Merge Group Global Privacy Policy Please note that this privacy statement will be updated from time to time. Thank you for selecting the Services offered by Merge Group. and/or its subsidiaries and affiliates (referred to as ” Merge Group “, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Merge Group. By accepting electronically (for example, clicking “I Agree”), installing, accessing, or using our Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

By accessing and using this site or any Merge Products and Services, you accept the following terms and conditions, without limitation or qualification. Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Merge Group. All trademarks used or referred to in this website are the property of their respective owners. This is a general guide for our terms of service and any consulting, management, and software development services provided by Merge Group. The following paragraphs outline the default parameters of all service offerings and intellectual property as they are mutually understood by anyone transacting with Merge Group.

Merge Group reserves the right to deliver on software development and related services if a client is unwilling or unable to follow the necessary business process or pay the required fees. Merge Group reserves the right to refuse the provision of services for legal tender if Merge Group is not interested in the project, product, or client, for any reason.

We pride ourselves in accurately assessing project requirements and the primary objectives of our clients, furthermore, we strive to build good relationships with our clients and partners with mutual respect and trust.

By consulting with Merge Group or making use of any of our services, you acknowledge that building custom software requires cooperation from different parties and you acknowledge that effective communication and feedback are necessary when building great software and maintaining healthy working relationships.

You acknowledge that while Merge Group works to predict and manage project scope and resources as cost-effectively and accurately as possible; project requirements, scope, and resources are subject to change throughout the development life cycle as unknown challenges and technicalities may arise.

Should project costs change due to changes in scope, unseen technicalities, or client requests; further payments may be necessary to complete development. By consulting with Merge Group or making use of our services you acknowledge our basic terms of service and our fees which are subject to change dependent on the resources required to execute on the project scope and client requests.

1. Objective

Merge Group frequently builds intellectual property that is not our own and we take both our own and our client’s privacy and intellectual property seriously. We require clients to adhere to business formalities and provide contractual agreements to clarify all important details relating to business relationships, service offerings, and their intellectual property rights. The goal of this Agreement is to obtain a mutual understanding of technology consulting and software engineering service provision between Merge Group and anyone rendering our services.

2. Service “Offering”

The following detailed service parameters are the responsibility of Merge Group in the ongoing support of this Agreement.The following Products/Services are covered by Merge Group:

• Software Management

• Cloud Services

• Technical Support

• Data Management

• Digital Consulting

• Software Application Development

• Product Licencing

3. Client responsibilities and/or requirements in support of Merge Group terms of service:

Payment for all development costs at specified intervals. Payment for all management, hosting, and support costs as per project requirements. Reasonable communication around payment, business formalities, software development, and changes beyond the project scope. Adhere and comply with Merge Group’s formalities when it comes to intellectual property agreements and Service usage. Ensure respect and punctuality in terms of project timelines and meeting requests. Agree that all supporting legal and/or project documents are an extension of this agreement and carry weight in our ability to build effective relationships.

4. Our responsibilities in support of our basic service level agreement:

Provide clear reference to services provided by Merge Group. Present a clear, concise, and measurable description of service provision to the customer. Manage perceptions of expected service provision with service support and delivery. Ensure respect and punctuality in terms of project timelines and meeting requests.

5. Assumptions related to software development, in-scope services and/or components include:

Changes to services and intellectual property beyond this agreement will be communicated and documented in a formal written agreement between all stakeholders when bespoke software is being developed. In the case of partnerships, discounted rates, equity, and profit-sharing agreements: If a Service Level Agreement and Proprietary Rights Agreement has not been agreed on in a formal written contract the software or product being developed by Merge Group or any of our consultants are by default the intellectual property of Merge Group (Pty) Ltd without exception. These terms of service are valid until superseded by a legally binding and formal written contractual agreement mutually endorsed by Merge Group and the relevant stakeholders.

6. We’re committed to keeping your data safe

When you use one of our offerings, you trust us with your personal and professional financial information. We help safeguard that data and protect your privacy by using industry-leading technology and practices..

7. Your Right to Privacy

We use the data you share with us to help you reach your financial goals while giving you choices on how we collect and share it. You also have the power to download, update, and delete your data right from your applications without having to call or email us. Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Merge Group or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Merge Group, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Merge Group. Links on this site may lead to services or sites not operated by Merge Group. No judgment or warranty is made with respect to such other services or sites and Merge Group takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk. This site and its contents are provided “as is” and Merge Group makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. Merge Group expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will either Merge Group or its third-party service providers be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof. Merge Group maintains this site in Durban, South Africa and you agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of South Africa without reference to its choice of law rules. If you attempt to bring any legal proceedings against Merge Group, you specifically acknowledge that Merge Group is free to choose the jurisdiction of our preference as to where such action against us may be held. We can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site. You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.

Merge Group does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Merge Group cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions to Merge Group through this website. Any ideas disclosed to Merge Group outside a pre-existing and documented confidential business relationship are not confidential and Merge Group may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. Merge Group will make every reasonable effort to return or destroy any unauthorized idea submissions without a detailed review of them. However, if a review is necessary in Merge Group’s sole discretion, it will be with the understanding that Merge Group assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Merge Group through this website or domain, you agree to be bound by the terms of this stated policy.

8. Additional Terms of Service

1. Agreement This Agreement describes the terms governing your use of the Merge online services provided to you on this website and via our consulting and custom development service offering, including products, content, updates and new releases, (collectively, the “Services”). It includes by reference: Merge’s Privacy Statement is provided to you in the Services available on the website or provided to you otherwise. Additional Terms and Conditions, which may include those from third parties. Any terms provided separately to you for the Services, including project, product or program terms, ordering, activation, payment terms, etc.

