For purpose of this Agreement following terms, as used in this Agreement, shall have the meanings set forth below:

"Agreement" means these terms and conditions as amended from time to time by Wifin Technologies at its discretion and includes the Schedule;

"Schedule" means the front page of, and any attachments to, this Agreement;

“Services” means services offered by Akros TechLabs, together with any software, technical assistance, support services, training, manuals, documentation or related materials, and communication, transmission or delivery services.

"Term" - means the Fixed Term specified in the Schedule and all time thereafter prior to termination in accordance with this agreement.

“Akros TechLabs" means Akros TechLabs, LLC and its successors and assigns;

Akros TechLabs Software means Akros TechLabs programs and solutions developed or licensed by Akros TechLabs, designed to be used by a user on user-owned hardware in conjunction with a personal computer, cellular telephone or personal digital assistant (PDA) to receive Services.

1. Disclaimer of Warranties; Limitation of Liability

a. THE SERVICES ARE PROVIDED “AS IS.” NEITHER AKROS TECHLABS, THE DATA PROVIDERS, THE SERVICE FACILITATORS NOR ANY OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE OR AFFILIATE OF ANY OF THE FOREGOING MAKE ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INFORMATION ACCESS). USER RECOGNIZES THAT THE ACCURACY OF THE INFORMATION SHOULD BE CHECKED BEFORE USER RELIES ON IT.

b. USER AGREES THAT NEITHER AKROS TECHLABS, THE DATA PROVIDERS, THE SERVICE FACILITATORS, NOR ANY OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE OR AFFILIATE OF ANY OF THE FOREGOING SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE TRUTHFULNESS, ACCURACY OR TIMELINESS OF THE SERVICES OR THE TRUTHFULNESS, ACCURACY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THE INFORMATION OR THE SERVICES, OR FOR ANY INTERRUPTION OR DELAY OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF THE SERVICES.

c. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, USER'S MAXIMUM RECOVERY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF FORM OF ACTION THAT IMPOSES LIABILITY, WHETHER IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT OR OTHERWISE, SHALL BE LIMITED TO AND NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND AND NATURE, THE LESSER OF: (I) THE AMOUNT OF THE SERVICE FEES) PAID TO AKROS TECHLABS UNDER THIS AGREEMENT FOR THE MOST RECENT SIX (6) MONTHS PRIOR TO THE TIME SUCH LIABILITY AROSE; OR (II) TWO THOUSAND DOLLARS ($2,000).

d. IN NO EVENT WILL AKROS TECHLABS, THE DATA PROVIDERS OR THE SERVICE FACILITATORS, OR ANY OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE OR AFFILIATE OF ANY OF THE FOREGOING BE LIABLE TO SUBSCRIBER, SUBSCRIBER'S CUSTOMERS OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, ERROR OR LOSS OF THE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF AKROS TECHLABS, THE DATA PROVIDERS OR THE SERVICE FACILITATORS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.

e. USER ACKNOWLEDGES AND AGREES THAT NEITHER THE SERVICES NOR ANY OF THE INFORMATION ARE INTENDED TO SUPPLY INVESTMENT, FINANCIAL, TAX OR LEGAL ADVICE. AKROS TECHLABS OFFERS NO ADVICE REGARDING THE NATURE, POTENTIAL VALUE, OR SUITABILITY OF ANY PARTICULAR SECURITY, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY.

f. USER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES AND INFORMATION, AND ANY DECISIONS MADE IN RELIANCE UPON THE SERVICES AND INFORMATION, ARE MADE ENTIRELY AT USER'S OWN RISK.
g. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY USER MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

h. CERTAIN LEGISLATION, AS AMENDED OR REPLACED, MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON AKROS TECHLABS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED, EXCEPT TO A LIMITED EXTENT. THIS AGREEMENT MUST BE READ SUBJECT TO ANY SUCH STATUTORY PROVISIONS. IF SUCH STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH AKROS TECHLABS IS ENTITLED TO DO SO, ITS LIABILITY WILL BE LIMITED AT ITS OPTION TO: (A) IN THE CASEOF A SUPPLY OF GOODS, THE REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED, OR THE REPAIR OF THE GOODS; AND (B) IN THE CASE OF SERVICES, THE SUPPLY OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES PERFORMED AGAIN.

