1. ARTICLE 1 (DETAILS OF PROFESSIONAL SERVICES)

In these Terms of Use, the following services provided using the “MotivIQ” services provided by BEU, LLC (hereinafter, the “Company”), shall be collectively referred to as the “Services”:

1) Services related to individuals requested to use “MotivIQ” (hereinafter, the “Users”) to answer questions and provide the Company’s customers (hereinafter, the “Customers”) with the results thereof to make personnel decisions and conduct analyses to improve work culture; and

2) Services related to the provision of information through the e-mail services accompanying thereto. The Customers and the Users shall be collectively referred to as the “Users”.

2. ARTICLE 2 (APPLICATION FOR AND USE OF SERVICES)

1) Users shall apply for the use of the Services in the method designated by the Company.

2) Users shall accept all contents of these Terms of Use in using the Services. They shall indicate their intention of non-acceptance solely by refusing to use the Services.

3) The Company may refuse Users to use the Services if it considers the provision of the Services to such Users inappropriate. The Services are intended for Customers qualifying as natural persons, businesses, employers or other legal entities, provided they are acting for purposes linked to their trade, business, craft or profession. Individuals qualifying as “consumers” are therefore not eligible to become Customers of the Services.

4) Customers shall, at the time they make an application pursuant to Paragraph 1 of this Article, select the desired contract period from among the plans set forth by the Company. In the event that such selection is accepted by the Company, an individual agreement shall be formed within the scope of the contract period set forth in the plan.

5) In the event that a Customer does not indicate his/her intention to terminate his/her use of the Services by the expiration date of the agreement pursuant to the procedures for termination of use set forth in Article 14, the individual agreement set forth in Paragraph 4, Article 2 shall be renewed under the same conditions as those before the renewal. The same shall apply thereafter.

3. ARTICLE 3 (PROVISION OF SERVICES)

The Company shall provide the following services:

1) Implement a survey through the presentation of factors for the Users to rank;

2) Provide the Users’ results to Customers;

3) In the event that the Company considers it necessary, the Company will implement and conduct telephone calls, e-mails, and interviews with Users; and

4) In addition to each of the preceding items, any other services which the Company may consider beneficial for Users.

4. ARTICLE 4 (PROVISION OF SURVEY RESULTS TO CUSTOMERS)

The Company shall provide the survey results of the Users obtained through the Services to Customers, and shall not provide them to customers who are not Customers.

The Company may, however, process the information provided by Users so that individuals cannot be identified, and use the data for statistical information purposes without limiting the
purpose.

5. ARTICLE 5 (PAYMENT OF REMUNERATION)

1) The Customers, who are the customers of the Company, shall pay to the Company by credit card the fee for use stipulated in the Company’s website as consideration for use of the Services. Any cost required in relation to making this payment shall be borne by the Customers.

2) The Company shall not be liable for the repayment of the consideration for use received pursuant to the preceding paragraph, regardless of the reasons asserted for doing so.

3) In case the payment is not made within 3 days from the date the payment is due, the Company shall stop providing the service to the Customer. The Company will delete the Customer’s account if the payment is not made after 30 days from the date the service is stopped.

6. ARTICLE 6 (RESPONSIBILITIES OF USERS)

Users shall use the Services at their own discretion and shall be responsible for everything relating to their use.

Users may not be able to personally check their entire survey results. Should they wish to check their survey results, they shall be required to have the survey results disclosed by the Customers directly and on a voluntary basis.

Users shall be responsible for addressing any disputes or similar disagreements that have arisen between Users, Customers and/or third parties due to the use of the Services.

7. ARTICLE 7 (PROHIBITED ACTS OF USERS)

In using the Services, Users shall be prohibited from engaging in any of the following acts or acts which may fall under any of the following:

1) Any act that infringes the copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights of any third party or the Company;

2) Any act that infringes or devalues properties invades the privacy, reputation or any similar right of any third party or the Company;

3) Any act that constitutes slander or libel of any third party or the Company;

4) Any act that prejudices any third party or the Company;

5) Any act that presents any false information;

6) Any act that constitutes engaging in sales activities using the Services, or providing information or the like for profit;

7) Any act that replicates, sells, publishes, or otherwise uses information obtained through the Services for purposes that are not for personal use;

8) Any act to change, alter, translate, reverse engineer or reserve compile “MotivIQ”, this service and all or part of the information acquired from this service, and any act to create by-product of “MotivIQ” and this service;

9) Any act that hampers the operation of the Services, or damages the credit of any third party or the Company;

10) Any act that offends the public order and morals; and

11) Any act that violates any laws or regulations.

