3Q DASH TECHNOLOX, INC.

Website and Delivery Management as a Service (DMaaS)
Terms of Use
Version 1.0, July 14, 2022

I. Definition of Terms

A. “DMaaS” refers to the Delivery Management as a Service platform and service, operated by 3Q Dash Technolox, Inc. (3Q). DMaaS is provided either through a Web application or a mobile application.

B. “User Acceptance Testing” (UAT) refers to the testing of the pre-release version of the DMaaS, whether in full or in part.

C. “Subscriber” refers to a person or entity who pays for access to services from the DMaaS or 3Q.

D. “Services” refers to services provided by 3Q to Subscribers, which include those services provided by the DMaaS, access to information and reports developed by 3Q, as well as customer support for such services.

E. “Account” refers to the specific access given to a Subscriber to the DMaaS by entering an email address and password.

F. “Transporters” refer to persons or entities that move goods from one place to another. Please also refer to “Subscriber.”

G. “System Administrator” refers to the DMaaS user who is responsible for the maintenance and upkeep, configuration and operation of the DMaaS.

H. “License” refers to the number of active drivers allowed by the DMaaS per account per day. One license will allow the subscriber to assign delivery orders to one driver per day.

I. “Website” refers to https://3qdash.com.ph/.

II. Acceptance of Terms

A. The services that 3Q provides to the Subscriber are subject to these Terms of Use (“TOU”). 3Q reserves the right to update and modify the TOU at any time without notice. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of the website. Whenever 3Q makes updates to the TOU, the date of the latest version will appear at the top of this page. By using the website or the DMaaS after new versions of the TOU have been posted, the Subscriber agrees to the terms of such new version.

B. If 3Q makes material changes to the TOU, 3Q may provide notification through 3Q services and/or notify the Subscriber directly. 3Q encourages the Subscriber to review the published TOU for updates each time the Subscriber uses 3Q Services.

C. By installing or using the Delivery Management as a Service (DMaaS) software product, the Subscriber hereby accepts and agrees to be bound by these TOU. If the Subscriber does not agree to any part of or the entire TOU, the Subscriber also agrees that he/it shall not install or use the DMaaS, whether in part or as a whole.

D. DMaaS Services are provided and offered for adults over the age of 18 only. If a person interested in becoming a Subscriber is under 18 and/or said person is not able to form legally binding contracts, such person should not use the DMaaS. By continuing to use the DMaaS, Subscriber confirms that he is 18 years old or older and is accessing and using the DMaaS lawfully.

III. Subscription License Grant

A. The TOU entitles and grants unto the Subscriber the license to install and use both the web and mobile applications of the DMaaS Software:

1. DMaaS – Web: the web-based version of the software application, which can be accessed by Transporters and System Administrators to manage delivery operations and their login-specific settings.

2. DMaaS – Mobile: the mobile phone version of the application, which is accessed by drivers to accomplish delivery tasks.

B. The number of licenses allowed will depend on the availed service subscription plan.

IV. Service

A. The Subscriber acknowledges and accepts that the scope and services of the DMaaS may be amended, updated, replaced and/or removed as DMaaS features are reviewed and developed further. Such changes may also lead to changes and inclusions in the subscription plans offered to subscribers. Subscribers shall be duly updated of such changes and amendments to features and services of their subscription plans.

B. 3Q reserves the right to adjust subscription plan rates at any time at its sole discretion with immediate effect upon due notice of adjustments. Amended rates become applicable upon the Subscriber’s next Subscription purchase.

C. 3Q will provide its Services through the DMaaS based on the Subscription Plan entered by the Subscriber and will continue to be provided strictly subject to the Subscriber’s payment account being updated with no past due balances. Should the Subscriber’s payment account fail to be updated based on the registered Subscriber’s plan, 3Q may suspend certain services as the case may be.

D. 3Q may also suspend Services to the Subscriber under the following situations with no liability:

1. A recognized legal authority requires 3Q to do so.

2. 3Q believes there is reasonable risk to the company’s network infrastructure, the DMaaS or to other Subscribers.

3. There is documented proof that the Subscriber is violating the TOU.

4. In cases of suspected violations to the TOU, the Subscriber fails to cooperate on reasonable investigations to confirm such suspected violations.

