Indatus Terms and Conditions of Service

The recipient of services described in an Indatus (defined below) Order Form and/or invoice (hereinafter referred to as “Client”), agrees with RP Newco XV LLC (d/b/a Indatus) (hereinafter referred to as “Indatus”) that the following terms and conditions will apply to the services described therein (the “Services”) and that the price for such services set forth in the Order Form or invoice is correct. By continuing to receive the Services, the Client agrees to such pricing and to the terms and conditions set forth herein.

Client agrees to remit payment for the Service on a monthly basis due and payable in advance. In the event of nonpayment, Indatus may cease providing the Service until such time as all outstanding charges have been paid. Either party may terminate this contract by providing the other party 30 days’ written notice of cancellation. Any such cancellation notice sent to Indatus must be delivered via certified mail or via email at CNS@indatus.com.

Client agrees to indemnify Indatus for all costs or expenses incurred (including court costs and attorney’s fees) in connection with the collection of amounts payable under this contract or arising out of any third-party claims relating to Client’s use of the Service.

The Service is provided on an “as is” basis without warranty of any kind, express or implied, including without limitation as to merchantability, fitness for a particular use or purpose, or non-infringement. Indatus is not responsible for any claims set forth by Client for reason of equipment failure resulting from any acts of God, communication line failure, power outages, natural disasters, or actions or decrees of governmental bodies. Due to the difficulties that may occur in the transmission of verbal messages via the telephone, no liability shall in any case be attached to Indatus and all such risks are assumed by Client. IN NO EVENT SHALL INDATUS’ AGGREGATE LIABILITY RELATING TO THE SERVICE EXCEED THE AMOUNT PAID BY CLIENT IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM. IN NO EVENT SHALL INDATUS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT INDATUS OR CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This contract may be assigned by Indatus and shall be governed and construed in accordance with the laws of the State of Texas. Each party agrees that any action brought in connection with this contract against another shall be filed and heard in a state or federal court located in Dallas County, Texas and each party hereby submits to the jurisdiction of such courts and waives any objection it may now or hereafter have as to the venue of any such action or proceeding brought in any such court, or that any such court is an inconvenient forum.

Indatus reserves the right to modify these Terms and Conditions of Service at any time, effective upon posting of an updated version at www.indatus.com/terms. Client is responsible for regularly reviewing these Terms and Conditions of Service, and Client’s continued use of the Service after any such changes shall constitute Client’s consent to such changes.