Legal & Compliance

Definitions

• "NFC Capabilities" refers to the Near-Field Communication technology integrated within the Services, enabling short-range wireless communication for functionalities such as digital access.
• "Apple Wallet" refers to Apple Inc.'s proprietary mobile wallet platform, which stores digital passes and facilitates NFC-based interactions.
• "Google Wallet" refers to Google LLC's proprietary mobile wallet platform, which stores digital passes and facilitates NFC-based interactions.
• "Wallet Objects" refers to digital items such as digital keys, access passes, loyalty cards, coupons, or tickets, issued through the Services.
• "Third-Party Services" refers to services, platforms, or applications provided by entities other than Quext, including Apple Wallet and Google Wallet.
• "End-Users" refers to the ultimate individual users of the digital keys or passes issued through the Services (e.g., tenants, visitors, employees).
• "Quext Pay" means Quext Pay, LLC and any successor or affiliated payment processing services designated by Quext.

1. Services

We offer various Services. To subscribe to a Service, you must execute an Order Form and/or complete the online sign-up for that Service. You are only entitled to use the Services for which you have subscribed and paid, and your use of the Services is subject to your compliance with all applicable Terms of Use.

EDST, LLC. makes available Mobile Applications to allow for access to some of the Services via a user's Mobile Device. To use the Mobile Application, you must have a Mobile Device that is compatible with the mobile service provider. In order to use the Mobile Application, you must agree to Quext's End User License Agreement.

2. Expanding the Services

You may subscribe to additional Services, including any new value-added services made available by EDST, LLC. from time to time, or increase your existing subscription by executing an additional Order Form or completing an additional online sign-up flow.

3. Customer Support

Provided you have paid all fees owed by you for the Services to which you have subscribed, we will use commercially reasonable efforts to provide, at no charge to you, technical support services. Our standard support is available central time Monday through Friday from 8:30am to 6:30pm, Saturday from 10:00am to 6:30pm, and Sunday from 10:00am to 4:00pm, excluding major holidays. Contact: support@onequext.com.

4. Training

Provided you have paid all fees owed by you for the Services to which you have subscribed, we shall make available remote, live or recorded training sessions to your designated, named and authorized users, as well as provide tutorials which are accessible via the Help and Training section of our website at no additional charge.

5. Your Rights and Restrictions

5.1 License. Subject to (a) your timely payment of all fees and (b) your compliance with these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, limited right and license to use the Services solely for your internal business purposes (if a business) or personal purposes (if a resident).

5.2 Authorized Users. You (i) are responsible for your authorized users' compliance with these Terms of Use, and (ii) shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services.

5.3 Your Responsibilities and Restrictions. You are responsible for all activities that occur under your user accounts or by your authorized users. You may not:

• Disassemble, reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services
• License, sublicense, sell, rent, assign, distribute, or otherwise commercially exploit the Services
• Use the Services except as expressly authorized hereunder or in violation of any applicable laws
• Engage in any illegal or deceptive trade practices with respect to the Services
• Circumvent or disable any security or other technical features or measures of the Services
• Use the Services to transmit infringing, libelous, obscene, threatening, or otherwise unlawful material
• Interfere with or disrupt the integrity or performance of the Services

5.4 Reservation of Rights. No other rights are granted except as expressly set forth in these Terms of Use. EDST, LLC. owns all right, title and interest, including all intellectual property rights, in and to the Services and the underlying software.

6. Term and Termination

6.1 Term. The term of the Services varies depending on the Service(s) to which you have subscribed and shall be set forth on the Order Form, contract, or otherwise agreed to in the online sign-up flow you complete.

6.2 Termination. EDST, LLC. may terminate the Agreement immediately in the event of your material breach. Upon termination, you will immediately discontinue all use of the Services and destroy all our Confidential Information in your possession.

6.3 Handling of Your Data. Following expiration or termination of any of your subscriptions to the Services, we may immediately deactivate the affected Services and, following a reasonable period of not less than thirty (30) days, we may delete your account and data.

7. Fees

This section is only applicable if you are required to pay for access to the Services pursuant to a separate agreement with EDST, LLC. or your Landlord.

