Contents

1. Definitions 2. Eligibility, Accounts and Authority 3. License Grant and Scope 4. Acceptable Use 5. General Prohibited Uses 6. AI, Machine Learning and Automated-System Restrictions 7. Automated Access, Scraping and Collection 8. Methodology and Reverse Engineering Protection 9. Intellectual Property and Reserved Rights 10. User Data, Privacy and Confidentiality 11. Third-Party Services and Authorized Integrations 12. Monitoring, Compliance and Audit 13. Suspension, Termination and Effect 14. Enforcement and Remedies 15. Disclaimers 16. Limitation of Liability 17. Indemnification 18. Changes to the Platform and Terms 19. Governing Law and Venue 20. General Terms

TERMS OF USE

myID™ Platform and Instinctive Drives® Services

These Terms of Use ("Terms") govern access to and use of the myID™ platform, I.D. System™, and Instinctive Drives® ("I.D.") assessments, reports, training content, coaching resources, team analytics, development recommendations, software, websites and related products and services (collectively, the "Platform").

The Platform is provided by (a) I.D. Nation, Inc., a Delaware corporation, where your organization's order form or invoice is issued by I.D. Nation, Inc., or, if you purchase individually, where you are located in the United States of America; and (b) Link-up International Pty Ltd (ABN 75 003 674 235) in all other cases (the applicable entity being "Link-up," "we," "our" or "us").

Link-up Holdings Pty Ltd (ABN 87 137 029 460) and Link-up's other related bodies corporate may exercise and enforce the rights and protections in these Terms relating to the Platform, Platform Content, Methodology, and intellectual property. Link-up accepts the benefit of those rights and protections for itself and as agent and trustee for Link-up Holdings Pty Ltd and each of those related bodies corporate, and may enforce them on their behalf.

By registering for, accessing or using the Platform, or by clicking to accept these Terms, you agree to be bound by these Terms. If you use the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization, and "you" includes that organization and its authorized users.

If a separately executed Master Services Agreement ("MSA"), subscription agreement, order form or other written agreement governs your use of the Platform, that agreement controls to the extent of a direct conflict with these Terms.

Quick-Reference Compliance Guide

This summary is provided for operational convenience. It does not replace or limit the full legal terms below.

1. Definitions

1.1 "AI System"

means any artificial intelligence, machine learning, deep learning, neural network, large language model, multimodal model, generative AI system, predictive model, foundation model, transformer model, autonomous or semi-autonomous agent, recommendation engine, classifier, algorithm, statistical learning system, decision-support tool, retrieval-augmented generation system, or other system that performs inference, pattern recognition, prediction, generation, classification, optimization or automated decision-making. Software functions used solely for ordinary file storage, email delivery, spam filtering, spell-checking, accessibility, security or keyword search within your own systems are not an AI System for the purposes of these Terms, provided they do not use Platform Content to train or improve any model.

1.2 "Automated Means"

means any robot, bot, crawler, spider, scraper, harvester, script, browser automation tool, headless browser, robotic process automation software, agent, API client, batch process or other automated method used to access, query, extract, copy, monitor, analyze or process the Platform or Platform Content.

1.3 "Authorized User"

means an individual whom Link-up or a licensed organization has authorized to access the Platform under a current license, subscription or written agreement.

1.4 "Derivative Product"

means any product, service, software, assessment, dataset, model, framework, methodology, report, behavioral profile, classification system, output or other material that is derived from, based on, informed by, adapted from, trained on or created using Platform Content or the Methodology.

1.5 "Methodology"

means the proprietary assessment design, question structure, scoring and weighting methods, profile-generation processes, analytical approaches, behavioral frameworks, classification logic, development frameworks, team-analysis methods, coaching frameworks, interpretive techniques, know-how and trade secrets embodied in or revealed by the Platform or Platform Content.

1.6 "Platform Content"

means all content and materials made available through or in connection with the Platform, including assessment questions, individual profile results, team reports, development recommendations, coaching content, video and training content, software, interfaces, text, graphics, charts, documentation, templates, data structures, compilations, and the Methodology.

1.7 "Training Data"

means data or content used directly or indirectly to pre-train, train, fine-tune, align, ground, augment, optimize, calibrate, test, validate, evaluate or benchmark an AI System, including prompts, responses, examples, labels, preference data, annotations and evaluation sets.

