shall be null and void.

The Provider may, at its sole discretion and without the Customer’s prior consent, assign, transfer, novate, subcontract or otherwise dispose of this Agreement or any of its rights or obligations hereunder (in whole or in part):

a)to any Affiliate of the Provider; or

b)in connection with a merger, acquisition, reorganization, sale of all or substantially all of its assets, or any similar corporate transaction.

In all other cases, the Provider shall provide the Customer with at least fifteen (15) calendar days’ prior written notice of any intended assignment, transfer, or novation.

The Customer shall be entitled, by written notice given no later than five (5) calendar days before the effective date of such assignment, transfer or novation, to terminate this Agreement with immediate effect.

Any permitted assignee or successor shall, by operation of this clause, be bound by and entitled to the benefit of the terms and conditions of this Agreement to the same extent as the original Party.

13.6.INDEMNIFICATION BY THE CUSTOMER. THE CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PROVIDER, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THE CUSTOMER’S REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS UNDER THIS AGREEMENT.

THIS INDEMNIFICATION OBLIGATION INCLUDES, WITHOUT LIMITATION, LIABILITIES RELATED TO:

A.THE CUSTOMER'S FAILURE TO PERFORM ADEQUATE KYC (KNOW YOUR CUSTOMER) CHECKS, AML (ANTI-MONEY LAUNDERING) COMPLIANCE, OR OTHER REGULATORY DUE DILIGENCE ON ITS END USERS;

B.THE FULFILLMENT OF REWARDS, PAYOUTS, OR OTHER OBLIGATIONS TO END USERS UNDER THE LOYALTY ACTIVITIES LAUNCHED AND MANAGED BY THE CUSTOMER;

C.ANY VIOLATION OF INTERNATIONAL SANCTIONS, EXPORT CONTROLS, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS BY THE CUSTOMER OR ITS END USERS;

D.ANY PROBLEMATIC ISSUES REGARDING THE CUSTOMER'S MARKETING ACTIVITIES AND CONTENT.

13.7.Force Major. Neither Party will be liable for any losses arising out of the delay or interruption of its performance of obligations under this Agreement due to circumstances beyond reasonable control, including acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party or any other occurrences which are beyond such Parties' reasonable control.

13.8.Entire Agreement. This Agreement constitutes the complete understanding between the parties and supersedes all prior agreements, oral or written, relating to the subject matter herein.

13.9.English language controls. All documents under this Agreement will be in English or, if not in English, will be accompanied by a certified English translation. If there is any inconsistency between the English version of this Agreement and any version in any other language, the English version will prevail.

13.10.Partnership and Joint Venture Excluded. Nothing in this Agreement shall create a relationship between the Parties of partnership or joint venture.

13.11.Compliance with Jurisdictional Restrictions. The Customer is solely responsible for determining in which jurisdictions the Platform's functionalities and services may be legally offered. The Customer shall not permit access to the Platform for End Users from jurisdictions where such use is restricted or prohibited. The Customer shall implement appropriate technical measures to enforce these geographic restrictions and shall comply with all applicable export controls and economic sanctions requirements. The Provider disclaims all liability for the Customer's failure to comply with any jurisdictional restrictions or regulatory requirements.

13.12.Sanctioned Countries & Persons. Use of the Services and Platform Widget is subject to international export controls and economic sanctions requirements. By accessing and using the Platform and the Services, the Customer agrees that it will comply with those requirements.

The Customer shall not provide access to and/or use the Platform and the Provider's Intellectual Property to the End Users who are residents or nationals of Afghanistan, Burundi, Venezuela, Haiti, Guinea, Guinea-Bissau, Eritrea, Central African Republic (CAR), North Korea, Democratic Republic of the Congo (DR Congo), Iraq, Iran, Cuba, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, Niger, Somalia, Northern Sudan, Syria, South Yemen, Yemen, Zimbabwe, or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury's financial sanctions regimes (each a “Sanctioned Country”), or if they are a persons on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or the EU or HM Treasury's financial sanctions regime (a “Sanctioned Person”).

13.13.Partnership and Joint Venture Excluded. Nothing in this Agreement shall create a relationship between the Parties of partnership or joint venture.

14. Electronic Communication & Consent

14.1.Consent to Electronic Delivery By accepting these Terms, accessing or using the Services, or by providing us with your email address, you expressly consent to the delivery of all communications, agreements, documents, notices, disclosures, statements, records, policies, updates and any other information related to the Services or this Agreement (collectively, “Communications”) in electronic form only. This includes, without limitation:

(a) legal and regulatory disclosures and notices; (b) this Agreement and any amendments, addenda or supplements thereto; (c) privacy policies and privacy notices; (d) fee schedules, billing statements and payment authorizations; (e) transaction receipts, confirmations and histories; (f) customer service and support communications; (g) responses to claims or reports of errors; (h) notifications about changes to the Services, downtime, security incidents or updates; (i) any other records or information we are required to provide you by law; and (j) with your separate opt-in consent, marketing and promotional materials.

14.2.Method of Delivery: Electronic Communications may be provided via:

▪email to the address you provided during registration or subsequently updated;

▪in-app notifications or messages within the Enable3 Widget Admin Panel;

▪posting on the Website or within your account dashboard; or

▪any other electronic method we may introduce from time to time.

14.3.Validity and Enforceability. You agree that any Communication provided electronically shall have the same legal effect and enforceability as if provided in paper form and bearing a handwritten signature. You waive any right to challenge the validity of this Agreement or any Communication based on the fact that it was provided electronically.

14.4.Hardware and Software Requirements: To access and retain electronic Communications, you must have:

▪a valid email address;

▪a device with internet access and a current web browser;

▪sufficient storage space or the ability to print/save documents; and

▪an up-to-date PDF reader.

14.5.Updating Contact Information. You agree to keep your contact information (especially your primary email address) up to date through the Enable3 Widget Admin Panel. We are not responsible for undelivered Communications if you fail to update your contact details.

14.6.Withdrawing Consent. You may withdraw your consent to receive Communications electronically at any time by written notice to [email protected]. However, withdrawal of consent will result in immediate termination of your access to the Services, as we do not offer non-electronic delivery.

14.7.Paper Copies. You may request a paper copy of any Communication within 180 days of its electronic delivery by contacting us at [email protected]. We may charge a reasonable administrative fee for such copies.

This Agreement is Effective as of the Earlier of:

(a) the date you click “I Accept”, “Sign Up”, or any similar button;

(b) the date you execute an Order Form referencing these Terms; or

(the “Effective Date”).

BY TAKING ANY OF THE ABOVE ACTIONS, YOU UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.