7.1 Service Fees. You shall pay the non-refundable fees for the Services in the amount set forth in the online sign-up flow or Order Form. Service Fees are non-refundable even if you terminate your subscription early.

7.2 Recurring Transactions. By opting for any service that involves recurring transactions, you authorize EDST, LLC. to automatically charge your designated payment method on a recurring basis, without further authorization from you, until you cancel the service.

7.3 Cancellation of Recurring Payments. You have the right to cancel your recurring subscription at any time. Your cancellation will take effect at the end of your current billing period. Unless expressly stated otherwise, payments are non-refundable.

8. Representations and Warranties

8.1 Mutual Representations. Each party hereby represents and warrants to the other that (i) it has all necessary authority to enter into and perform its obligations under these Terms of Use, (ii) all persons performing any obligations hereunder have entered into all necessary agreements, and (iii) it shall comply in all material respects with all laws applicable to the Services.

8.2 Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 8, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS AND YOUR USE OF SERVICES IS AT YOUR OWN RISK.

9. Confidential Information

Unless expressly authorized by the other party, neither party shall disclose to any third party any information or materials provided by the other party hereunder and reasonably understood to be confidential ("Confidential Information"). You SHALL keep in strict confidence all passwords and other access information to the Services.

10. Indemnification

10.1 Indemnification for Infringement. Subject to Section 10.4, EDST, LLC. shall, at our expense, defend, indemnify and hold you harmless against any third-party claim brought against you which alleges that the Services infringe any US patent issued to a third party as of the Effective Date or infringe any copyright, trademark or trade secret of any third party.

10.3 Your Indemnification. You agree to indemnify, defend, and hold us and all our employees, officers, directors and agents harmless from any and all claims arising out of or relating to (i) your use of the Services in violation of these Terms of Use, (ii) any actual or alleged breach by you of any representation or warranty under these Terms of Use, or (iii) your gross negligence or willful misconduct.

11. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EDST, LLC.'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT EXCEED THE SUM OF THE AMOUNTS PAID BY YOU FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EDST, LLC., ITS LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES.

12. Waiver and Indemnity

YOU AGREE TO WAIVE AND HOLD EDST, LLC., ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND THE LANDLORD HARMLESS FROM ANY CLAIMS YOU MAY HAVE ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM ANY INVESTIGATIONS UNDERTAKEN BY EITHER EDST, LLC. OR LAW ENFORCEMENT AUTHORITIES.

13. Personal Information and Privacy Statement

You will comply with all applicable privacy and other laws, rules, regulations and guidelines relating to protection, collection, use and distribution of Personally Identifiable Information of any person. "Personally Identifiable Information" means any information that can be associated with or traced to any individual, including an individual's name, address, telephone number, e-mail address, credit card information, social security number or other similar specific factual information.

14. Miscellaneous

14.4 Choice of Law. These Terms of Use and any dispute arising out of or relating to the Services shall be governed by and construed under the laws of the State of Texas, without regard to the principles of conflict of laws. All disputes arising out of or related to the Agreement shall be subject to the exclusive jurisdiction and venue of the Texas state and federal courts for Lubbock County, Texas.

14.5 Binding Arbitration; Class Action Waiver. Except as provided herein, any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA"). The parties agree that arbitration shall proceed solely on an individual basis. NEITHER YOU NOR EDST, LLC. MAY BRING ANY CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

1. Overview

EDST, LLC. uses and protects personal information as described in this Policy. For Residents, our customer ("Landlord") provides a data set that we use to identify you as a Resident and verify your right to access our Services. This data set may include information like your name, address, email, and possibly financial account information needed for payment processing. We use information collected from any of our Services for the operation, maintenance, and improvement of our Services, including responding to your queries and other communications.

2. Information That May Be Collected

Below is a summary of the information that we generally collect through our Services and Site. We only collect information that you or your Landlord provide to us or that is generated through your interaction with our Services.

