Effective Date: 5/6/2026

This Consent and Release Agreement (this “Agreement”) is entered into by and between Premier Marketing Agency, LLC, a limited liability company organized and existing under the laws of the State of North Carolina, with its principal place of business at 615 S College St, Floor 9, Charlotte, North Carolina, 28202 (“Company”); and the individual or entity accessing and using Company’s live chat services (“User” or “You”).

Company and User may each be referred to herein as a “Party” and collectively as the “Parties.”

Article I. Definitions

1.1 “Chat Content” means all messages, text, files, attachments, images, documents, links, and any other content transmitted by User during a chat session.

1.2 “Chat Session” means any live chat communication between User and Company, including communications with Company’s personnel, automated systems, chatbots, or artificial intelligence systems, conducted through Company’s website, applications, or platforms.

1.3 “Personal Data” means any information relating to an identified or identifiable natural person, including but not limited to name, email address, phone number, IP address, device identifiers, and any other information that can be used to identify User directly or indirectly.

1.4 “Recording” means any capture, storage, or retention of Chat Content, audio, video, screen shares, and Technical Data from Chat Sessions, in any format or medium.

1.5 “Released Parties” means Company and its parents, subsidiaries, affiliates, members, managers, officers, directors, employees, contractors, agents, representatives, successors, assigns, insurers, and any third-party service providers involved in the provision or support of the live chat services.

1.6 “Technical Data” means timestamps, IP addresses, device type, device identifiers, operating system, browser type and version, screen resolution, geographic location data, session duration, clickstream data, and related metadata collected in connection with Chat Sessions.

1.7 “Privacy Policy” means Company’s privacy policy, as amended from time to time, which is incorporated herein by reference and available on Company’s website.

Article II. Consent To Recording And Processing

2.1 Express Consent. By checking the required consent boxes and clicking “I Agree,” and proceeding with the chat, User expressly, knowingly, and voluntarily consents to Company’s Recording of User’s Chat Sessions and to Company’s collection, use, disclosure, storage, processing, and retention of: (a) all Chat Content; (b) audio recordings, if User enables audio features; (c) video recordings, if User enables video features; (d) screen shares and any content displayed by User during screen sharing; (e) Technical Data associated with User’s Chat Sessions; and (f) any Personal Data provided by User or collected automatically during Chat Sessions.

2.2 Consent to International Data Transfer. User expressly consents to the transfer, storage, and processing of User’s data across international borders, including to countries whose data protection laws may differ from those in User’s jurisdiction. User acknowledges that such transfers are necessary for Company to provide and improve its services and that Company will implement appropriate safeguards to protect User’s data.

2.3 Scope of Consent. User’s consent under this Article 2 extends to all current and future Chat Sessions conducted by User on Company’s platforms, until such time as User withdraws consent in accordance with this Agreement or applicable law.

2.4 Informed Consent. User acknowledges and represents that: (a) User has read and understands this entire Agreement; (b) User has had the opportunity to ask questions and seek clarification; (c) User’s consent is given freely and voluntarily; (d) User understands the nature and consequences of providing this consent; and (e) User is not under any duress, coercion, or undue influence in providing this consent.

Article III. Purpose And Use Of Recordings

3.1 Permitted Uses. Company may use Recordings and data collected from Chat Sessions for any lawful business purpose, including but not limited to:

• Providing, maintaining, and improving the live chat service and related customer support functions;
• Responding to User inquiries, requests, and support needs;
• Preventing, detecting, investigating, and addressing fraud, security incidents, technical issues, and policy violations;
• Monitoring and evaluating service quality and personnel performance;
• Training Company personnel, contractors, and representatives;
• Training, developing, and improving artificial intelligence systems, machine learning models, chatbots, and automated response systems;
• Developing, enhancing, and testing new products, services, and features;
• Conducting analytics, research, and statistical analysis;
• Creating anonymized or aggregated data sets for internal and external use;
• Complying with legal obligations, court orders, subpoenas, and lawful requests from governmental authorities;
• Enforcing Company’s Terms of Use, Privacy Policy, and other applicable policies and agreements;
• Establishing, exercising, or defending legal claims; and
• Any other purpose disclosed to User at the time of collection or to which User subsequently consents.

3.2 Third-Party Disclosure. Company may disclose Recordings and data to third parties, including but not limited to: (a) service providers and contractors who assist Company in providing and improving its services; (b) professional advisors, including attorneys and accountants; (c) governmental authorities in response to lawful requests; (d) parties to a merger, acquisition, or sale of assets; and (e) other third parties with User’s consent or as otherwise permitted by law.

