DATA DISCERN
TERMS OF USE

Last Updated: January 22, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE.
THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A
LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF
THE SERVICE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO
THESE TERMS OF USE, YOU MAY NOT USE THE SERVICE. YOUR CONTINUED USE OF
THE SERVICE MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE
DESCRIBED OR REFERRED TO BELOW.

1. OVERVIEW.
Unless otherwise expressly stated, these terms and conditions (these “Terms of Use”) represent a legally
binding agreement between Data Discern LLC, for itself and on behalf of its parent, subsidiary, and
affiliate companies (collectively, “Company”, “we”, “us”, or “our”), and each visitor, user, or customer
(each, a “user,” and specifically you, “you” or “your”) of our owned and operated website,
https://datadiscerninc.com/, all respective subdomains thereof, and of our other affiliated websites,
subdomains, mobile versions, applications (including mobile applications), and online media under our
operation and control, as well as all backup, mirror, replacement, or substitute websites or webpages we
make available as part of the services we provide (collectively, the “Service”). When you see the word
“use” or “using,” we mean any time you or any other visitor, user, or customer, directly or indirectly,
attempts to or actually does access, interact, display, view, browse, print, copy, transmit, receive, or
exchange data, messages, or content or you otherwise communicate with us or anyone else, including,
without limitation, another user, advertiser, or any person, company, or other entity you may encounter on
or through the Service (to the extent facilitated by the Service’s functionalities), or utilize, benefit, take
advantage of, or interact any feature, function, or service or activity, promotion, or other content of, on, or
available through the Service (together with the Service, the “Content”), for any purpose.
By accessing and using the Service, you agree and acknowledge that (i) you have read and understand the
legal agreement you have with us, including these Terms of Use, the Privacy Policy, and any other
applicable terms and conditions that we disclose or notify you of when you use or attempt to use the
Service (collectively, the “Additional Terms”), which are expressly made part of your legal agreement
with Company; (ii) that unless you immediately stop using or trying to use the Service, you will be
signifying your agreement to be legally bound by and comply with all of the terms and conditions that
apply to you under these Terms of Use, the Privacy Policy, and the Additional Terms, as applicable; and
(iii) you are at least eighteen (18) years old or the “age of majority” in your jurisdiction, if different. If
you are younger than the “age of majority” in your jurisdiction, you may only use the Service with the
consent of your parent or legal guardian. As set forth in the Privacy Policy, the Service is not intended for
children under the age of thirteen (13) and we do not knowingly collect, share, or sell Personal
Information (as that term is defined in the Privacy Policy) from children under the age of thirteen (13).
Any terms used but not defined herein are defined in the Privacy Policy or Additional Terms, as the case
may be.

As used herein, our “Partners” refers to Company and our suppliers, vendors, sponsors, advertisers and
other promotional and advertising partners, operational service providers, licensors, licensees, agents,
representatives, successors, and assigns and each of their respective parent, subsidiary, and affiliate
companies.

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2. CHANGES TO THE SERVICE AND TERMS OF USE.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to,
delete, and/or modify any or all the terms and conditions of these Terms of Use or any Additional Terms
that apply to you, as well as the Service and/or any Content. We display the effective date of these Terms
of Use at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE
INDICATED, ANY CHANGES TO THESE TERMS OF USE OR ADDITIONAL TERMS WILL
APPLY IMMEDIATELY UPON POSTING TO THE SERVICE. If you use the affected Service after the
changes become effective, it means you are agreeing to be bound by the changes to these Terms of Use
and Additional Terms, as the case may be. You should check on a regular and frequent basis and review
the terms and conditions of these Terms of Use and Additional Terms that apply to you so you are aware
of the current rights and obligations that apply to you.

3. SERVICE TESTING.
From time to time, we test various aspects of the Service, including the platform, user interfaces, service
levels, plans, promotions, and features associated therewith, and we reserve the right to include you in or
exclude you from these tests without notice.

4. USER PRIVACY AND OUR PRIVACY POLICY.
By accessing and using the Service, you are agreeing to be bound by the Privacy Policy. Please read the
Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal
Information.