5. There is reason to believe that there was an unauthorized access of the DMaaS through the Subscriber’s account.

E. 3Q provides reasonable security to the Subscriber’s account through the Subscriber’s User Account name and password. The Subscriber is solely responsible for maintaining the confidentiality of account access and for the use of the DMaaS, whether authorized by the Subscriber, its employees or any person who gains access to the DMaaS. 3Q will not be responsible for any unauthorized access to the Subscriber’s data or any unauthorized use of the Services under the Subscriber’s Subscription account for the DMaaS.

F. The Subscriber hereby indemnifies 3Q and holds 3Q free from all liability, costs, claims and expenses and damages whatsoever arising from the use of or access to the Subscriber’s data by any third party.

V. User Acceptance Testing (UAT)

3Q may request for participation in providing Services of DMaaS under User Acceptance Testing (“UAT”). Such services are subject to the following:

1. The DMaaS may be a pre-release version during UAT. As such, the Subscriber acknowledges that the version is not yet a final commercial release version, which may have features that may not function properly. The Subscriber further acknowledges the risk of operational failures attached to participating in a UAT.

2. The UAT version and the commercial release version of DMaaS may be substantially different, may not have the same functions and features, and may not run in the same way.

3. 3Q reserves the right to terminate the UAT at any time at its sole discretion.

4. Subscriber agrees to provide 3Q feedback about the user experience and operation of the UAT version of the DMaaS. The requested feedback will be provided in a form reasonably requested by 3Q.

5. Feedback and information provided may be used by 3Q for any purposes including but not limited to product development or improvement. Any feedback and comments to be released publicly for press and promotional activities will be subject to the Subscribers prior permission.

6. Information on the DMaaS and 3Q Services as well as the comments and feedback provided during a UAT is considered confidential information of 3Q. Intellectual property inherent in the information disclosed during a UAT and feedback gathered for product development and other uses shall be owned exclusively by 3Q.

7. Subscriber agrees not to be entitled to any compensation for downtime, performance degradation, loss or corruption of data or any other problems as a result in participating in the UAT. 3Q disclaims all warranties with respect to the UAT to the extent permitted by applicable law.

VI. Support

A. 3Q will provide support to the extent and with efforts deemed reasonable to respond to all requests in the event of a fault or disruption of Services. 3Q shall evaluate and investigate requests for support to the extent of its capabilities and may provide resolution, feedback and recommended actions based on its investigation.

B. Requests for support should be made to 3Q through the support contact details provided on the website or as provided by authorized representatives of 3Q.

C. 3Q will provide notice for all scheduled maintenance and/or downtime in advance and shall be entitled to undertake the said scheduled maintenance and/or downtime.

D. In cases deemed necessary, 3Q may undertake emergency maintenance and/or downtime without reasonable notice to the Subscriber.

VII. Restriction of Transfer

Without obtaining prior express written consent from 3Q, the Subscriber shall not assign his rights and obligations under the TOU, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the Subscriber’s rights to access and use the DMaaS.

VIII. Restriction of Use

A. The Subscriber may only use the DMaaS on any system as allowed by the Service Subscription Plan availed.

B. The Subscriber shall not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code of the DMaaS.

C. 3Q reserves the right to use the data gathered from the DMaaS for improvement of the system and Services, and whatever legal purposes it may serve.

IX. Restriction of Alteration

A. The Subscriber shall not modify the DMaaS or create any derivative work of the DMaaS or its accompanying documentation. Derivative works include but are not limited to translations.

B. The Subscriber shall not alter any files or libraries in any portion of the DMaaS.

X. Restriction on Copying

A. Subscriber shall not copy any part of the DMaaS, except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.

XI. Limited Software Product Warranty

A. From the start date of subscription or from the date that the DMaaS is successfully downloaded, as applicable, 3Q warrants that when properly installed and used under normal conditions, the DMaaS will perform substantially as claimed.

XII. Disclaimer of Warranties and Limitation of Liability

A. Unless otherwise explicitly agreed to in writing, 3Q makes no other warranties expressly or implied in fact or in law, including but not limited to any implied warranties of merchantability or fitness for a particular purpose other than as set forth in the TOU or in limited warranty documents provided with the DMaaS.

B. 3Q makes no warranty that operation of the DMaaS will be secure, error free, or free from interruption. Subscriber must determine whether the software product sufficiently meets its requirements for security and uninterruptability.

C. Under no circumstances shall 3Q, its directors, officers, employees or agents be liable to subscribers or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from the TOU or from the supply, furnishing, performance, installation, or use of the DMaaS, whether due to a breach of contract, breach of warranty, or the negligence of 3Q or any other party, even if 3Q is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits 3Q’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

XIII. Limitation of Remedies and Damages

A. The remedy of Subscriber for a breach of the TOU or any warranty included in the TOU is the correction of the DMaaS. Corrections to the DMaaS shall be solely at the discretion of 3Q.

B. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by 3Q to have been caused by Subscriber, its employees, third parties and any party except 3Q. All limited warranties on the DMaaS are granted only to Subscriber and are non- transferable.

C. The Subscriber agrees to hold 3Q free and harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of the TOU and or acts or omissions. This includes all claims arising from failure of the DMaaS due to any act of God, power cut, power surge, fire, flood, earthquake, storm, hurricane or other natural disasters, war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, or interruption or failure of electricity or other utilities, pandemic lockdowns or any other delay or failure caused by a third party.

XIV. Governing Law, Jurisdiction and Costs

The TOU shall be governed by the laws of the Republic of the Philippines.

XV. Severability

If any provision of the TOU shall be held to be invalid or unenforceable, the remainder of the TOU shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws

3Q DASH TECHNOLOX, INC. Privacy Notice
November 10, 2022

I. This section describes the information gathered by the systems and services of 3Q, which include, but may not be limited to the 3Q website, its application and survey forms, interviews, and meetings, its intended uses, and the Subscribers choices. 3Q respects the Subscriber’s privacy as well as all related third parties whose information may be collected by the company. 3Q encourages all users to read 3Q’s privacy policy and practices. II. Information Gathered A. DMaaS account registration information – Name, email address, phone numbers, company name, postal address, delivery information (such as locations and schedules) provided during account registration. Other information captured through the application and registration to the DMaaS include: i. Client Customer Information – Location, addresses, frequency, contact information ii. Vehicle Information – Vehicle make, year, model, color and license plate number and transportation method, iii. Location Information – driver locations and routes through the GPS and mobile cell tower connection functionality of the mobile device used by the driver. Such information is captured during on-duty hours of the driver. 3Q does not collect this information when the driver is not engaged in a delivery operation. iv. Driver Behavior – Driver trip times, locations, bearing, speed v. Mobile Device Information – IP address, device type, operating system, manufacturer, model number vi. Browser Usage Information – Operating system (OS), IP address, access times, browser type, language, websites before and after accessing the DMaaS B. Business Contact Information – Names, email addresses, phone numbers, company names, addresses and other profiling information collected during events, conferences, and business meetings C. Information from Partners – Information to help 3Q find potential customers, usage and other information used to enhance the service offering and subscriber benefits. III. Uses of the Information Gathered A. Communication – 3Q may send important notices (amendments, security alerts, updates, etc.) via contact information collected, and directly send messages, emails and make phone calls to answer queries and requests. B. Customer Support – 3Q may access your data to resolve support issues that may arise during use of the DMaaS. C. Improvement of Services – 3Q may access from the DMaaS to review and analyze your use of the DMaaS to improve our services and develop new products and services.

2 D. Engage in Data Services – 3Q may combine, compile and group data gathered from

its services to provide insights to its customers. 3Q shall ensure that such activities remain compliant to Republic Act 10173 or the Data Privacy Act of 2012. E. Market 3Q Services – 3Q may use your information to market products and services, especially to make known new features and services. F. Advertisements – In-app advertisements are currently not allowed in the DMaaS Mobile app. G. Store Data – Data is stored on servers hosted by Amazon Web Services (AWS). Appropriate measures have been implemented to secure your stored data. H. Marketing and Advertising – Consent will be obtained prior to any sharing of information to any third parties or advertisers.’ I. Outsourced Software – 3Q may provide information to third parties to allow the company to perform its business activities. Third parties may only use the information provided to perform the services on 3Q’s behalf. J. Legal Purposes – 3Q may disclose information when disclosure is necessary to comply with any applicable laws, legal process, or enforceable government request. 3Q may also access information in the event of a reasonable investigation on possible and potential violations to the Terms of Use. IV. Security A. 3Q uses reasonable physical, technical and administrative safeguards to protect information gathered from unauthorized use, access, loss, misuse, alteration or destruction. 3Q also requires third party providers acting on behalf of the company or with whom we share your information also provide appropriate security measures in accordance with industry safeguards. Notwithstanding the security safeguards in place, it is impossible to guarantee absolute security at all times. B. Certain third-party services, websites, or applications you use or navigate to and from the 3Q Website and DMaaS may have separate user terms and privacy policies that are independent of this policy. 3Q will not be responsible for the privacy practices of these third-party applications.