Article IV. Data Retention And Security

4.1 Retention Period. Company shall retain Recordings and data from Chat Sessions for as long as reasonably necessary to fulfill the purposes described in this Agreement, or as required or permitted by applicable law.

4.2 Security Measures. Company employs reasonable administrative, technical, and physical safeguards designed to protect Recordings and data against unauthorized access, disclosure, alteration, loss, and destruction. However, User acknowledges that no security measures are completely infallible, and Company cannot guarantee absolute security of User’s data.

4.3 Data Breach Notification. In the event of a data breach affecting User’s Personal Data, Company shall provide notification as required by applicable law.

Article V. Voluntary Participation And Alternatives

5.1 Voluntary Participation. User’s use of Company’s live chat services and provision of information via live chat is entirely voluntary. If User does not agree to the terms of this Agreement, User should click “I Do Not Agree” and should not proceed with the Chat Session.

5.2 Alternative Contact Methods. Alternative methods to contact Company are available on Company’s website Contact page and are described in Company’s Privacy Policy. User may use these alternative methods if User does not wish to consent to the terms of this Agreement.

5.3 Consequences of Non-Consent. If User does not consent to this Agreement, User will not be able to access or use Company’s live chat services. User’s access to other Company services and products is not conditioned on acceptance of this Agreement, except as otherwise specified.

Article VI. No Expectation Of Privacy

6.1 Acknowledgment. User acknowledges and understands that all Chat Sessions are recorded and may be reviewed, monitored, and analyzed by Company personnel, contractors, automated systems, or artificial intelligence systems at any time, for any of the purposes stated in this Agreement.

6.2 No Privacy Expectation. User expressly waives any expectation of privacy with respect to Chat Sessions and Chat Content. User understands that anything User communicates during a Chat Session may be recorded, stored, reviewed, and used by Company.

6.3 Sensitive Information Warning. User is advised not to share highly sensitive personal information during Chat Sessions unless specifically requested by Company for a legitimate service purpose. Highly sensitive information includes, but is not limited to: full Social Security numbers, complete financial account numbers, credit card numbers, passwords, medical information, and other information that could be used for identity theft or fraud. Company is not liable for any harm resulting from User’s voluntary disclosure of sensitive information.

Article VII. Release And Waiver Of Claims

7.1 General Release. To the maximum extent permitted by applicable law, User hereby irrevocably and unconditionally releases, discharges, and holds harmless the Released Parties from any and all claims, demands, causes of action, suits, proceedings, judgments, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) (collectively, “Claims”), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to: (a) the Recording, processing, storage, use, disclosure, retention, or destruction of User’s Chat Sessions, Chat Content, or related data; (b) any use of Chat Content for the purposes described in this Agreement; (c) the training of artificial intelligence systems, machine learning models, or automated systems using User’s Chat Content; (d) any alleged violation of User’s privacy rights, publicity rights, personality rights, or other personal rights; (e) any alleged defamation, false light, or misrepresentation; (f) any alleged misappropriation of User’s name, image, likeness, voice, or identity; (g) any alleged infringement of User’s intellectual property rights in Chat Content; (h) any alleged violation of data protection, data privacy, or data security laws or regulations; (i) any data breach, security incident, or unauthorized access affecting User’s data; (j) the international transfer of User’s data; and (k) any other matter arising from or related to User’s use of Company’s live chat services.

7.2 Waiver of Unknown Claims. User expressly waives and relinquishes any rights and benefits under any law or legal principle that would otherwise limit the release to Claims actually known or suspected to exist at the time of execution. User agrees that this release shall remain in full force and effect notwithstanding the discovery of any additional facts.

7.3 Specific Waiver. Without limiting the generality of the foregoing, User specifically waives any and all Claims arising under or related to: invasion of privacy; public disclosure of private facts; intrusion upon seclusion; misappropriation of name, image, or likeness; right of publicity; defamation; false light; intentional or negligent infliction of emotional distress; breach of confidence; copyright infringement; any federal, state, or local data protection or privacy law or regulation; and any similar claims under the laws of any jurisdiction.

Article VIII. Covenant Not To Sue

8.1 Covenant. To the maximum extent permitted by applicable law, User covenants and agrees that User will not initiate, file, maintain, participate in, support, or encourage any lawsuit, class action, collective action, representative action, regulatory complaint, administrative proceeding, arbitration, or other legal or equitable proceeding against any of the Released Parties arising out of or related to the Recording, use, disclosure, or processing of User’s Chat Sessions or data as described in this Agreement.

8.2 Class Action Waiver. To the maximum extent permitted by applicable law, User agrees that any Claims User may have against the Released Parties must be brought in User’s individual capacity and not as a plaintiff, class member, or participant in any purported class, collective, consolidated, or representative proceeding. User waives any right to participate in a class action, collective action, or representative action against the Released Parties.