5. ACCOUNT INFORMATION; PAYMENT PROCESSOR
The Service enables users to create an account (each, an “Account”) when purchasing data analysis
and/or consulting services (collectively, “Consultancy Services”) via the Service. When you register an
Account with us, you must provide us with complete and accurate information (including, without
limitation, certain Personal Information [as defined in the Privacy Policy]) as requested when registering
an Account and, thereafter, as and when requested or enabled by Company from time to time, and you
may also choose to save and store within your Account certain information for future purchases of
Consultancy Services, such as your Transaction Information (as defined below) (collectively, “Account
Information”). By providing Company with any Account Information, you grant to us and to all other
persons, companies, and other entities involved in the operation of the Service the right to use, store,
monitor, retrieve, and transmit such Account Information in connection with the operation of the Service
and as otherwise provided herein and in the Privacy Policy, which sets forth our information collection
and use policies with respect to the privacy of your Account Information. You acknowledge, consent,
agree that we may access, preserve, and disclose your Account Information and your Content if required
to do so by Applicable Law, or if we believe in good faith that such access preservation or disclosure is
reasonably necessary or helpful to (i) comply with legal process; (ii) enforce these Terms of Use,
including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or
security issues; (iv) respond to any Claim that Content violates the rights of third parties; (v) provide
certain customized features of the Service to you, if any; (vi) respond if you contact us for any reason; or
(vii) protect the rights, property, or personal safety of Company, any one or more of our Partners, other
users, and the public.

We reserve the right to immediately terminate your Account at our sole discretion and without prior
notice to you if, for example, you violate the Terms of Use. Accounts terminated by us for any type of
abuse including, without limitation, a violation of these Terms of Use, may not be reactivated.

When you purchase Consultancy Services via the Service, and as further described in our Privacy Policy,
you will be asked to supply Company and/or our third-party payment processor (“Payment Processor”)
with certain information relevant to your transaction, including, without limitation, your name, email
address, information about your form of payment (i.e., credit card, payment card, or other payment
method and the expiration date and security/CVV code, if applicable), the billing address associated with
such form of payment, and other related information (collectively, “Transaction Information”). By
providing Company with any Transaction Information, you represent and warrant that you have the legal
right to use any credit cards or payment cards or other payment methods utilized in connection with any
purchases you make through the Service and to provide Company with all related Transaction
Information.

6. COMMUNICATIONS FROM COMPANY
By registering or creating an Account, you may be automatically subscribed to receive certain email
notifications and Content from us (collectively, “Automatic Communications”), or we may give you the
option to select and receive certain email notifications and Content from us (collectively, “Voluntary
Communications”). You will always have the option to unsubscribe from Voluntary Communications
and promotional Automatic Communications, as described in our Privacy Policy.

7. OWNERSHIP OF CONTENT; MEDICAL DATA.
The Service and, except as described below, all Content is either the property of Company or our
Partners, and is protected by Applicable Law. To avoid any doubt, when we use “Content,” it includes,
but is not limited to, such things as software, code, design, text, images, photographs, illustrations,
animations, audio, video and audio-visual material, art, graphic material, proprietary information, data,
databases, Trademarks (as defined below), the selection, sequence, “look and feel” and arrangement of
items and all copyrightable or otherwise legally protectable elements of the Service. All Trademarks
remain owned by, and used by us under license from, their respective owners.

To the extent that you provide Company with any information, text, data, charts, graphics, or analyses of
or about individual consumers in connection with the Consultancy Services (collectively, “Medical
Data”), you retain ownership to any and all of your Medical Data and these Terms of Use do not deprive
you or any holder of such Medical Data of your or their rights therein and thereto. However, when you do
submit or provide Medical Data, you are giving us an unconditional, non-exclusive, royalty-free,
transferable, sublicensable (through multiple tiers), worldwide right and license to use, reproduce, adapt,
translate, and/or modify the Medical Data and create derivative works based thereupon, solely in
connection with the Consultancy Services, and you are representing and warranting to us you have all
necessary rights, consents, and/or permissions to grant us such license. If you do not have the right (or if
you are not certain whether you have the right) to provide your Medical Data to us in accordance with the
foregoing terms, do not submit or provide Medical Data to us.

8. USAGE RULES.
We reserve the right to deny you access to any and all parts of the Service for any reason and at our sole
discretion.

