User Agreement

Welcome to the Guy Spy™ (“GuySpy “, “We”, “Our”) mobile device software application (the “GuySpy Software”).
By accessing, browsing, downloading, or otherwise using the GuySpy Software, this site, any associated voice chat
service, other linked or associated sites, any web widgets, feeds or applications, any associated mobile phone
SMS or premium SMS service (“Mobile Services”) or any other mobile or web services or applications owned,
controlled, operated or offered by the following entities (collectively, the “GuySpy Services”): Stark Mobile
Technologies, LLC or any of their affiliates or valid licensees or sub-licensees (collectively, the “Company”), or by
otherwise signing up a subscriber, a member or a trial member of any of the GuySpy Services, or by consenting to
receive communications from GuySpy and its authorized representatives, you are explicitly agreeing to all of the
terms and conditions of this Agreement. Subscribers, customers, users, and others who access, download, use,
purchase and/or subscribe to the GuySpy Services (collectively or individually “You” or “Users”) hereby agree as
follows:

BEFORE USING ANY GUYSPY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS
OF SERVICE. BY ACCESSING, BROWSING, DOWNLOADING, AND/OR USING THE GUYSPY SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND
DISCLOSURES SET FORTH IN THIS DOCUMENT., ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY
FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE “AGREEMENT”),
WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE
USING THE GUYSPY SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE COMPANY.

1. ELIGIBILITY

1.1 THE GUYSPY SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 18 YEARS OR OLDER. NO PERSONS UNDER
THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE
GUYSPY SERVICES.
1.2 By accessing, downloading, or using the GuySpy Services, you represent and warrant to the Company that
you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this Agreement

2. RIGHT OF USE

2.1 Your right to use the GuySpy Services is subject to any limitations, conditions, and restrictions established
by the Company from time to time, in the Company’s sole discretion. The Company may alter, suspend
or discontinue any aspect of the GuySpy Services at any time, including the availability of any feature,
database, or content. The Company may also impose limits on certain features and aspects of the GuySpy
Services or restrict your access to parts or all of the GuySpy Services without notice or liability.

3. IMPORTANT DISCLAIMERS

3.1 THE GUYSPY SERVICES ARE INTENDED ONLY FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED
ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED
IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR
ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE
GUYSPY SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
PROPERTY DAMAGE. AS WITH ALL MOBILE DEVICE OR APPLICATION USAGE, YOU ARE RESPONSIBLE TO
ENSURE THAT YOUR USEAGE DOES NOT COMPROMISE YOUR PERSONAL SAFETY AND WELL-BEING. THE
APPLICATION OF COMMON SENSE BY THE USER IS PARAMOUNT.
1.2 YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE GUYSPY SERVICES AND
ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE

WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT
A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE
WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE
ABLE TO PROVIDE THE GUYSPY SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT
THESE LIMITATIONS AND DISCLAIMERS.

4. PRIVACY AND USE OF INFORMATION

4.1 By using the GuySpy Services, you have agreed to the terms of the Company’s privacy policy, which are
available at: Privacy Policy. You acknowledge that:

(a) the Company cannot ensure the security or privacy of information you provide through the use
of the GuySpy Services, including through the use of the Internet and email, and you agree to
release the Company from any and all liability in connection with the use of such information by
other parties;

(b) the Company is not responsible for, and cannot control, the use by others of any information
which you provide while using the GuySpy Services and you should use caution in selecting the
personal information you provide to others through the GuySpy Services;

(c) some users of the GuySpy Services may, without authority and in contravention of this
agreement, make recordings of you and/or any information that you may provide, and you agree
to release the Company from any and all liability in connection with the use of any such
recordings by other parties; and

(d) the Company cannot assume any responsibility for the content posted by other users of the
GuySpy Services, and you further agree to release the Company from any and all liability in
connection with the content of any communications you may receive or view from other users.

5. MODIFICATION OF THIS AGREEMENT

5.1 We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or
of any policies at any time. Please check this Agreement and all policies periodically for changes. Your
continued use of the GuySpy Services after the posting of any modifications or changes constitutes your
binding acceptance of such changes. Please note that additional and/or different conditions and terms of
use may apply to services or products provided through one or more of our partners, advertisers, or
business associates, and you should refer to those before using such services or products. For any
material changes to this Agreement or any policies, you acknowledge and agree that any such amended
or modified terms shall automatically be effective immediately after they are initially posted on GuySpy
Services’ home page.

6. AUTHORIZATION TO COMMUNICATE AND CONTACT, NOTICE OF CARRIER CHARGES

6.1 By downloading and using the GuySpy Services, you are explicitly agreeing to permit other users and the
Company to communicate with you by various means, including any email, voice, or mobile messaging,
enabled by your mobile device. This consent may be in place of, or in addition to, any specific opt-in
actions or consents required or which you may provide in respect of your consent to be contacted by the
Company or by other users.