8.3 Interpretation. If any portion of this covenant not to sue is deemed unenforceable in User’s jurisdiction, it shall be interpreted and construed as the broadest possible waiver, release, and covenant not to sue permitted under applicable law in that jurisdiction.

Article IX. Indemnification

9.1 Indemnification by User. User agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all third-party claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) User’s breach of any term, condition, representation, or warranty in this Agreement; (b) User’s violation of any applicable law, regulation, or third-party right during or in connection with a Chat Session; (c) User’s provision of information, content, or materials that User did not have the legal right to share or that infringes any third party’s intellectual property rights, privacy rights, or other rights; (d) any content User transmits during a Chat Session that is defamatory, obscene, fraudulent, threatening, harassing, or otherwise unlawful; (e) User’s misrepresentation of User’s identity, authority, or capacity; (f) any claim by a third party whose information User disclosed during a Chat Session without proper authorization; and (g) User’s gross negligence or willful misconduct in connection with User’s use of Company’s live chat services.

9.2 Indemnification Procedures. Company shall provide User with: (a) prompt written notice of any claim for which indemnification is sought; (b) reasonable cooperation in the defense of such claim, at User’s expense; and (c) sole control over the defense and settlement of such claim, provided that User shall not settle any claim without Company’s prior written consent if such settlement would require Company to admit liability, pay money, or take or refrain from taking any action.

9.3 Survival. User’s indemnification obligations under this Article IX shall survive the termination or expiration of this Agreement and shall apply to the fullest extent permitted by applicable law.

Article X. Limitation Of Liability

10.1 DISCLAIMER OF WARRANTIES. THE LIVE CHAT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USER’S USE OF THE LIVE CHAT SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 MAXIMUM LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE LIVE CHAT SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

10.4 BASIS OF THE BARGAIN. USER ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH IN THIS ARTICLE X REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES, THAT SUCH LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT COMPANY WOULD NOT PROVIDE THE LIVE CHAT SERVICES WITHOUT SUCH LIMITATIONS.

Article XI. Protection Of Non-waivable Rights

11.1 Non-Waivable Rights. Nothing in this Agreement is intended to waive, limit, or affect any rights that cannot legally be waived under applicable mandatory law, including but not limited to certain consumer protection rights, statutory data protection rights, or other mandatory legal protections that apply in User’s jurisdiction.

11.2 Exercise of Rights. If User resides in a jurisdiction that grants User non-waivable rights with respect to Personal Data (such as rights to access, correct, delete, port, or object to the processing of Personal Data), User may exercise those rights as described in Company’s Privacy Policy.

11.3 Severability of Limitations. If any limitation, exclusion, or disclaimer in this Agreement is found to violate mandatory consumer protection law in User’s jurisdiction, such limitation, exclusion, or disclaimer shall be modified to the minimum extent necessary to comply with such law, and all other provisions shall remain in full force and effect.

Article XII. Age Requirement And Legal Capacity

12.1 Age Requirement. Company’s live chat services are intended only for individuals who are at least eighteen (18) years of age, or the age of majority in their jurisdiction if higher. By accepting this Agreement, User represents and warrants that User meets this age requirement.

12.2 Legal Capacity. By accepting this Agreement, User represents and warrants that User has the legal capacity to enter into binding agreements and to grant the consents, releases, and waivers set forth herein.

12.3 Authority to Bind Organization. If User is accessing Company’s live chat services on behalf of an organization, User represents and warrants that User has the authority to bind that organization to this Agreement.

12.4 Prohibition. User shall not use Company’s live chat services if User does not meet the age and capacity requirements set forth in this Article XII.

Article XIII. Electronic Acceptance And Proof Of Consent

13.1 Electronic Acceptance. User’s consent to this Agreement is documented through User’s affirmative electronic actions, which may include: checking one or more consent checkboxes that are unchecked by default; clicking a clearly labeled “I Agree,” “Accept,” or similar button; or otherwise indicating acceptance through an electronic interface provided by Company.

13.2 Records of Consent. Company may create and maintain records of User’s consent, including but not limited to: User’s name or identifier; IP address and geographic location; device type, operating system, and browser information; the date, time, and time zone of User’s consent; the method by which consent was provided; and the version of this Agreement to which User agreed. These records serve as proof of User’s informed consent and may be used by Company in any legal proceeding.

Article XIV. Governing Law And Jurisdiction

14.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws provisions.

14.2 Jurisdiction. Any dispute arising under this Agreement shall be resolved exclusively in the state or federal courts located in Mecklenburg County, North Carolina. The Parties hereby consent to personal jurisdiction and venue in such courts.

14.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain valid and in full force and effect.