End User License Agreement

1.1 Grant of License

Subject to your compliance with this EULA and payment of all applicable fees, CreatoRain grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software solely for your internal business purposes in connection with managing restaurant influencer marketing campaigns through the CreatoRain platform.

1.2 Scope of License

This license permits you to:

• Access the CreatoRain platform through supported web browsers and mobile applications
• Use the influencer discovery, campaign management, analytics, and reporting features of the platform in accordance with your subscription plan
• Create and manage user accounts for authorized employees or agents within the limits of your subscription tier
• Export data and reports generated through your use of the platform in the formats provided by the Software
• Integrate the Software with third-party services through CreatoRain's documented APIs, subject to the applicable API usage terms

1.3 License Limitations

This license is limited to the subscription plan you have purchased and is subject to the usage limits, user seat restrictions, and feature availability defined in your subscription terms. CreatoRain reserves the right to monitor usage to ensure compliance with these limitations.

3.1 Ownership

The Software, including all code, databases, algorithms, user interfaces, designs, text, graphics, logos, icons, images, audio clips, and other content and materials included in or generated by the Software, is the exclusive property of CreatoRain and its licensors. The Software is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and international jurisdictions.

3.2 No Transfer of Ownership

This EULA does not grant you any ownership rights in the Software. All rights not expressly granted to you in this EULA are reserved by CreatoRain. No implied licenses are granted under this Agreement.

3.3 Trademarks

"CreatoRain," the CreatoRain logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Midwest AI Solution Inc. or its affiliates. You may not use such marks without the prior written permission of CreatoRain, except as reasonably necessary to identify CreatoRain as the provider of the Software in your ordinary course of business.

3.4 Feedback

If you provide CreatoRain with any feedback, suggestions, ideas, or recommendations regarding the Software ("Feedback"), you hereby assign to CreatoRain all right, title, and interest in and to the Feedback. CreatoRain is free to use, reproduce, modify, and incorporate the Feedback into the Software or other products and services without any obligation or compensation to you.

4.1 Your Content

You retain ownership of all content, data, and materials that you upload, submit, or transmit through the Software ("User Content"), including campaign briefs, brand assets, creative guidelines, and business information. By submitting User Content to the platform, you grant CreatoRain a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Services.

4.2 Influencer Content

Content created by influencers as part of campaigns managed through the platform ("Influencer Content") is subject to the content licensing terms specified in the applicable campaign agreement between the restaurant and the influencer. CreatoRain does not claim ownership of Influencer Content but may display, cache, or store Influencer Content as necessary to deliver the Services.

4.3 Responsibility for Content

You are solely responsible for the accuracy, legality, and appropriateness of all User Content you submit. CreatoRain does not endorse, verify, or assume responsibility for any User Content or Influencer Content and is not liable for any claims arising from such content.

5.1 Third-Party Software

The Software may include or integrate with third-party software components, libraries, APIs, and services ("Third-Party Components"). These Third-Party Components may be subject to separate license terms provided by their respective licensors. CreatoRain will make reasonable efforts to identify material Third-Party Components and their applicable licenses.

5.2 Third-Party Services

The Software integrates with third-party services including but not limited to social media platforms (Instagram, TikTok, YouTube, Facebook), payment processors, analytics providers, and cloud infrastructure services. Your use of these third-party services is governed by their respective terms of service and privacy policies. CreatoRain is not responsible for the availability, accuracy, or performance of third-party services.

5.3 Open Source Components

Certain components of the Software may be subject to open source licenses. To the extent that open source license terms conflict with the terms of this EULA, the open source license terms shall govern with respect to those specific components. A list of open source components and their licenses is available upon request by emailing legal@creatorain.com.

6.1 Termination by You

You may terminate this EULA at any time by cancelling your CreatoRain subscription and ceasing all use of the Software. Cancellation procedures are described in our Refund & Cancellation Policy.

6.2 Termination by CreatoRain

CreatoRain may terminate or suspend this EULA and your access to the Software immediately, without prior notice or liability, if:

• You breach any material term of this EULA, the Client Agreement, or the Acceptable Use Policy
• You fail to pay applicable fees when due and do not cure the non-payment within fifteen (15) days of written notice
• Your use of the Software poses a security risk to CreatoRain, other users, or third parties
• CreatoRain is required to do so by law, regulation, or court order
• CreatoRain discontinues the Software or the Services (with reasonable prior notice to affected users)

6.3 Effect of Termination

Upon termination of this EULA:

• Your license to use the Software is immediately revoked
• You must cease all use of the Software and destroy any copies in your possession
• CreatoRain may delete your account data in accordance with the data retention provisions in our Privacy Policy and Refund & Cancellation Policy
• Sections 2, 3, 7, 8, and 9 of this EULA shall survive termination
• Termination does not relieve you of any obligation to pay fees accrued prior to termination

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATORAIN, ITS PARENT COMPANY MIDWEST AI SOLUTION INC., OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF CREATORAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREATORAIN'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CREATORAIN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8.3 Essential Purpose

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 8 APPLY EVEN IF ANY REMEDY PROVIDED UNDER THIS EULA FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9.1 Governing Law

This EULA and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflict of laws principles.

9.2 Jurisdiction

You agree that any legal action or proceeding arising out of or related to this EULA shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, USA. You consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

9.3 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting CreatoRain at legal@creatorain.com. CreatoRain will attempt to resolve the dispute informally within sixty (60) days. If the dispute is not resolved within that period, either party may proceed with formal legal remedies.

10.1 Entire Agreement

This EULA, together with the Client Agreement, Privacy Policy, and any applicable subscription terms or order forms, constitutes the entire agreement between you and CreatoRain with respect to the Software and supersedes all prior or contemporaneous understandings or agreements regarding the subject matter hereof.

10.2 Amendments

CreatoRain may update this EULA from time to time. We will notify you of material changes by posting the updated EULA on our website and, where practicable, by sending an email to the address associated with your account. Your continued use of the Software after the effective date of any changes constitutes your acceptance of the updated EULA.

10.3 Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

10.4 Waiver

The failure of CreatoRain to enforce any right or provision of this EULA shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by CreatoRain to be effective.

10.5 Assignment

You may not assign or transfer this EULA or any rights or obligations hereunder without CreatoRain's prior written consent. CreatoRain may assign this EULA without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.