• Identification Information: Your name, address, email, username, and other identifiers you provide to us (including for AI, such as Digital Human, interactions, as discussed below).
• Account Credentials: Password or other login credentials established by you.
• Service Use Information: Service-related information you submit for technical support or administrative needs, including photos.
• Financial Transaction Information: Payment information and account details if you utilize Quext Pay. Quext is PCI-DSS Compliant and implements encryption technologies.
• Device and Network Information: Information about your mobile device, browser, and network when accessing our Site or using our Apps.
• Mobile Location and Usage Data: Approximate location when using the mobile app; cookies and similar technologies to store information and track your preferences.
• Digital Human and AI Interactions: If you interact with our AI-driven product, Digital Human, we may record transcripts of these conversations, including any personal information you provide during the conversation.

3. How We Use Information

We may use information we collect from you for any of the following purposes:

• To provide, operate, and maintain our Services
• To deliver services within the Apps and Site and for authentication of users and network access
• To contact you regarding bills, payments, complaints, queries, and similar correspondence
• To meet legal, compliance, regulatory, auditing, and related requirements
• To identify and address bugs, errors, and performance issues
• To analyze aggregate usage trends and improve platform performance
• To protect the security of our users and Services

We do not sell personal information.

4. Disclosure and Sharing of Information

EDST, LLC. does not sell your PII to third parties. EDST, LLC. may share your PII under the following circumstances:

• Services Offered by Quext: To provide, maintain, and improve our Services, including sharing with your Landlord as required to manage your unit and with third parties whose services we need to meet your needs, such as payment processors.
• Aggregate, Anonymous Information: We may use and disclose to third parties aggregate, anonymous usage data.
• If Required by Law: In response to lawful requests by public authorities, including to meet law enforcement requirements, or if the disclosure is required by law.
• For Business Transfers: Your information may be transferred as part of any merger, acquisition, or bankruptcy proceeding.

5. Data Retention

We retain data only as long as necessary to fulfill business purposes, comply with legal obligations, and maintain operational security. EDST, LLC. retains PII of Residents for the life of their lease and as long thereafter as necessary to comply with any legal requirement or Landlord request. EDST, LLC. retains PII of Landlords for 5 years after their use of all EDST, LLC. products has ceased.

6. Security of Personal Information

We employ reasonable administrative, technical, physical and other safeguards designed to protect PII from unauthorized access, disclosure, alteration, loss, misuse, and destruction. We host and store the collected information on secure servers. Our development team undergoes security training and has implemented a formal change management process. We also maintain a SOC 2 Type II certification.

Nonetheless, transmission via the Internet is never completely secure or error-free. You acknowledge and accept these inherent risks of transmitting information over the Internet and agree that we are not responsible for any interception or interruption of any communications.

7. User Rights

You have the right to access, correct, and delete your PII. This request can be submitted by contacting us via the Contact Us section below. We will reasonably verify your identity before carrying out your requests. You also have the right to opt-out of marketing communications.

8. How to Manage Your Personal Information

You can access your information through the Quext app or Site. We maintain procedures in place allowing you to exercise the rights described below. If you would like us to correct or delete information you have provided to us, contact us via the Contacting Us section below. We will seek to honor these requests within a reasonable timeframe, or as required under applicable law.

9. Children's Privacy

Our Site and Services are not directed toward children. We do not knowingly collect PII from children under 13 years of age. If you are a parent or guardian and believe that a child under the age of 13 has provided us PII without your consent, please alert us by emailing support@onequext.com.

10. Privacy Notice for California Residents (CCPA/CPRA)

This California Consumer Privacy Policy disclosure applies only to California residents pursuant to the California Consumer Privacy Act ("CCPA"), as amended by the CPRA.

Categories of Personal Information Collected:

• Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
• Personal information categories listed in California Customer Records statute: Name, signature, Social Security number, physical characteristics, address, telephone number, passport number, driver's license, state identification card number, insurance policy number, education, employment, bank account number, credit card number, debit card number, or any other financial information.
• Commercial information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or similar network activity: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
• Geolocation data: Physical location or movements.
• Professional or employment-related information: Current or past job history or performance evaluations.

Your California Rights:

• Know what personal information is collected
• Request deletion of your PII
• Request correction of inaccurate PII
• Request disclosure of categories shared
• Opt out of sale or sharing (if applicable)

To exercise these rights, contact: support@onequext.com. We may verify identity before fulfilling requests.