1.8 "Approved Productivity Tool"

means an enterprise-licensed productivity, document storage, email, transcription or meeting tool, including any AI assistant built into it, that (a) is provided to you or your organization under terms that prohibit the provider from using your content to train or improve its models; (b) is configured so that Platform Content is accessible only to people entitled to see it under these Terms; and (c) has not been excluded by Link-up by written notice to you or your organization.

1.9 "Your Results"

means the individual profile results and individual reports generated from your own assessment responses, excluding assessment questions, response options and the Methodology.

2. Eligibility, Accounts and Authority

You must be at least 18 years old (or the age of majority where you live, if higher) and legally capable of entering into a binding agreement and satisfy any other eligibility requirements stated during registration. Individuals under 18 may use the Platform only where a licensed organization has enabled that use and a parent or guardian has consented. The Platform is not directed to children under 13.

You must provide accurate registration information, keep account information current, protect credentials and promptly notify us of suspected unauthorized access.

Accounts are personal to the Authorized User unless the applicable license expressly permits shared or service accounts. You must not transfer, sell, lend or share credentials.

A licensed organization is responsible for its Authorized Users and for ensuring their use complies with these Terms.

3. License Grant and Scope

Subject to these Terms, payment of applicable fees, and any order form or enterprise agreement, Link-up grants each Authorized User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the applicable subscription term to access and use the Platform solely for the permitted personal or internal business purposes described in Section 4.

No ownership interest is transferred. No implied license arises by estoppel, exhaustion or otherwise. All rights not expressly granted are reserved.

4. Acceptable Use

4.1 Individual use

Complete assessments assigned or lawfully made available to you.

View and use your own profile results for personal learning, development, communication and coaching.

Download, print or share your own authorized report where the Platform provides that functionality.

Discuss your results with your manager, coach, consultant, team or other person you choose, subject to applicable privacy and confidentiality requirements.

Access authorized training videos, learning resources and coaching content for your own learning.

Apply development recommendations to your own work, leadership, relationships and development.

4.2 Licensed organizational use

Use individual and team reports internally for legitimate coaching, leadership, development, team effectiveness and organizational-development activities within the licensed population.

Provide access only to Authorized Users and only for the duration, quantities, products and territories purchased.

Use approved reports and materials in internal workshops, debriefs and development programs led by appropriately authorized personnel.

Discuss and apply Platform insights internally without changing their intended meaning or presenting modified content as official I.D. content.

Make reasonable internal copies only where expressly enabled by the Platform or permitted in writing.

Retain reports only as required for the permitted purpose and in accordance with applicable privacy, security, records-retention and employment laws.

4.3 Sharing and attribution

You may share your own results. You may share another person's results only with that person's authorization or another valid legal basis.

Copyright, trademark and proprietary notices must remain intact.

Platform Content must be presented accurately, completely and without misleading edits, rebranding or implication of endorsement.

External publication, public distribution, marketing use, resale, commercial training or sublicensing requires Link-up's prior written permission.

4.4 Your Results

Nothing in these Terms restricts you from keeping, using or sharing Your Results for your own purposes, including storing them or discussing them in personal or work tools of your choice. Sections 5 to 8 continue to apply to the extent you use Your Results to reproduce assessment questions or response options, to infer or reconstruct the Methodology, or to create a Derivative Product, and the restrictions relating to other people's results and to team reports are unaffected.

5. General Prohibited Uses

Except where expressly authorized in a written agreement signed by Link-up, you must not, and must not enable or assist any third party to:

copy, reproduce, modify, translate, adapt, republish, display, distribute, sell, rent, sublicense or commercially exploit Platform Content;

remove, obscure or alter copyright, trademark, confidentiality or proprietary notices;

use the Platform or Platform Content to create, support or improve a competing or substitutive product or service;

copy, record, disclose or reconstruct assessment questions, response options or assessment flows;

reverse engineer, decompile, disassemble or attempt to derive source code, object code, data models, schemas or non-public interfaces;

access the Platform using another person's credentials or exceed the users, products, organizations, reports, assessments, territories, volumes or purposes purchased;

interfere with the Platform, introduce malicious code, probe vulnerabilities, conduct penetration testing without written authorization, or defeat security or access controls;

use the Platform unlawfully, deceptively, discriminatorily, or in a manner that infringes privacy, publicity, intellectual-property or other rights;

use assessment results as the sole basis for employment, medical, psychological, legal, credit, insurance or similarly consequential decisions; or

represent AI-generated, altered, unofficial or third-party material as validated or official Instinctive Drives® or I.D. System™ content.