i. TO THE EXTENT PERMITTED BY LAW, AND SUBJECT ONLY TO ANY EXPRESS EXCEPTIONS CONTAINED IN THIS AGREEMENT, AKROS TECHLABS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE CUSTOMER FOR ANY LOSS, DAMAGE, EXPENSE, INJURY OR DEATH SUSTAINED OR INCURRED BY THE CUSTOMER OR ANY OTHER PARTY RESULTING DIRECTLY OR INDIRECTLY OUT OF THE SUPPLY, PERFORMANCE OR USE OF ANY EQUIPMENT, SOFTWARE OR INFORMATION SERVICE OR OUT OF ANY BREACH OF AKROS TECHLABS UNDER ANY CONTRACT INCORPORATING THIS AGREEMENT, OR OUT OF THE NEGLIGENCE OF AKROS TECHLABS.

j. THIS AGREEMENT IS NOT FOR THE BENEFIT OF ANY THIRD PARTY AND SHALL NOT BE CONSIDERED TO GRANT ANY RIGHT OR REMEDY TO ANY THIRD PARTY WHETHER OR NOT REFERRED TO IN THIS AGREEMENT.

2. Indemnification
User shall defend, indemnify and hold AKROS TECHLABS, its affiliates and the Data Providers, and their respective officers, directors, employees, agents and affiliates harmless from and against any and all claims, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising from or relating to: (i) User's use of the Services; (ii) User's breach or violation of this Agreement; or (iii) User's infringement of any third-party's intellectual property rights, including, but not limited to, copyright, proprietary, and privacy rights.

3. Data Providers Enforcement Right
The Data Providers may enforce this Agreement against User by legal proceedings or other appropriate means.

4. Personal Information
User's personally identifiable information and other information regarding User's Customer Account are subject to the terms and conditions of, and will be treated in accordance with, Wifin Technologies Privacy Policy, located at http://www.akrostechlabs.com, which is incorporated herein by this reference.

The Customer irrevocably acknowledges and agrees that:
Akros TechLabs may seek and use personal and commercial credit information from a reporting agency for the purpose of assessing a credit application by the Customer or the Customer's credit worthiness and/or the Customer's continuing credit worthiness, and for the purpose of the collection of payments that are overdue in respect of any credit provided by Akros TechLabs in relation to (a) commercial credit applications from or commercial credit provided to the Customer; or (b) personal credit applications from or personal credit provided to the Customer; and Akros TechLabs may give to or obtain from another credit provider, any information derived from a report to assess an application, the Customer's credit worthiness and/or the Customer's continuing credit worthiness;

5. Miscellaneous
a. Modifications to this Agreement. Akros TechLabs reserves the right to change or modify any and all of the terms of this Agreement at any time upon notice to User. Users' use of the Services following any such change or modification constitutes User's express agreement to be bound by this Agreement as so changed or modified.

b. Waiver Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

c. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America, without application of the principles of conflicts of law. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in the State of Texas, USA, and the parties hereby consent to the personal jurisdiction and venue therein.

d. Force Majeure. Neither Akros TechLabs nor the Data Providers shall be liable for any loss resulting from, and Akros TechLabs and the Data Providers' performance under this Agreement shall be excused in the event of, any interruption and/or delay due to any cause over which such entities do not have direct control, including, but not limited to, acts of God, acts of any government, terrorism, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, power failures, equipment failure, industrial or labor dispute, acts of Data Providers (solely as regards Akros TechLabs), acts of third-party information providers, third-party software, third-party hardware, or communication method interruption.

e. Entire Agreement. This Agreement (including all documents incorporated herein by reference) and the Service Subscription Agreement embody the entire understanding between the parties with regard to its subject matter and supersede any and all prior representations and agreements, oral or written.

f. Headings. The headings appearing herein are inserted only as a matter of convenience and as a reference, and in no way define, limit or describe the scope or intent of the applicable clause or this Agreement.

g. Severability. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law and the validity and enforceability of the other provisions shall not be affected thereby.

h. Assignment. This Agreement shall not be assignable by the user, either in whole or in part. Akros TechLabs, LLC reserves the right to assign its rights and obligations under this Agreement.

i. Notices. Except as otherwise provided herein, all written notices permitted or required hereunder shall be sent to Akros TechLabs, LLC at the following address: Akros TechLabs, LLC, 16238 Hwy 620, Suite – F 370, Austin, TX 78717, USA or, by e-mail, to the following e-mail address: info@akrostechlabs.com. All notices shall be deemed to have been given upon actual receipt by Akros TechLabs, LLC.

j. Survival. Sections 1, 2, 3, 4 and 5 of this Agreement shall survive the termination of this Agreement and shall apply indefinitely