You may never use, allow or enable or knowingly condone any other person, company, or other entity to
use, the Service to do or attempt to do any of the following, for any reason:

 violate any applicable law, including, without limitation, under U.S. federal, state, local, and
foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and
treaties (as may be amended from time to time, collectively, “Applicable Law”), or our rights or
the rights of any other person, company, or other entity;
 impersonate any other person, company, or other entity or any of our or their employees and
agents or otherwise use any fake, false, or fictitious names or profiles;
 use the Service to disseminate malicious or unauthorized code (e.g., viruses, time bombs, cancel
bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in
any way interrupt, damage, interfere with, destroy, or limit the functionality of any computer
software or hardware or communication equipment, including the Service;
 gain unauthorized use of the Service, other users’ Accounts or Account Information, names, login
or password information, or Personal Information or use the Service in any manner which
violates or is inconsistent with the provisions or spirit of these Terms of Use;
 modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or
maintenance of the Service or the rights or use and enjoyment of the Service by any other person,
company, or other entity;
 access, copy, reproduce, use, or create derivative works of any Content, Trademarks, or textual
information pertaining thereto or images or photos thereof, or any other content, materials,
information, text, copyrightable materials or other original works of authorship, images, pictures,
photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content
or files, videos or video files, audiovisual content or files, software, firmware, code, tools,
databases, textual links, keywords, data or metadata, chats, or other intellectual property of any
kind or nature uploaded to, or contained in, the Service, or for purposes of training, any machine
learning or artificial intelligence (AI) or similar technologies now known or hereafter devised,
including, without limitation, technologies that are capable of generating works in the same style
or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use,
or otherwise;
 collect, obtain, compile, scrape, frame, gather, transmit, reproduce, delete, revise, view, or display
the Service, the Content, or any material or information, whether personally identifiable or not,
submitted, provided, or made available by or concerning any other person, company, or other
entity;
 engage in any activity or fail to report any activity involving spam, junk email, chain letters,
duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar
schemes;
 use any robot, spider, or other automated means to access, scrape, harvest, or mine the Service,
the Content, or the services made available through the Service.
Engaging in or permitting any of the foregoing restricted activities constitutes a material breach of these
Terms of Use and may constitute a violation of Applicable Law.

9. TRADEMARKS.

Unless otherwise disclosed, all of the trademarks, service marks, brand names, logos, insignia, symbols,
product or service names, and company names (collectively, “Trademarks”) displayed on the Service are
registered and unregistered trademarks of Company or one or more of our Partners. Nothing on the
Service should be construed as granting, by implication, estoppel, or otherwise, any license or right in or
to the Trademarks without the express written permission of, with respect to our Trademarks, Company
or, with respect to other Trademarks, the applicable third-party owner or licensor thereof. Except as
expressly provided in these Terms of Use, any use of the Trademarks is expressly prohibited.

10. DEALINGS WITH ADVERTISERS AND OTHER USERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers and other
users found on or through the Service are solely between you and such advertiser or user. YOU AGREE
THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE
PRESENCE OF SUCH ADVERTISERS OR USERS VIA THE SERVICE.

11. FEEDBACK.
You agree that, with respect to any feedback, suggestions, and comments to Company or our Partners
provided by you (collectively, “Feedback”), YOU HEREBY GRANT TO COMPANY THE
EXCLUSIVE PERPETUAL, IRREVOCABLE, AND WORLDWIDE RIGHT TO USE, COPY,
DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE, AND OTHERWISE
EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY
EMBODIMENT, MANNER, OR MEDIA NOW KNOWN OR HEREAFTER DEVISED, WITHOUT
ANY REMUNERATION, COMPENSATION, OR CREDIT TO YOU. You represent and warrant that
you have the right to make the foregoing grant to Company and that none of the Feedback infringes any
intellectual property or any other rights of third parties or Applicable Law. Notwithstanding the
foregoing, we grant to you a conditional, non-exclusive, royalty-free, non-transferable, non-sublicensable,
worldwide, perpetual, and revocable right and license to use the Feedback for your own personal, non-
commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

12. TERMINATION.
You agree that Company may terminate your access to the Service or any Account you may have, or any
portion thereof, at any time, for any reason or no reason, without prior notice to you, and you agree that
we shall not be liable to you or any third party for any such termination. Company reserves the right to
modify, suspend, or discontinue the Service and/or access to it at any time, for any reason or no reason,
without prior notice to you, and Company will not be liable to you should we exercise such rights, even if
your use of the Service is impacted by the change. These remedies are in addition to any other remedies
we may have at law, in equity, or under these Terms of Use or any of the Additional Terms, all of which
shall be cumulative.