6. AI, Machine Learning and Automated-System Restrictions

6.1 Comprehensive prohibition

Except as permitted by Sections 4.4 and 6.7, and unless Link-up gives prior express written authorization that specifically identifies the permitted content, system, purpose, safeguards, retention period and users, you must not use, permit access to, disclose, provide, process or make available any Platform Content for or in connection with an AI System, Automated Means or computational model-development activity. This restriction applies to direct and indirect use; manual and automated use; commercial, academic, internal, evaluation and non-profit use; and public, private, local, cloud-hosted and third-party systems.

6.2 Model development, training and evaluation

You must not use Platform Content, in whole or in part, as Training Data or otherwise to:

pre-train, train, fine-tune, instruction-tune, align, adapt, distill, optimize, calibrate or improve an AI System;

perform supervised, unsupervised, self-supervised, semi-supervised, reinforcement, preference-based, transfer, federated or active learning;

test, validate, benchmark, evaluate, red-team, compare, score or measure an AI System;

create prompts, prompt libraries, examples, demonstrations, chain-of-thought data, preference data, reward data, labels, annotations, ground truth, gold sets, test sets or evaluation harnesses;

develop or improve a foundation model, language model, multimodal model, embedding model, classifier, recommender, predictive model, behavioral model or autonomous agent; or

use outputs from an AI System trained on or grounded in Platform Content to train, distill, supervise or improve another model or system.

6.3 Datasets, embeddings, retrieval and memory

You must not use Platform Content to create, populate, enrich, augment or maintain:

a dataset, corpus, compilation, data lake, warehouse, feature store, label set, taxonomy or benchmark;

an embedding, vector representation, vector database, semantic index, search index or similarity model;

a retrieval-augmented generation system, knowledge base, knowledge graph, grounding source or enterprise search repository;

an agent memory, prompt cache, context store, long-term memory, short-term memory or automated workflow; or

synthetic, simulated, augmented, de-identified, pseudonymized or transformed data intended to preserve, approximate or reproduce information contained in Platform Content.

6.4 Submission to third-party AI services

You must not upload, paste, transmit, connect, synchronize, import, expose, submit or otherwise provide Platform Content to any third-party AI, generative AI, LLM, chatbot, copilot, coding assistant, transcription tool, meeting assistant, search assistant, model provider or agent platform, including through plug-ins, connectors, browser extensions, APIs or automated workflows. This restriction applies even where the provider states that customer inputs will not be used for general model training, unless Link-up has approved the specific service and use in writing or the use is permitted by Section 4.4 or 6.7.

6.5 Derivative AI and automated products

You must not use Platform Content or the Methodology to create, develop, configure, support or improve any Derivative Product, including:

an AI coach, chatbot, copilot, digital assistant, recommendation engine or decision-support tool;

a behavioral, personality, psychometric, leadership, coaching, team or talent model;

a digital twin, synthetic persona, simulated profile or automated profile generator;

a competing assessment, question set, scoring framework, interpretive framework or development system;

automated courseware, training content, certification content, summaries or localized materials, other than internal materials prepared as permitted by Section 4.2; or

software or an integration that generates, predicts, approximates or substitutes for Platform results, recommendations or services.

6.6 No indirect or proxy use

You must not circumvent these restrictions by transforming, summarizing, paraphrasing, translating, redacting, de-identifying, aggregating, fragmenting, sampling or manually re-entering Platform Content; by using an intermediary, contractor, affiliate or service provider; by querying one system and submitting the result to another; or by using Platform Content to design prompts, rules or specifications for an AI System. This Section does not restrict personal notes, coaching records or internal summaries prepared for a purpose permitted by Section 4, provided they are not used for any activity prohibited by Sections 6.2 to 6.5.

6.7 Permitted ordinary tools

You may store, open, send and discuss Platform Content using Approved Productivity Tools, including recording, transcribing or summarizing internal debriefs and coaching sessions, solely for purposes permitted by Section 4. Incidental indexing of that content by an Approved Productivity Tool for search and retrieval by people entitled to see it does not breach Section 6.3. This Section does not permit any activity described in Sections 6.2 or 6.5, the deliberate bulk loading of Platform Content into a knowledge base or retrieval system, or the use of any tool to reproduce assessment questions or infer the Methodology.

