TERMS OF SERVICE

1. Eligibility and Authority

You must be at least 18 years old to use the Services. If you use the Services on behalf of an organization, you represent and warrant you have authority to bind that organization, and "you" includes the organization.

2. Accounts and Security

To access certain Services, you must create an account.

You agree to:

• provide accurate, current, and complete information;
• maintain and promptly update your information; and
• keep your login credentials confidential.

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach related to your account.

2.1 SMS Communications

SGEN may use SMS to send one-time passwords (OTPs) and verification codes for account registration, authentication, and account security. By providing your phone number, you consent to receive these transactional SMS messages. Message frequency varies depending on account activity. Message and data rates may apply. You may reply STOP to opt out of SMS messages or HELP for assistance.

3. The Services Are Evolving

3.1 Service Changes

SGEN is an evolving platform. We may add, modify, remove, suspend, or discontinue any part of the Services at any time (including features, integrations, limits, supported technologies, and availability).

Where practicable, we will provide notice of material changes that substantially impact paying customers' use of core functionality, unless a change is required for security, legal, or operational reasons or is otherwise time-sensitive.

3.2 Operational and Protective Actions

To protect the Services, our users, and the public, we may take reasonable actions including:

limiting, throttling, restricting, suspending, or terminating access to the Services or an account;

removing, disabling, or restricting content or websites;

blocking traffic, deployments, integrations, or activity that presents abuse, fraud, malware, spam, phishing, excessive load, or security risk; and

updating eligibility criteria or technical standards for use of the Services.

4. Subscription Plans, Billing, Trials, and Taxes

4.1 Plans and Fees

Some Services require payment. Plan details (including features, limits, and pricing) are described at the time of purchase and may change over time.

4.2 Billing and Auto-Renewal

Paid subscriptions are billed in advance on a recurring basis (monthly or annual), unless stated otherwise at purchase. Subscriptions automatically renew unless you cancel before renewal.

4.3 Payment Processing

Payments may be processed by third-party payment processors. You authorize us (and our payment processors) to charge your selected payment method for all applicable fees, taxes, and charges.

4.4 Failed Payments

If payment fails, we may retry charges and may suspend, limit, downgrade, or terminate access until payment is resolved. We may apply a grace period at our discretion.

4.5 Plan Changes

Upgrades may take effect immediately and may be prorated. Downgrades typically take effect at the end of the then-current billing period unless stated otherwise at purchase.

4.6 Refunds (Interim)

Except where required by law or expressly stated at purchase in writing, all fees are non-refundable, and we do not provide refunds or credits for partial periods, unused capacity, downgrades, or unused time.

4.7 Taxes

Fees are exclusive of applicable taxes unless stated otherwise. You are responsible for all applicable taxes, and we may collect taxes where required.

5. User Content and Data

"User Content" means content you (or your users) submit, upload, publish, transmit, store, or create through the Services, including websites, pages, designs, text, images, videos, products, customer information, form submissions, and configuration data.

5.1 Ownership

You retain ownership of your User Content.

5.2 License to Provide the Services

You grant SGEN a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and otherwise use your User Content only as necessary to provide, secure, maintain, and improve the Services, enforce these Terms, and comply with law.

5.3 Your Responsibilities

You are solely responsible for:

• the legality, accuracy, and content of your User Content;
• obtaining all rights, permissions, and consents needed to use and publish your User Content; and
• providing appropriate notices and obtaining consents from your site visitors and customers (including for cookies, tracking, marketing communications, and data collection), as required by law.

5.4 Backups and Exports

We may maintain backups and may provide export tools, but we do not guarantee any specific backup cadence, retention duration, recovery outcome, or export completeness. You are responsible for maintaining your own copies of important data.

6. Acceptable Use

Your use of the Services must comply with our Acceptable Use Policy (/legal/aup).

You may not use the Services to:

• violate law or infringe rights;
• distribute malware, run phishing/fraud, or facilitate abuse;
• attempt unauthorized access, disrupt systems, scrape data, or overload infrastructure; or
• resell the Services or provide them as a competing service without our written permission.