Non-Discrimination. We will not discriminate against any person for exercising their rights under the CCPA or CPRA.

11. Privacy Notice for Texas Residents (TDPSA)

This Texas Resident Privacy Policy disclosure is provided pursuant to the Texas Data Privacy and Security Act ("TDPSA") and applies only to Texas residents.

Our Role as a Controller and Processor Under the TDPSA: As a technology vendor to apartment management companies, we operate as both a controller and a processor. This includes the processing of personal data through our AI-driven product, Digital Human, under stringent privacy and security measures. When we engage with you on behalf of a Landlord, your personal data will be processed pursuant to their privacy policy, not ours.

Your Texas Rights:

• Know what personal data is collected
• Request deletion of your personal data
• Request correction of inaccurate personal data
• Request disclosure of categories shared
• Appeal rights if we decline to take action on your request

To exercise these rights, contact: support@onequext.com.

12. Artificial Intelligence Specific Clauses

AI Data Processing and Privacy: Our AI-driven product, Digital Human, processes user interactions to facilitate leasing discussions. However, no personal data is used to train AI models or improve AI algorithms. All data processing is conducted in real-time and is not stored for future AI training purposes. The product uses information from actual leases to help prevent errors, based on the data provided by the Landlord.

Our automated lease completion product, Quext Go, processes personal information of users in order to complete lease applications. However, Quext Go uses minimal user information to perform necessary verification checks and complete lease applications based on Landlord criteria while proactively minimizing the exchange of sensitive information.

Disclaimers: While we strive to ensure that our AI-driven products provide accurate and helpful information, it is important to note that the responses are based on pre-programmed algorithms and data. EDST, LLC. disclaims any liability for decisions made based on interactions with Digital Human or Quext Go. Users should always verify critical information through direct communication with EDST, LLC. representatives and/or the Landlord.

13. Changes to this Policy

This Policy is current as of the Last Updated date set above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site.

14. Contacting Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at:

Email: support@onequext.com

Phone: (806) 993-3200

Address: EDST, LLC., 5214 68th St., Suite 201, Lubbock, TX 79424

Information We Collect

We collect the following categories of personal information:

• Identifiers: Name, email address, phone number, IP address, account name.
• Personal information categories listed in California Customer Records statute: Name, signature, Social Security number, physical characteristics, address, telephone number, passport number, driver's license, state identification card number, insurance policy number, education, employment, bank account number, credit card number, debit card number, or any other financial information.
• Commercial information: Records of products or services purchased, obtained, or considered.
• Internet or other electronic network activity: Browsing history, search history, information regarding interactions with our website or applications.
• Geolocation data: Physical location or movements.
• Professional or employment-related information: Current or past job history.
• Inferences: Drawn from any of the above to create a profile about a consumer.

Your California Rights

As a California resident, you have the following rights:

• Right to Know: You have the right to request that we disclose what personal information we collect, use, disclose, and sell.
• Right to Delete: You have the right to request the deletion of your personal information, subject to certain exceptions.
• Right to Correct: You have the right to request correction of inaccurate personal information.
• Right to Opt-Out: You have the right to opt-out of the sale or sharing of your personal information.
• Right to Limit Use of Sensitive Personal Information: You have the right to limit our use and disclosure of sensitive personal information.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.

How to Exercise Your Rights

To exercise your rights, you may submit a verifiable consumer request by:

• Emailing us at support@onequext.com
• Calling us at (806) 993-3200
• Mailing a request to: 5214 68th St., Suite 201, Lubbock, TX 79424

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. We will verify your identity before processing your request.

Do Not Sell or Share My Personal Information

EDST, LLC. does not sell personal information to third parties for monetary consideration. However, under the broad definition of "sale" or "share" under CCPA/CPRA, certain data sharing activities with advertising partners may qualify. To opt-out of such sharing, please contact us at support@onequext.com.

Data Controller

EDST, LLC. is the data controller responsible for your personal data. Our contact information is:

Email: support@onequext.com

Address: 5214 68th St., Suite 201, Lubbock, TX 79424

Legal Bases for Processing

We process personal data based on the following legal bases:

• Contract Performance: Processing necessary to fulfill our contractual obligations to you.
• Legitimate Interests: Processing for our legitimate business interests, provided these do not override your fundamental rights.
• Legal Obligation: Processing necessary to comply with applicable laws.
• Consent: Where you have provided explicit consent for specific processing activities.