7. Automated Access, Scraping and Collection

Except through an approved API and within its documented license and technical limits, you must not:

scrape, crawl, spider, harvest, index, mirror, cache, archive or systematically collect any portion of the Platform or Platform Content;

use bots, scripts, headless browsers, browser automation, robotic process automation, agents, plug-ins, extensions, packet capture, screen scraping, optical character recognition or similar methods to access or extract content;

bulk-download, bulk-export, batch-query, enumerate, replay, monitor or continuously poll the Platform;

use multiple accounts, rotating identifiers, proxies, distributed systems or other methods to avoid detection or usage limits;

circumvent robots.txt instructions, CAPTCHAs, authentication, rate limits, access controls, technical restrictions, contractual restrictions or security measures;

harvest content through an API or integration beyond the authorized fields, users, purposes, frequencies or retention periods; or

create or maintain an unauthorized offline repository, mirror, archive, database or substitute service containing Platform Content.

8. Methodology and Reverse Engineering Protection

8.1 No inference or reconstruction

You must not use manual review, automated analysis, statistical analysis, systematic querying, comparative testing, experimentation or any other method to identify, infer, estimate, approximate, replicate, emulate or reconstruct the Methodology or any non-public feature of the Platform. This Section 8 does not restrict ordinary use of the Platform's features, including viewing and comparing profiles within team reports, discussing results, or retaking an assessment where the Platform or your organization permits it, provided the activity is not undertaken for the purpose of inferring, replicating or reconstructing the Methodology.

8.2 Specific prohibited techniques

mapping or comparing assessment questions, responses, scores, profiles or reports across users or test accounts;

varying inputs systematically to observe output changes, thresholds, weights, decision boundaries or classification behavior;

creating synthetic respondents, test personas, generated response sets or repeated assessment attempts not permitted by the Platform or your organization;

performing correlation analysis, clustering, feature extraction, regression, attribution analysis, model extraction, membership inference or similar statistical or machine-learning analysis;

using prompt engineering, automated agents or iterative querying to elicit hidden rules, internal instructions, scoring logic, confidential content or system behavior;

reconstructing or approximating the relationship between assessment questions, response patterns, drive scores, profile classifications, team reports or recommendations; or

using Platform outputs as labels, targets, rewards, ground truth or supervisory signals for another assessment, model or system.

8.3 Trade secret acknowledgement

You acknowledge that non-public elements of the Methodology may constitute confidential information and trade secrets that derive independent economic value from not being generally known and are subject to reasonable measures to preserve secrecy. Nothing in these Terms authorizes acquisition, use or disclosure of those trade secrets.

9. Intellectual Property and Reserved Rights

As between the parties, Link-up, its affiliates and licensors own all right, title and interest in the Platform, Platform Content, Methodology, trademarks, software, interfaces, compilations, documentation, improvements and derivative intellectual property.

Instinctive Drives®, the I.D. System™, myID™ and associated names, logos and marks may not be used except as expressly authorized in writing.

All rights relating to machine learning, AI training, fine-tuning, text and data mining, computational analysis, embeddings, vectorization, synthetic data, automated extraction, model evaluation, retrieval systems and autonomous agents are expressly reserved.

The restrictions in these Terms are contractual covenants in addition to rights arising under copyright, trade secret, trademark, database, privacy, computer-misuse and other laws. An activity may breach these Terms regardless of whether it independently constitutes copyright infringement.

No failure to apply a technical protection measure, robots instruction, access restriction or metadata notice constitutes consent, waiver or an implied license.

10. User Data, Privacy and Confidentiality

Our collection, use and disclosure of personal information is described in the privacy notice presented with or linked from the Platform, as updated from time to time.

You must process profile results and reports lawfully and with appropriate confidentiality, access controls and security.

Licensed organizations are responsible for establishing an appropriate legal basis, providing required notices, obtaining required consents and controlling access to assessment and team information within their organization.

You must not disclose another person's profile results, team data or personal information except as authorized by that person, the licensed organization and applicable law.

You must not use Platform data to make unlawful discriminatory decisions or decisions prohibited by an applicable agreement.