8. ARTICLE 8 (CAUSES FOR TERMINATION OF USE OF SERVICES)

The Company may terminate the provision of the Services without giving notice to Users if it considers that the Users fall under any of the items below:

1) The User has engaged in any of the acts listed in the preceding Article;

2) The User has breached these Terms of Use;

3) The User has dissolved or transferred all of its business, or a resolution has been passed to that effect;

4) The User has become subject to a suspension of payment, including where any note or check issued by it has been dishonored;

5) The User has been penalized by supervisory authorities through dispositions such as a suspension of business or revocation of its business license or registration; or

6) The Company has determined that the relationship between the Users and the Company could no longer be maintained.

9. ARTICLE 9 (INDEMNIFICATION)

1) The Company shall not be liable for any damages caused by the use or failure to use the Services (including any and all claims such as emotional distress and other pecuniary losses), unless such damage has been caused due to the willful intention or gross negligence of the Company. When the Company is liable for compensation to the Users, for any reasons, the amount of damages owed by the Company against the Users with respect to the Services shall not exceed the total amount the Company has received from the Users pursuant to Article 5, during the last twelve months prior to the date the cause of action arose.

2) The Company does not warrant the currency, completeness, accuracy, or utility of the information provided through the Services. Users shall accept this and shall use the Services at their own risk.

3) The Company will not, be liable to Users for any personnel judgments made by the Customers regarding any User, or the appropriateness and legality of other acts made by the Customers.

4) The Company will not be liable for any damages caused by natural disasters or other acts of God.

5) The Company does not guarantee that the data in the Services will not be deleted or modified. Users shall be responsible for storing all necessary data.

6) The Company will not respond to questions or inquiries from Users or take other actions with respect to confidential matters of the Company and other Users.

7) The Company does not guarantee that the demands and expectations of Users will be met through the use of the Services.

8) The Company does not guarantee to Customers that the survey results of Users will be consistent with the evaluations expected by the Customers.

10. ARTICLE 10 (HANDLING OF PERSONAL INFORMATION)

1) The Company shall comply with its “MotivIQ Privacy Policy,” and shall properly collect, use, manage, and store the Personal Information of Users.

2) Users shall agree to the “MotivIQ Privacy Policy” referred to in the preceding paragraph prior to
using the Services.

11. ARTICLE 11 (COPYRIGHT, AND CREATION AND USE OF STATISTICAL INFORMATION)

1) All copyrights of the contents used in and/or posted on the Services (including photographs , graphs, and illustrations or the like) shall belong to the Company.

2) The Company may create statistical information from data that has been processed so that individuals cannot be identified and use such information without limitation. The copyrights pertaining thereto shall belong to the Company.

12. ARTICLE 12 (EXCLUSION OF ANTI-SOCIAL FORCES)

1) Users shall declare that they do not, and will not in the future, fall under any of the categories described under 12.2. In the event that the Users breach the declaration, or it has been revealed that the Users breach the declaration, the Company may immediately suspend the use of the Services without notice.

2) The User is, or has been a crime syndicate or member thereof, has belonged thereto less than five (5) years ago, is quasi-member thereof, is a racketeer group or the like, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, or falls under the category of any other persons similar to the groups mentioned in this paragraph (hereinafter, “Anti-social Forces”);

3) In the event that Users fall under any of the following items, the Company may immediately suspend the use of the Services without notice.

4) The User has used intimidating words or actions or has threatened violence or undertaken violent conduct against the Company, or has engaged in defaming or discrediting the Company;

5) The User has performed an act to obstruct the business of the Company by using fraudulent means or force;

6) The User has made a demand of the Company that is beyond its legal responsibility; or

7) The User has had third parties who are Anti-social Forces engage in the acts in any of the
preceding items.

13. ARTICLE 13 (COMPENSATION FOR DAMAGES)

In the event that damages are caused to the Company due to the breach of these Terms of Use or otherwise by any User, the User shall be liable to the Company for the compensation of any and all such damages, whether direct or indirect.

14. ARTICLE 14 (CHANGE OF SERVICES, ETC.)

1) The Company may change or suspend the Services without prior notice to Users.

2) The Company may suspend the Services on a long-term basis or terminate them with a notice period of one (1) month.

3) In the event that a Customer wishes to terminate the use of the Services, he/she shall indicate his/her
intention to terminate by sending an e-mail to the contact address on the Company’s website at
least two (2) weeks prior to the date of termination of use.

15. ARTICLE 15 (CHANGE OF TERMS OF USE)

1) The Company may change these Terms of Use as necessary. Details of the changes shall be announced, and notice provided through an announcement displayed on the Services. In the event that a User disagrees with any of the changes, he/she shall inform the Company within one (1) month after the notice is made.

2) If the notice of disagreement is not made by the User within one (1) month pursuant to the preceding paragraph, the changes shall become effective as of the effective date of the revision of the terms.

16. ARTICLE 16 (GOVERNING LAW AND JURISDICTION)

These Terms of Use shall be governed by the laws of the state of Texas. Any and all disputes arising in relation to the Services and these Terms of Use shall be subject to the exclusive jurisdiction of the Denton County court district.

BEU, LLC