Your GDPR Rights

As a data subject under GDPR, you have the following rights:

• Right of Access: The right to obtain confirmation as to whether your personal data is being processed and access to your personal data.
• Right to Rectification: The right to have inaccurate personal data corrected.
• Right to Erasure: The right to have your personal data deleted under certain circumstances.
• Right to Restriction: The right to restrict processing of your personal data under certain circumstances.
• Right to Data Portability: The right to receive your personal data in a structured, commonly used format.
• Right to Object: The right to object to processing based on legitimate interests or for direct marketing purposes.
• Right to Withdraw Consent: Where processing is based on consent, you may withdraw consent at any time.

International Data Transfers

Your personal data may be transferred to and processed in the United States. We implement appropriate safeguards for such transfers, including Standard Contractual Clauses approved by the European Commission.

Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements.

Supervisory Authority

You have the right to lodge a complaint with your local data protection supervisory authority if you believe your rights have been violated.

What Are Cookies?

Cookies are small text files that are placed on your device when you visit a website. They are widely used to make websites work more efficiently and to provide information to website owners.

Types of Cookies We Use

• Essential Cookies: These cookies are necessary for the website to function properly. They enable core functionality such as security, network management, and account access. You cannot opt out of these cookies.
• Performance Cookies: These cookies collect information about how visitors use our website, such as which pages are visited most often. This data helps us improve how the website works.
• Functional Cookies: These cookies allow the website to remember choices you make (such as your language preference) and provide enhanced, personalized features.
• Analytics Cookies: We use analytics cookies to understand how visitors interact with our website, helping us improve our services and user experience.

Third-Party Cookies

Some cookies are placed by third-party services that appear on our pages. We do not control these third-party cookies and recommend reviewing the privacy policies of these third parties.

Managing Cookies

Most web browsers allow you to manage your cookie preferences through browser settings. You can set your browser to refuse cookies or delete certain cookies. However, blocking some types of cookies may impact your experience on our website.

• Browser Settings: Adjust your browser settings to accept, reject, or delete cookies.
• Opt-Out Links: For certain analytics and advertising cookies, you may use opt-out mechanisms provided by the cookie provider.

Updates to This Policy

We may update this Cookie Policy from time to time. Any changes will be posted on this page with an updated revision date.

Our Commitment

We strive to ensure that our websites and applications are accessible to all users, including those with disabilities. Our goal is to provide a positive experience for all users and to meet or exceed the requirements of the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

Accessibility Features

We have implemented the following accessibility features:

• Semantic HTML structure for improved screen reader navigation
• Keyboard navigation support throughout our interfaces
• Alternative text for images and non-text content
• Sufficient color contrast ratios for text and visual elements
• Resizable text and responsive design for various screen sizes
• Clear and consistent navigation patterns
• Form labels and error messages for assistive technologies

Known Limitations

While we strive for comprehensive accessibility, some content may have limitations. We are actively working to identify and address these issues. If you encounter any accessibility barriers, please contact us.

Feedback

We welcome your feedback on the accessibility of our services. If you encounter any accessibility barriers or have suggestions for improvement, please contact us:

Email: support@onequext.com

Phone: (806) 993-3200

We aim to respond to accessibility feedback within 5 business days.

Third-Party Content

Our websites and applications may contain links to third-party websites or embed third-party content. We are not responsible for the accessibility of third-party content, but we encourage our partners to maintain accessible experiences.

1. Scope of License

The license granted to you for this Software by EDST, LLC. is a non-transferable, non-exclusive license to use the Software on a device that you own, access, or control, and as permitted by the usage rules set forth for your device (for example, the then-current Apple App Store Terms of Use or the Google Play Terms of Service). All rights not expressly granted to you by this EULA are hereby reserved by EDST, LLC.

2. Eligibility

By using the Software, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Software with the consent of your parent or legal guardian. If you are a parent or legal guardian of a Minor, you are liable for the Minor's use of the Software. Persons under the age of 13 are prohibited from using the Software.