If you become aware of unauthorized access, disclosure, extraction or AI use involving Platform Content, you must promptly notify Link-up at support@instinctivedrives.com and reasonably cooperate with investigation and mitigation.

You grant Link-up and its related bodies corporate a non-exclusive, worldwide, royalty-free license to use assessment responses and other data submitted through the Platform to provide, support and secure the Platform and, in aggregated or de-identified form that does not identify you or your organization, to conduct research, maintain norms, and validate and improve the Methodology and the Platform, in each case in accordance with the privacy notice and applicable law.

If you provide suggestions or feedback about the Platform, Link-up may use them without restriction or obligation to you.

11. Third-Party Services and Authorized Integrations

The Platform may interoperate with third-party services. Your use of a third-party service is governed by its terms and privacy practices. Availability of an integration does not authorize unrestricted export, secondary use, AI processing or retention of Platform Content. Only integrations and use cases approved by Link-up in writing are authorized, and you must comply with all stated configuration, security, field, purpose and retention limits.

12. Monitoring, Compliance and Audit

To protect the Platform and enforce these Terms, Link-up may use lawful technical measures to monitor usage patterns, volumes, device and account activity, automated access indicators and suspected misuse.

Upon reasonable request relating to suspected material breach, a licensed organization must provide information reasonably necessary to demonstrate compliance, subject to applicable law and appropriate confidentiality safeguards.

Link-up may require cessation of unauthorized processing, deletion of unauthorized copies, datasets, embeddings, model artifacts or derivative materials, written certification of deletion, and preservation of relevant evidence.

You must not conceal, disable, falsify or interfere with monitoring, attribution, watermarking, logging, provenance or security features.

13. Suspension, Termination and Effect

Link-up may suspend or restrict access where reasonably necessary to protect the Platform, investigate suspected misuse, prevent harm, comply with law or address a material breach.

Link-up may terminate access or these Terms for material breach, including breach of Sections 5 through 10, subject to any cure rights required by an applicable written agreement or law.

Upon expiration or termination, the license ends and you must cease use and delete Platform Content in your possession or control, except to the extent retention is required by law or expressly authorized in writing. Individuals may retain copies of Your Results for personal use. Before expiry or termination (other than termination for your material breach), you may download any reports the Platform makes available for download.

Sections concerning definitions, prohibited uses, AI restrictions, intellectual property, confidentiality, enforcement, disclaimers, liability, indemnification, dispute terms and any accrued obligations survive termination.

You may terminate your account, request deletion of your personal information and remove your access to the Platform by giving Link-up at least 30 days' written notice in accordance with Section 20. Termination takes effect at the end of that notice period. Subject to any applicable order form, written agreement or mandatory law, Link-up will provide a pro-rata refund of prepaid subscription fees attributable to the unused portion of the subscription term after the effective date of termination, excluding one-off, setup, usage-based or otherwise non-refundable fees. Termination does not affect fees already due or any rights and obligations accrued before the effective date of termination.

14. Enforcement and Remedies

Unauthorized extraction, AI use, model development, disclosure or reconstruction of the Methodology may cause irreparable harm for which monetary damages may be inadequate. Link-up may seek injunctive or equitable relief, in addition to other remedies available at law or in equity, without limiting any applicable evidentiary requirement.

Link-up may investigate suspected violations, preserve evidence, disable accounts, revoke credentials, issue takedown or deletion demands, and pursue claims against users and organizations responsible for or benefiting from unauthorized use.

To the extent permitted by law and an applicable agreement, each party is responsible for losses, investigation costs, remediation costs and reasonable legal fees arising from its breach. Link-up's responsibility under this Section is subject to Section 16.

No remedy is exclusive unless expressly stated. Failure or delay in enforcement is not a waiver.

15. Disclaimers

THE PLATFORM AND PLATFORM CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINK-UP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Link-up does not warrant uninterrupted, error-free or completely secure operation.

Assessment results, reports, recommendations and coaching content are intended for development, education and coaching. They are not medical, psychological, legal, financial or clinical advice.

Platform Content must not be used as the sole basis for employment, promotion, termination, compensation, healthcare, insurance, credit, legal or similarly consequential decisions.

Nothing in this Section excludes a warranty or right that cannot lawfully be excluded.