6.2 You acknowledge and accept that the use of the GuySpy Services and the sharing of messages with other
users and the Company may result in charges, such as message and data rates as well as access charges,
being applied directly to your wireless account by your wireless telecommunication service provider
(“Carrier”) or may be deducted from your account. In addition to all other terms and conditions set out
herein, your dealings with any Carrier in connection with the GuySpy Services or any part thereof, are
solely between you and the Carrier. The Company shall not be responsible or liable for any part of any
such dealings.

7. OWNERSHIP; PROPRIETARY RIGHTS

7.1 The GuySpy Services are owned and operated by the Company. The GuySpy Software, as well as all other
aspects of the GuySpy Services and all associated content, visual interfaces, information, graphics, design,
compilation, computer code, products, software, and services, including, but not limited to, the mobile
device applications (collectively, the “Materials”) are protected by applicable international copyright,
trade, patent, and trademark laws and conventions, and all other relevant intellectual property and
proprietary right laws., All Materials contained in the GuySpy Services are the property of the Company
and/or third-party licensors. All trademarks, service marks, and trade names displayed on the GuySpy
Services are proprietary to the Company or its affiliates and/or third-party licensors. Except as expressly
authorized by the Company, you agree not to sell, license, distribute, copy, modify, publicly perform or
display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use
of the Materials.

8. USAGE RULES; PROHIBITED CONDUCT & USES

8.1 YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT
YOU WILL NOT:

(a) use the GuySpy Services or any location information displayed within the GuySpy Services
to “stalk”, harass, abuse, defame, threaten, or defraud other Users, or collect, attempt to collect,
or store location or personal information about other users;

(b) use the GuySpy Services if you are under the age of 18 years old;

(c) include offensive, objectionable, or pornographic materials in your GuySpy Services personal
profile page;

(d) use the GuySpy Services for any commercial use, it being understood that the GuySpy Services
are for personal, non-commercial use only;

(e) use the GuySpy Services for any illegal purpose, or in violation of any local, state, national, or
international law, including, without limitation, laws governing intellectual property and other
proprietary rights, data protection and privacy, and import or export control;

(f) make unsolicited offers, advertisements, proposals, or send junk messages, to other Users of
the GuySpy Services. This includes, but is not limited to, unsolicited advertising, promotional
materials or other solicitation material, bulk mailing of commercial advertising, chain mail,
informational announcements, charity requests, and petitions for signatures;

(g) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access
the GuySpy Services accounts of other Users;

(h) misrepresent the source, identity or content of information transmitted via the GuySpy Services;

(i) remove, circumvent, disable, damage, or otherwise interfere with security-related features of
the GuySpy Services, features that prevent or restrict use or copying of any content accessible
through the GuySpy Services, or features that enforce limitations on use of the GuySpy Services;

(j) intentionally interfere with or damage operation of the GuySpy Services or any user’s enjoyment
of them, by any means, including uploading or otherwise disseminating viruses, worms, or other
malicious code;

(k) post, record, store, send, transmit, or disseminate any information or material which a
reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic,
harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive,
or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

(l) record, reproduce, post or distribute any audio, visual or video communications between you
and another User, including any messages, pictures or recordings you obtained from the GuySpy
Services or your use of the GuySpy Services;

(m) post, store, send, transmit, or disseminate any information or material which infringes any
patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property
rights;

(n) use the GuySpy Services with any products, systems, or applications installed or otherwise
connected to or in communication with vehicles, or otherwise capable of vehicle navigation,
positioning, dispatch, real time route guidance, fleet management, or similar applications;

(o) use the GuySpy Services in connection with hazardous environments requiring fail-safe
performance or any application in which the failure or inaccuracy of that application or the
GuySpy Services could lead directly to death, personal injury, or severe physical or property
damage;

(p) attempt to gain unauthorized access to the GuySpy Services, or any part of it, other accounts,
computer systems or networks connected to the GuySpy Services, or any part of it, through
hacking, password mining or any other means or interfere or attempt to interfere with the
proper working of the GuySpy Services or any activities conducted on the Company Service;

(q) use any robot, spider, scraper or other automated means to access the GuySpy Services for any
purpose without our express written permission or bypass our robot exclusion headers or other
measures we may use to prevent or restrict access to the GuySpy Services or modify the GuySpy
Services in any manner or form, nor to use modified versions of the GuySpy Services, including
(without limitation) for the purpose of obtaining unauthorized access to the GuySpy Services.

9.