Additional Terms of Service

1. Agreement

This Agreement describes the terms governing your use of the Merge online services provided to you on this website and via our consulting and custom development service offering, including products, content, updates and new releases, (collectively, the “Services”). It includes by reference:

Merge’s Privacy Statement is provided to you in the Services available on the website or provided to you otherwise. Additional Terms and Conditions, which may include those from third parties. Any terms provided separately to you for the Services, including project, product or program terms, ordering, activation, payment terms, etc.

2. Your Rights To Use The Services

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Merge Group. Merge reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Merge grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

Provide access to or give any part of the Services to any third party. Reproduce, modify, copy, deconstruct, sell, trade or resell the Services. Make the Services available on any file-sharing or application hosting service. 3. Payment. For Services offered on a payment or subscription basis, the following terms apply, unless Merge or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

Payments will be billed to you in R.S.A., Rands, and your account will be debited when you subscribe and provide your payment information unless stated otherwise in the program ordering or payment terms on the website for the Services. You must pay with one of the following:

A valid credit card acceptable to Merge; A valid debit card acceptable to Merge; Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or 4. By another payment option Merge provides to you in writing. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. Merge will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are canceled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. Use With Your Mobile Device

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

MERGE GROUP MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. Your Personal Information. You can view Merge’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Merge Privacy Statement, and any changes published by Merge. You agree that Merge Group may use and maintain your data according to the Merge Group Privacy Statement, as part of the Services. You give Merge Group permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Merge services. For example, this means that Merge may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Merge is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

6. Content

6.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. You grant Merge a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Merge is not responsible for the Content or data you submit through the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law; Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy; Except as permitted by Merge in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; Virus, trojan horse, worm or other disruptive or harmful software or data; and Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners. 6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Merge does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Merge is not responsible.

6.3 Merge may freely use feedback you provide. You agree that Merge may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Merge a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Merge in any way.

6.4 Merge may monitor your Content. Merge may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Merge or its customers, or operate the Services properly. Merge, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7. Additional Terms

7.1 Merge does not give professional advice. Unless specifically included with the Services, Merge is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 We may tell you about other Merge services. You may be offered other services, products, or promotions by Merge (“Merge Services”). Additional terms and conditions and fees may apply. With some Merge Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Merge permission to use information about your business and experience to help us to provide the Merge Services to you and to enhance the Services. You grant Merge permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Merge permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications. Merge Group may be required by law to send you communications about the Services or Third Party Products. You agree that Merge may send these communications to you via email or by posting them on our websites

7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Merge if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

7.5 Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Merge Group may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Merge sending text messages containing security codes to your telephone number. You agree to receive these texts from Merge containing security codes as part of the MFA process. In addition, you agree that Merge may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.

8. Disclaimer of Warranties

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERGE GROUP, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. MERGE GROUP AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

8.2 MERGE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. Limitation of Liability and Indemnity. SUBJECT TO APPLICABLE LAW, MERGE, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MERGE GROUP SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF MERGE GROUP AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF MERGE GROUP, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Merge Group and its Affiliates and Suppliers harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Merge Group reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Merge Group in the defense of any Claims.

10. Changes. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

11. Termination. Merge Group may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Merge Group policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Merge Group’s rights to any payments due to it. Merge may terminate a free account at any time. Sections 2.2, 3 through 13 will survive and remain in effect even if the Agreement is terminated.

12. General. This Agreement, including the Additional Terms, is the entire agreement between you and Merge Group and replaces all prior understandings, communication, and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the written approval of Merge Group. However, Merge Group may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Merge or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Merge Group via an email to: [email protected].

Legal policies, trademarks, licenses, and more Patent Information Features and services within Merge Group (Pty) Ltd (“Merge” “Merge Africa”or “Merge Group”) products may be the subject matter of pending and issued patents assigned to Merge Group.

Trademark Information Merge Group, the Merge logo, Merge Africa, NTK8, OmniDesk, DashTech, Merge Cloud, and Merge Connect, among others, are registered trademarks and/or registered service marks of Merge Group, or one of its subsidiaries, in South Africa and other countries.

Copyright Information Merge Group’s products, services, web content, and related materials (collectively, “Offerings”) are owned by Merge Group and/or its licensors, and all rights in such Offerings are reserved by Merge and/or its licensors.

Designated Contact: Attn: Legal Department Merge Group Agent: [email protected]

Risk of Loss All items purchased and shipped from Merge are fulfilled pursuant to a shipment contract between Merge and our carriers. This means that both the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

Licensing For terms of service for standalone products and partnerships a formal written contract must be established and signed by all parties that clarifies partnership terms, intellectual property ownership, payment, and service terms, and this must comply with Merge Group’s legal and business process before ownership of intellectual property is transferred.

Licensing and Support For licensing and product support-related inquiries, please contact the merge support desk.

For questions related to any of our products and services, please contact support. Note: Not all consultants are Merge employees and their actions, opinions and positions do not necessarily represent those of Merge Group.

For questions related to the Merge Partnerships, please contact our developer support team via [email protected].

We’re committed to keeping your data safe When you use one of our offerings, you trust us with your personal and professional financial information. We help safeguard that data and protect your privacy by using industry-leading technology and practices.

We believe in your right to privacy We use the data you share with us to help you reach your financial goals while giving you choices on how we collect and share it. You also have the power to download, update, and delete your data right from your Merge Accounts without having to call or email us. In the case of testing, development or prototype (MVP) development you will need to request your data to be deleted.

We take security seriously We safeguard the information you share with us with some of the industry’s best practices.

Putting your data to good use We work to create innovative ways to put your data to use while protecting your privacy. The information you share with us through any of our offerings. Having your data in one place helps us do things like show you insights about your business, financial situation, operations, projects, etc.