3. Restricted Use

You may not rent, lease, lend, sell, redistribute, sublicense, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. Any attempt to do so, including any alteration of any proprietary notices, is a violation of the rights of EDST, LLC. and its licensors.

4. Updates

You acknowledge that EDST, LLC. may from time-to-time issue upgraded versions of the App and may automatically electronically upgrade the version of the App that you are using. You consent to such automatic upgrading and agree that this Agreement will apply to all such upgrades.

5. Third Party Terms

You must comply with all applicable third-party terms of agreement when using the Software. If you are using the Software on an Apple iOS device or on a Google Android device, you agree that Apple and Apple's subsidiaries and Google and Google's subsidiaries, are third party beneficiaries of this EULA.

6. Wireless Networks

You understand that devices used to access the Quext App may rely on wireless networks and that actual signal availability may depend on a combination of the third-party wireless network carriers and availability of and actions of roaming partners. EDST, LLC. is not responsible for interruption or limitation of the Quext App related to issues with wireless networks.

7. NFC-Enabled Access Control

The App may include Near Field Communication ("NFC") functionality that enables you to use a compatible mobile device as a digital credential to access doors, gates, elevators, parking, and other access-controlled points enabled by EDST, LLC. hardware ("NFC Access Control"). This feature operates through Apple Wallet on qualifying Apple iOS devices and Google Wallet on qualifying Android devices.

• Device and Platform Requirements. NFC Access Control requires a compatible NFC-enabled device and an active, supported version of Apple Wallet or Google Wallet, as applicable. EDST, LLC. does not warrant availability or uninterrupted performance of NFC features across all device models, hardware configurations, or operating system versions.
• Third-Party Platform Terms. Your use of Apple Wallet or Google Wallet in connection with NFC Access Control is subject to the terms and conditions of Apple Inc. and Google LLC, respectively.
• Digital Credential Security. NFC access credentials provisioned through the App are associated with your Quext account and are subject to your account security controls. You are solely responsible for the security of your device and any digital credentials stored therein. You must immediately notify your property administrator and Quext at support@onequext.com if your device is lost, stolen, or otherwise compromised.

8. Intellectual Property Rights

You acknowledge and agree that EDST, LLC. and its licensors owns all legal right, title, and interest in and to the App and all content, software, graphics, and other materials created by or for Quext that are available on or through the App, including any and all intellectual property rights that exist therein. This EULA does not grant you any right, title, or interest in any intellectual property of EDST, LLC. and its licensors.

9. Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EDST, LLC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY.

To the maximum extent permitted by applicable law, in no event shall EDST, LLC.'s total liability to you for all damages exceed the amount of fifty ($50) dollars.

10. Indemnification

YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EDST, LLC. AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES INCURRED BY US IN CONNECTION WITH ANY CLAIMS ARISING OUT OF THE USE OF THE SOFTWARE BY YOU AND/OR ANY OF YOUR ADDITIONAL USERS INCLUDING: (I) MISUSE OF THE SOFTWARE; (II) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS; (III) BREACH OF ANY PROVISION OF THIS EULA; (IV) IMPROPER ACCOUNT ACCESS OR ACTIVITY DUE TO FAILURE TO PROTECT LOG-IN CREDENTIALS; AND (V) ANY CAUSE OF ACTION BY ANY OF YOUR ADDITIONAL USERS.

11. Product Claims

You acknowledge and agree that EDST, LLC., and not Apple (if you downloaded the Software to an Apple iOS device) or Google (if you downloaded the Software to a device with the Android operating system), is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of that Software.

12. Export

You expressly agree to comply with applicable US export and import laws and regulations. Neither shall you permit your Additional Users to access or use the Software in violation of any U.S. export embargo, prohibition or restriction.

13. Termination

The license is effective until properly terminated by you, the owner, purchaser and/or controller of the Quext product(s), or Quext. Your rights under this license will terminate automatically without notice from EDST, LLC. if you fail to comply with any term(s) of this EULA or the Quext Terms of Use. Upon termination of the license, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.

14. Miscellaneous

You agree that your rights and obligations under this EULA are not assignable. We may freely assign our rights and obligations under this EULA in our sole discretion, without notice to you.

STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR INTERNET AND/OR MOBILE PHONE CARRIER.

15. Data Security

EDST, LLC. maintains a formal information security program designed to protect the confidentiality, integrity, and availability of data processed through the Software ("Security Program"). The Security Program includes administrative, physical, and technical safeguards commensurate with the sensitivity of the data processed and is being developed in alignment with the Trust Services Criteria established by the American Institute of Certified Public Accountants (AICPA) in connection with EDST, LLC.'s ongoing SOC 2 Type II audit.

EDST, LLC. implements controls including, without limitation, access management, encryption in transit and at rest, logging and monitoring, vulnerability management, and security incident response procedures. Notwithstanding the foregoing, no security measure is infallible. EDST, LLC. cannot guarantee the absolute security of your data.

16. Dispute Resolution

The terms of this section entitled "Dispute Resolution" will apply to all disputes that may arise out of, are connected with or relate to this EULA or the Software. Except as provided below, if the dispute is not resolved through the informal process, the dispute shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Lubbock County, Texas, or, at your election, by telephone or videoconference.

You and EDST, LLC. agree that any arbitration shall be conducted only on an individual basis and not as a class, consolidated, or representative action. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

The validity, interpretation and performance of this EULA shall be governed by and construed in accordance with the laws of Texas, without regard to the principles of conflict of laws. All disputes arising out of or related to the EULA shall be subject to the exclusive jurisdiction and venue of the Texas state and federal courts of Lubbock County, Texas.

17. Maintenance and Support

Please contact us at the information below for customer support. EDST, LLC. is solely responsible for providing maintenance and support services for the Software. Third party operating system providers such as Apple and Google have no obligation to provide maintenance or support services for the Software.

18. Contact Information

If you have questions, complaints or claims with respect to the Software, you can contact us at:

Email: support@onequext.com

Phone: (806) 993-3200

Address: EDST, LLC., Attention: Product Team (EULA), 5214 68th St., Suite 201, Lubbock, TX 79424

Our AI Principles

• Transparency: We strive to be transparent about when and how AI is used in our products and services.
• Fairness: We design our AI systems to minimize bias and promote equitable outcomes for all users.
• Privacy: We protect user privacy and ensure AI systems process data in accordance with our Privacy Policy and applicable laws.
• Security: We implement robust security measures to protect AI systems and the data they process.
• Human Oversight: We maintain meaningful human oversight of AI decision-making processes.
• Accountability: We take responsibility for our AI systems and their impacts.

AI-Powered Products

Digital Human: Our AI-driven product, Digital Human, processes user interactions to facilitate leasing discussions. No personal data is used to train AI models or improve AI algorithms. All data processing is conducted in real-time and is not stored for future AI training purposes. The product uses information from actual leases to help prevent errors, based on the data provided by the Landlord.

Quext Go: Our automated lease completion product, Quext Go, processes personal information of users in order to complete lease applications. Quext Go uses minimal user information to perform necessary verification checks and complete lease applications based on Landlord criteria while proactively minimizing the exchange of sensitive information.

Data Usage in AI

Our AI systems process data in accordance with the following principles:

• Personal data is processed only as necessary to provide the requested service
• We do not use customer data to train general AI models without explicit consent
• Data processing is conducted in compliance with applicable privacy laws including CCPA and GDPR
• We implement data minimization practices in AI processing

AI Limitations and Disclaimers

While we strive to ensure that our AI-driven products provide accurate and helpful information, it is important to note that AI responses are based on algorithms and available data. EDST, LLC. disclaims any liability for decisions made based solely on interactions with AI systems including Digital Human or Quext Go.

Users should always verify critical information through direct communication with EDST, LLC. representatives and/or the Landlord. AI-generated content should not be considered legal, financial, or professional advice.

Continuous Improvement

We are committed to continuously improving our AI systems and practices. This includes regular review of AI outputs for quality and fairness, updating our AI governance frameworks, and incorporating user feedback into system improvements.

Contact Us

If you have questions or concerns about our AI practices, please contact us:

Email: support@onequext.com

Phone: (806) 993-3200