If you acquire the Platform as a consumer under the Australian Consumer Law, our services come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these Terms limits those guarantees or your rights in relation to them.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINK-UP AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR USE, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF LINK-UP AND THE FOREGOING PARTIES ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE FOR THE AFFECTED PLATFORM SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) A$100 (OR US$100 WHERE LINK-UP IS I.D. NATION, INC.) IF NO FEES WERE PAID.

The exclusions and limitations apply to the maximum extent permitted by law and do not apply where liability cannot lawfully be limited. A separately executed agreement may specify a different liability framework. Where the Australian Consumer Law applies and the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Link-up's liability for failure to comply with a consumer guarantee is limited, at Link-up's option, to supplying the services again or paying the cost of having the services supplied again, except where it is not fair or reasonable for Link-up to rely on this limitation.

17. Indemnification

To the maximum extent permitted by law, you will defend, indemnify and hold harmless Link-up and its affiliates, licensors, officers, directors, employees and agents from third-party claims, damages, judgments, losses, liabilities, costs and reasonable legal fees arising from or relating to:

your unlawful or unauthorized use of the Platform or Platform Content;

your breach of these Terms;

your violation of privacy, confidentiality, intellectual-property or other rights;

your use of Platform Content with an AI System or Automated Means;

your employment, personnel or other consequential decisions based on Platform Content; or

content, data, instructions or materials you submit to or process through the Platform.

Link-up will provide reasonable notice of an indemnified claim and may control its defense and settlement. You may not settle a claim in a manner that admits fault by, imposes obligations on, or restricts Link-up without prior written consent.

An individual who uses the Platform other than on behalf of an organization is liable under this Section 17 only for claims arising from that individual's willful, fraudulent or knowing breach of these Terms, and paragraph (e) does not apply to individuals who complete assessments at the direction of a licensed organization. Obligations under this Section are reduced to the extent a claim is caused or contributed to by Link-up or its related bodies corporate.

18. Changes to the Platform and Terms

Link-up may update the Platform, including features, security measures and content.

Link-up may update these Terms. Material changes will be communicated through the Platform, by email or by another reasonable method, at least 30 days before they take effect (or any shorter period reasonably necessary to comply with law or address a security risk), and will apply from the stated effective date.

If you do not agree to revised Terms, you must stop using the Platform before they take effect, subject to any separately executed agreement. If a material change is to your detriment, you or your licensed organization may terminate the affected subscription before the change takes effect and receive a pro-rata refund of prepaid fees for the unused portion of the subscription term.

19. Governing Law and Venue

Where the Platform is provided by Link-up International Pty Ltd, these Terms are governed by the laws of the State of New South Wales, Australia, without regard to conflict-of-law principles. Subject to any mandatory law and any dispute-resolution provision in an applicable written agreement, the courts of New South Wales and the federal courts of Australia sitting in New South Wales, and any courts competent to hear appeals from those courts, have exclusive jurisdiction, and each party submits to the jurisdiction of, and venue in, those courts.

Where the Platform is provided by I.D. Nation, Inc., these Terms are governed by the laws of the State of California, United States of America, without regard to conflict-of-law principles. Subject to any mandatory law and any dispute-resolution provision in an applicable written agreement, the state and federal courts located in California have exclusive jurisdiction, and each party submits to the jurisdiction of, and venue in, those courts.

Nothing in these Terms limits any non-excludable right or remedy available under applicable consumer protection (including the Australian Consumer Law), privacy or other mandatory law.

20. General Terms

These Terms, together with the privacy notice and any applicable order form or written agreement, constitute the agreement governing your use of the Platform.

If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective.

You may not assign or transfer these Terms without Link-up's prior written consent. Link-up may assign them in connection with a merger, reorganization, sale of assets or transfer to an affiliate.

Notices may be delivered electronically. Legal notices to Link-up must be sent to the address and email found at www.instinctivedrives.com.

Headings are for convenience only. "Including" means "including without limitation." The singular includes the plural and vice versa where context permits.

You consent to receiving notices, agreements and other communications from Link-up electronically, and agree that electronic communications satisfy any legal requirement that a communication be in writing.

Link-up is not liable for any delay or failure to perform caused by events beyond its reasonable control, including failures of third-party hosting or network providers, natural disasters, pandemics, industrial action or acts of government.

You must comply with all applicable export control and sanctions laws, including those of Australia and the United States, and must not access or use the Platform from, or on behalf of a person located in, a jurisdiction or listed person subject to comprehensive sanctions.