USER SUBMISSIONS

9.1 The GuySpy Services allow the submission of content and materials (such as photos, profiles, comments,
reviews, ratings, ideas, notes, concepts, location data or creative suggestions) by you and other users
(“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. You
acknowledge that what you submit as User Submissions will become available to the public. You shall be
solely responsible for your own User Submissions and the consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the
necessary licenses, rights, consents, and permissions to use, and authorize the Company to use, all
intellectual property and any other proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by the GuySpy Services and this
Agreement; and (ii) you have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User Submissions in the manner
contemplated by the GuySpy Services and this Agreement. For clarity, you shall retain all of your
ownership rights in your User Submissions, however, these rights will become shared with the company.

9.2 You understand that when using the GuySpy Services you will be exposed to User Submissions from
a variety of sources, and that The Company is not responsible for the accuracy, usefulness, safety,
or intellectual property rights of, or relating to, such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you
have or may have against The Company with respect thereto.

9.3 The Company assumes no responsibility whatsoever in connection with or arising from User Submissions.
The Company assumes no responsibility for actively monitoring User Submissions for inappropriate
content. If, at any time, the Company chooses, in its sole discretion, to monitor User Submissions, the
Company nonetheless assumes no responsibility for the content of the User Submissions, no obligation
to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the
User submitting User Submissions. Further, the Company does not endorse, and has no control over, the
content of User Submissions submitted by other Users. The Company makes no warranties, express or
implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.
Nonetheless, the Company reserves the right to prevent you from submitting User Submissions and to
edit, restrict, or remove User Submissions for any reason at any time.

9.4 User Submissions are jointly owned by the user who submitted them and the Company. User Submissions
cannot be shared, displayed, or duplicated by any other party other than the submitted user and the
Company, who shall have limited rights to display user submissions for marketing or promotional
purposes, to further the development and efficiency of GuySpy Services or in other ways provided such
user as consistent with this Agreement and our Privacy Policy obligations. No third party is permitted to
use these User Submissions without the written consent of both the user and GuySpy.

10. USAGE; REFUSAL OR SUSPENSION OF SERVICE

10.1 THE COMPANY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR
ALL OR PART OF THE USER SUBMISSIONS, REGISTRATION OR USAGE, AS WELL AS ANY USER’S USE OF,
OR ACCESS TO, THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, THE
COMPANY ALSO RESERVES THE RIGHT TO DISABLE ANY USER’S USE OF, OR ACCESS TO, THE GUYSPY
SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND
WITHOUT ANY NOTICE.

10.2 The Company does not control the content of User accounts and profiles and does not have any
obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for
all content and material that you provide to the GuySpy Services.

10.3 The GuySpy Services are used by a large number of users from a broad range of cultures and lifestyles,
some of which may differ significantly from your own. You understand that by using the GuySpy Services,
you may encounter content from other users that may offensive, indecent, or objectionable to your
personal views or standards and may include explicit or suggestive language.

10.4 PLEASE NOTE: THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

11. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

11.1 The GuySpy Services may include links to other sites or services solely as a convenience to Users. The
Company does not endorse any such linked sites or the information, material, products or services
contained on other linked sites or accessible through other linked sites. Furthermore, The Company
makes no express or implied warranties with regard to the information, material, products, or services
that are contained on or accessible through linked sites. Access and use of linked sites, including
information, material, products, and services on linked sites or available through linked sites is solely at
your own risk.
12.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or
through the GuySpy Services are solely between you and such advertiser. You agree that the Company
shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the GuySpy Services.

12. END USER LICENSES

12.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the GuySpy Services, you must have a device that
is compatible with the GuySpy Services. The Company does not warrant that the GuySpy Services will be
compatible with your mobile device.

12.2 License Grant. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use
a compiled code copy of the GuySpy Services.

12.3 Restrictions. You may not: (i) modify, disassemble, decompile, or reverse engineer the GuySpy Services,
except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell,
sublicense, distribute, or otherwise transfer the GuySpy Services to any third party, or use the GuySpy
Services to provide time sharing or similar services for any third party; (iii) make any copies of the
GuySpy Services; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related
features of the GuySpy Services, features that prevent or restrict use or copying of any content
accessible through the GuySpy Services, or features that enforce limitations on use of the GuySpy
Services; or (v) delete the copyright and other proprietary rights notices on the GuySpy Services.

12.4 Software Upgrades. You acknowledge that the Company may from time to time issue upgraded versions
of the GuySpy Services, and may automatically electronically upgrade the version of the GuySpy
Services that you are using on your mobile device. You consent to such automatic upgrading on your
mobile device, and agree that the terms and conditions of this Agreement will apply to all such
upgrades.

12.5 Open Source. With respect to any open source or third-party code that may be incorporated in the
GuySpy Services, such open source code is covered by the applicable open source or third-party license
EULA, if any, authorizing use of such code.