13. INDEMNIFICATION.
By using the Service, you agree to indemnify, defend, and hold harmless Company and each of its
Partners and each of their respective officers, directors, stockholders, managers, members, partners, joint
venturers, employees, independent contractors, operational service providers, consultants, licensors,
licensees, attorneys, representatives, agents, heirs, successors and assigns (collectively, the
“Indemnitees”) from and against from and against any and all losses, damages, liabilities, penalties,
fines, costs, and expenses, including, without limitation, attorneys’ fees and court costs, arising from or
relating to any claim, action, cause of action, demand, or allegation of any and every kind, nature, and

character, whether based in whole or in part in contract, tort, negligence, statute or otherwise (each, a
“Claim”), brought or asserted by a third party to the extent arising from (i) your breach or violation, or
allegation which if true would constitute a breach or violation, of any representation, warranty, or
obligation of these Terms of Use or any of the other Additional Terms; (ii) any allegation that the Medical
Data and Company’s use thereof as permitted by these Terms of Use violate any moral, literary, privacy,
publicity or other right of any consumer or entity; or violate user’s own policies (to the extent applicable),
or any Applicable Law; (iii) your use or misuse of the Service or Content; (iv) any violations, or
allegation which if true would constitute a violation, of Applicable Law; and/or (v) any unauthorized use,
or allegation which if true would constitute an unauthorized use, of your Account. We have the right, at
any time, to assume the defense against any Claim and all negotiations for settlement and compromise
and you agree to cooperate with us in any such defense.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; BASIS OF THE
BARGAIN.
ALTHOUGH WE MAY UPDATE THE CONTENT ON THE SERVICE FROM TIME TO TIME,
PLEASE NOTE THAT SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY
CONTAIN ERRORS OR INACCURACIES. YOU RELY ON THE INFORMATION CONTAINED ON
THE SERVICE AT YOUR OWN RISK. THE SERVICE AND THE CONTENT ARE MADE
AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
TITLE, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY
PART OF THE SERVICE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED, OR
THAT THE SERVICE AND THE CONTENT ARE ACCURATE, TIMELY, COMPLETE, OR
ERROR-FREE AND YOU SHOULD NOT RELY ON THE SERVICE OR ANY CONTENT FOR ANY
DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. NEITHER
COMPANY NOR ANY OF OUR PARTNERS OR OTHER INDEMNITEES ARE RESPONSIBLE
NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, OR
INABILITY TO ACCESS OR USE THE SERVICE OR THE CONTENT, EVEN IF DUE TO
MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING
YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT,
PROGRAMS, AND INFORMATION BECAUSE YOU ARE ASSUMING ALL RISK OF LOSS OR
DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM, FOR
OURSELVES AND ON BEHALF OF OUR PARTNERS AND OTHER INDEMNITEES, ALL
LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND IN CONNECTION
WITH OR ARISING FROM USE OF THE SERVICE, OR FROM THESE TERMS OF USE,
INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, REGARDLESS
OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN
DAMAGES SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
UNDER APPLICABLE LAW. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR
LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, COMPANY AND OUR
PARTNERS AND OTHER INDEMNITEES SHALL BE ENTITLED TO THE MAXIMUM
LIMITATIONS AND EXCLUSIONS PERMITTED; PROVIDED, HOWEVER, IN NO EVENT SHALL
COMPANY AND OUR PARTNERS OR OTHER INDEMNITEES’ TOTAL AND COLLECTIVE
LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS SERVICE AND
ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A
REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND
THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE
THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE
LIMITATIONS.

15. THIRD-PARTY LINKS.
The Service may contain links to or advertisements for websites operated by third parties and, therefore,
not owned or controlled by Company. The links to and advertisements concerning third-party websites,
material, products, or services are provided for your convenience only. We are not responsible for the
content, performance, or privacy practices of these third-party websites or for your interactions with them,
and you visit them at your own risk. Our inclusion of links to or advertisements for such third-party
websites does not imply any endorsement of the material, products, or services provided by such third-
party websites or any association with such third-party websites or their owners or operators whatsoever.

16. GEOGRAPHIC DISCLAIMER.
The Service is intended for users who are United States residents. We make no representations that the
Service is appropriate or available for use in other locations. Access to the Service and the Content may
not be legal for some persons or in some countries outside the United States. If you elect to access and use
the Service and Content from outside of the United States, you do so at your own risk and are solely
responsible for complying with all Applicable Law.

17. CHOICE OF LAW.
These Terms of Use shall be construed and enforced under the laws of the State of Texas applicable to
parties residing in and contracts made, executed, and wholly performed within the State of Texas. The
Uniform Computer Information Transactions Act does not apply to these Terms of Use. With respect to
the resolution of any dispute or controversy arising out of these Terms of Use, your use of the Service, or
the Production, you specifically agree and submit to the jurisdiction of the Federal and State courts
situated in the County of Williamson in the State of Texas, and you will not object to jurisdiction or
venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise, and YOU
HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL
BY JURY IN ANY ACTION OR PROCEEDING COMMENCED WITH RESPECT THERETO.
18. WAIVERS OF CERTAIN LEGAL RIGHTS.

You agree that you will only sue Company and our Partners or other Indemnitees as an individual, and
that you will not file a class action or participate in a class action against any one or more of such parties.
Any dispute between you, on the one hand, and Company and/or our Partners or other Indemnitees, on the
other hand, can only be brought in binding individual (non-class) arbitration to be administered by the
American Arbitration Association (the “AAA”). If, for any reason, the AAA is not available, you or we
may file our case with any national arbitration company. This clause shall not preclude parties from
seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

No claim or action relating in any way to this Terms of Use, the Privacy Policy, Additional Terms, the
Service, the Content, or otherwise with respect to the subject matter hereof, regardless of form or the basis
of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if
multiple causes, from the date the first such cause of action arose). Otherwise, such cause of action is
permanently barred.

19. RIGHT TO NOTIFY TO LAW ENFORCEMENT.
If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission, or
circumstances which may or could compromise or endanger the health, wellbeing, or safety of any
person, cause or lead to damage to persons or property (tangible or intangible), adversely affects,
infringes upon, or misappropriates the rights of others, harasses or interferes with any other user or
person, company, or other entity, interferes with or bypasses our security or other protective measures
applicable to our systems, networks, and communications capabilities, breaches or violates these Terms of
Use, the Privacy Policy, Additional Terms, the Service, the Content, or any Applicable Law, we have the
right, reserving cumulatively all other rights and remedies available to us at law, in equity, or under these
Terms of Use or any of the Additional Terms, to report and provide information to any and all regulatory
and law enforcement authorities and agencies and take any action permitted by Applicable Law.

20. ENTIRE AGREEMENT.
These Terms of Use, together with the Privacy Policy and any Additional Terms that apply to you,
constitute the entire agreement you have with us regarding the Service, the Content, and other subject
matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to
the subject matter.

21. SEVERABILITY.
The illegality, invalidity, or unenforceability of any term or condition contained in these Terms of Use is
severable and shall not affect the rest of these Terms of Use. Headings are purely for reference and shall
not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce
its meaning shall survive termination.

22. ASSIGNMENT.
We may assign, delegate, subcontract, or transfer our rights, obligations, and/or duties under these Terms
of Use or any of the Additional Terms to any party at any time without notice to you. You may not assign,
delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms of Use or
any of the Additional Terms to anyone else.

23. WAIVER.
Any provision of these Terms of Use may be waived only by a written instrument executed by the party
entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or
provision of these Terms of Use or any of the Additional Terms will not constitute a waiver of such right
or provision.

24. NOTICES.

We may deliver notice to you under these Terms of Use or any of the Additional Terms by means of
email, a general notice on the Service, or written communication delivered by First-Class U.S. Mail to
your address on record in your Account, if any. You may give notice to us at any time by letter delivered
by First-Class U.S. Mail or overnight courier, return receipt requested, postage prepaid, to the following
address:
Data Discern LLC
Attention: Legal
108 Rocky Ledge Cv
Georgetown, Texas 78633
United States of America

25. NOTICE FOR CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to receive
information on how to resolve a complaint regarding the Service or to receive further information
regarding use of the Service. Such complaints or requests may be submitted to Company by email at
support@datadiscerninc.com.

26. CONTACT US.
If you have any questions about these Terms of Use, please contact Company by email at
support@datadiscerninc.com or send us a message through the “Let’s Chat!” feature on the Service.