We may remove content, suspend access, or terminate accounts for violations.

7. Ecommerce

If you use ecommerce functionality, you are solely responsible for your store, products/services, pricing, taxes, compliance, fulfillment, customer service, returns, and refunds.

**Platform role.** SGEN provides tools; we are not a party to transactions between you and your customers and do not guarantee sales, conversions, or outcomes.

**Payment processing** may be handled by third-party processors. You are responsible for their fees, terms, and compliance requirements.

8. Intellectual Property; Templates; Platform Materials

8.1 SGEN Property

The Services, including software, code, systems, interfaces, templates, blocks, components, documentation, and branding, are owned by SGEN and/or its licensors and protected by law.

8.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes during your subscription term.

You may not (except where prohibited by law):

• reverse engineer, decompile, or attempt to discover source code;
• copy or create derivative works of the Services; or
• use the Services to build a competing product.

8.3 Templates, Blocks, and Assets

If the Services include templates, blocks, components, or other materials provided by SGEN ("Service Materials"), you may use them to create and publish your websites and content on the Services. You may not resell or redistribute Service Materials as standalone products, templates, or libraries except with our written permission.

8.4 Feedback

If you provide feedback, you grant SGEN a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback without obligation.

9. Copyright and DMCA (Takedowns)

If you believe content hosted on the Services infringes your copyright, you may send a notice to legal@sgen.com with sufficient information for us to investigate (including the work claimed to be infringed, the URL/location, your contact information, and a statement you have a good-faith belief the use is unauthorized).

We may remove or disable access to allegedly infringing content and may terminate repeat infringers where appropriate.

10. Third-Party Services and Integrations

The Services may integrate with third-party services (e.g., analytics, payment processors, email/SMS providers, CRMs, and external APIs). Third-party services are governed by their own terms and policies. We are not responsible for third-party outages, changes, discontinuation, accuracy, fees, or data handling by third parties.

11. Privacy and Data Roles

Our processing of personal information is described in our Privacy Policy (/legal/privacy).

In general:

• For your account data, SGEN acts as a data controller.
• For data you collect from your site visitors/customers (e.g., form submissions), you are the controller and SGEN may act as a processor providing the Services.

You are responsible for complying with applicable privacy and marketing laws for your websites and customer interactions.

12. Data Use for Improvement; Aggregated/De-Identified Data

We may collect and use data about how the Services are used to operate, secure, maintain, improve, and develop the Services, including for analytics, troubleshooting, performance optimization, and feature development.

We may generate and use aggregated and/or de-identified data derived from use of the Services for product improvement and business analytics. Aggregated/de-identified data does not identify you or your end users.

13. Beta / Preview Features

We may offer certain features as beta, preview, or early access ("Beta Features"). Beta Features may change, have limited support, or be discontinued and are provided "as is" without warranties or guarantees.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SGEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA WILL NOT BE LOST.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SGEN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL.

SGEN'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO SGEN FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless SGEN and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

• your User Content or websites you create/publish using the Services;
• your use or misuse of the Services;
• your violation of these Terms, the AUP, or applicable law; or
• your violation of any third-party rights.

17. Suspension and Termination

17.1 Termination by You

You may cancel your subscription at any time (if available through account settings). Cancellation typically takes effect at the end of the current billing period unless stated otherwise at purchase.

17.2 Suspension/Termination by SGEN

We may suspend or terminate access immediately for violations, non-payment, security risk, suspected abuse, or where required by law.

17.3 Effect of Termination

Upon termination:

• your right to access the Services may end immediately;
• your published sites may be taken offline; and
• we may delete User Content and account data in accordance with our retention practices and legal obligations.

18. Governing Law; Venue

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law rules.

To the extent any dispute is permitted to be brought in court, you agree it will be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to personal jurisdiction and venue there.

19. Changes to These Terms

We may update these Terms by posting an updated version and updating the "Last Updated" date above. Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms.

20. Contact

**Legal:** legal@sgen.com

**Company:** NEGS117 LLC d/b/a SGEN

**Address:** 360 E Desert Inn Rd #1501 Las Vegas 89109