12.6 Rights Reserved. The foregoing license grant under this Agreement is not a sale of the GuySpy Services or
any copy thereof and the Company or its third party partners or suppliers retain all right, title, and
interest in the GuySpy Services (and any copy thereof). Any attempt by you to transfer any of the rights,
duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The
Company reserves all rights not expressly granted under this Agreement.

12.7 Trademarks, Service Marks, and Logos. The name of this website is a service mark of the Company. No use
of this mark shall be permitted except through the prior written authorization and permission of
Company. All rights reserved.

13. VIOLATIONS; TERMINATION

13.1 You agree that the GuySpy Services, in the good faith belief that you have violated any of the terms
and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you
have with the GuySpy Services or use of the GuySpy Services and remove and discard all or any part of
your account or any User Submission, at any time. You agree that any termination of your access to the
GuySpy Services or any account you may have or portion thereof may be effected without prior notice,
and you agree that the Company will not be liable to you or any third-party for any such termination.
The Company does not permit copyright infringing activities on the GuySpy Services, and reserves the
right to terminate access to the GuySpy Services, and remove all content submitted, by any persons
who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be
grounds for termination of your use of the Services may be referred to appropriate law enforcement
authorities. These remedies are in addition to any other remedies the Company may have at law or in
equity.

14. DISCLAIMERS; NO WARRANTIES

14.1 THE GUYSPY SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE
IN CONJUNCTION WITH OR THROUGH THE GUYSPY SERVICES ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GUYSPY, AND ITS SUPPLIERS AND PARTNERS,
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS.

14.2 THE COMPANY AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE GUYSPY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE GUYSPY SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14.3 GUYSPY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE GUYSPY
SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT THE COMPANY OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF
ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE GUYSPY SERVICES. YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF THE GUYSPY SERVICES AT YOUR OWN DISCRETION AND RISK.

14.4 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION; HOLD HARMLESS

15.1 You agree to indemnify, defend, and hold the Company, its affiliated companies, and its suppliers
and partners harmless from any and all claims, suits, actions, losses, costs, damages, and any other
liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of any location
information or the GuySpy Services generally, (b) any violation of the rights of any other person or
entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the GuySpy Services
to meet another User in-person or to locate and attend any offline place or event. The Company
reserves the right, at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us and you agree to cooperate with our defense of these claims.

16. LIMITATION OF LIABILITY AND DAMAGES

16.1 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, WILL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES,
AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR
RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION
INFORMATION; (B) YOUR USE OR INABILITY TO USE THE GUYSPY SERVICES; (C) THE GUYSPY SERVICES
GENERALLY OR THE COMPANY SOFTWARE OR SYSTEMS THAT MAKE THE GUYSPY SERVICES AVAILABLE;
OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE GUYSPY
SERVICES, EVEN IF THE COMPANY OR A THE COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY
SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT
AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.

16.2 IN NO EVENT SHALL GUYSPY’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS,
OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GUYSPY SERVICES
(WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WARRANTY, OR
OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE GUYSPY SERVICES DURING
THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND
DOLLARS, WHICHEVER IS GREATER.

16.3 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER
THAN THE COMPANY AND RECEIVED THROUGH OR ADVERTISED ON THE GUYSPY SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED ON THE GUYSPY SERVICES.

16.4 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
SUCH CASES, YOU AGREE THAT GUYSPY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.

17. MISCELLANEOUS

17.1 Governing Law. This Agreement is governed by and shall be construed in accordance with the Laws of the
State of Nevada, excluding any conflict-of-laws rule or principle that might refer the governance or
the construction of this agreement to the law of another jurisdiction.

17.2 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement and shall not
affect the validity and enforceability of any remaining provisions. A provision of this Agreement may
be waived only by a written instrument executed by the party entitled to the benefit of such
provision. The failure of any party at any time to require performance of any provision of this
Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver
of any breach of any provision of this Agreement shall not be construed as a continuing waiver of
other breaches of the same or other provisions of this Agreement.

17.3 Notices. The Company may provide you with notices, including those regarding changes to this
Agreement, through any appropriate channel consistent with the GuySpy Services.

17.4 Assignment. This Agreement and related policies and guidelines, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned or transferred by the
Company without restriction.

17.5 Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and
indemnification hereby survive any termination of this Agreement or any termination of your use of
or subscription to the GuySpy Services.

17.6 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not
constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions
hereof. This is the entire agreement between us relating to the subject matter herein and shall not be
modified except in writing, signed by both parties, or by a change to this Agreement or policies made
by The Company as set forth above.

17.7 Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GUYSPY SERVICES
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.

17.8 Disclosures. The services hereunder are offered by Stark Mobile Technologies, 176 E Jewett Blvd, Suite 185
White Salmon, WA 98672-0050
info@starkmobile.com

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE