Authorized User & Mobile Application Agreement (EULA)

1. Acceptance, Parties, and Relationship to the Customer Agreement

1.1 Binding agreement

This Authorized User & Mobile Application Agreement ("Agreement") is between Gennex IT Solutions LLC ("Gennex," "Company," "we," "us," or "our") and you, the individual who accesses or uses the ServeLynx website, cloud platform, APIs, customer portal, or mobile applications (collectively, the "Service") as an Authorized User of a Customer account. ServeLynx is the Company product governed by this Agreement.

1.2 Methods of acceptance

You accept this Agreement by any of the following: tapping or clicking an acceptance button or checkbox; creating, activating, or signing in to user credentials; downloading, installing, or using a ServeLynx mobile application; or accessing or using the Service after receiving notice of this Agreement. Gennex may retain electronic evidence of your acceptance, including the Agreement version, date and time, user and account identifiers, IP address, and device or browser information, and such ordinary-course records are admissible evidence of acceptance to the maximum extent permitted by law.

1.3 Relationship to the Customer Agreement

The Customer's use of the Service is governed by the ServeLynx Terms of Service and related documents between Gennex and the Customer (the "Customer Agreement"). The Customer — not Gennex — controls your account, role, permissions, enabled features, and the data managed in the Customer's ServeLynx environment ("Customer Data"). If this Agreement conflicts with the Customer Agreement regarding Customer Data or the Customer account, the Customer Agreement controls between Gennex and the Customer. This Agreement governs your individual access and use.

1.4 Gennex is not your employer

Gennex provides software only. Gennex is not your employer, co-employer, staffing agency, payroll provider, or supervisor, and does not direct, control, or make decisions about your work, schedule, wages, discipline, evaluation, employment status, or workplace policies. Questions or disputes about your employment, pay, monitoring policies, or the Customer's use of information about you should be directed to the Customer. This Agreement does not govern, and does not require arbitration of, any dispute between you and the Customer.

1.5 Eligibility

You represent that you are at least the age of legal majority in your jurisdiction, that you have been authorized by a Customer to use the Service, and that you are using the Service for business purposes on behalf of that Customer and not as a personal, family, household, or consumer service.

2. Definitions

"App" means a ServeLynx mobile application for iOS or Android.

"Authorized User" means an individual whom a Customer authorizes to access or use the Service, such as an employee, technician, contractor, dispatcher, administrator, manager, or office worker.

"Company Parties" means Gennex and its members, managers, owners, officers, directors, employees, contractors, agents, Affiliates, licensors, suppliers, subprocessors, and service providers.

"Customer" means the business, organization, or person that subscribes to the Service and authorized your access.

"Customer Data" has the meaning given in the Customer Agreement and includes information submitted to, generated through, or managed in the Customer's account.

Other capitalized terms not defined here have the meanings given in the Customer Agreement or the ServeLynx Privacy Policy.

3. License Grant and Restrictions

3.1 Limited license

Subject to this Agreement and your continued authorization by the Customer, Gennex grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, including installing and using the App on a mobile device you own or control, solely to perform work for the Customer as an Authorized User during the period of your authorization.

3.2 Restrictions

You must not, and must not attempt to:

• copy, modify, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works of the Service, except to the limited extent a restriction is prohibited by applicable law;
• sell, rent, lease, sublicense, share, or provide your access or credentials to any other person;
• circumvent authentication, authorization, rate limits, permissions, suppression lists, billing, or security controls;
• probe, scan, penetration test, scrape, crawl, overload, or interfere with the Service or its infrastructure;
• introduce malware, harmful code, or excessive automated traffic;
• use the Service or its output to develop, train, benchmark, or support a competing product or service;
• remove or obscure proprietary notices, audit records, or branding; or
• use the Service unlawfully, fraudulently, deceptively, or beyond the scope of your authorization.

3.3 Acceptable use

Your use of the Service is also subject to the ServeLynx Acceptable Use Policy published with the Customer Agreement. Gennex may investigate suspected violations and may restrict features, revoke tokens or credentials, or suspend access when Gennex reasonably believes action is necessary to address abuse, legal risk, security risk, or harm.

4. Your Account, Credentials, and Security

You must provide accurate account and profile information and keep it current. You are responsible for maintaining the confidentiality of your password, one-time codes, and other credentials; for all activity conducted through your credentials; and for using any authentication controls required by Gennex or the Customer. You must not share credentials or use another person's credentials. You must promptly notify the Customer's administrator and [email protected] of any suspected unauthorized access, credential compromise, lost or stolen device used for the Service, or security incident. The Customer's administrators may create, configure, suspend, deactivate, or delete your account and may access information in the Customer's environment, including information associated with your account.

5. Location, Timekeeping, and Workforce Features — Acknowledgment

5.1 Your acknowledgment and choices

By accepting this Agreement and granting the applicable device permission, you acknowledge the collection, use, visibility, and retention of location information described above. You may manage location, camera, photo, notification, and other permissions in your device settings at any time; however, disabling a permission may limit or prevent related features, and your Customer may require certain features for your assigned work. Decisions about whether and how location and monitoring features are used in your workplace are made by the Customer, and questions about workplace monitoring, notices, or consent should be directed to the Customer.

5.2 Timekeeping records

Clock, break, travel, and work-session records in the Service are operational records. The Customer — not Gennex — is responsible for reviewing, correcting, approving, and retaining time records and for wage, overtime, break, and payroll compliance. Report timekeeping errors or discrepancies to the Customer.

5.3 Location limitations

GPS, mapping, and route information may be delayed, unavailable, or inaccurate due to permissions, hardware, battery settings, connectivity, buildings, operating-system restrictions, third-party map providers, or other conditions. Location features are not designed or guaranteed for emergency response, personal safety, navigation, payroll proof, or legal evidence.

6. Privacy and Data

6.1 Customer Data belongs to the Customer environment

Information you enter, upload, capture, or generate in the Service in the course of your work — including customer records, job records, notes, photos, signatures, documents, time records, and location records — becomes part of Customer Data. Gennex generally processes Customer Data as a service provider or processor on the Customer's behalf and under the Customer's instructions. The Customer is generally the party responsible for its decisions about that information.

6.2 Privacy Policy

The ServeLynx Privacy Policy describes how Gennex collects, uses, discloses, retains, and protects personal information, including mobile permissions, device information, communications, and information Gennex controls for its own purposes (such as security, support, and account administration). The Privacy Policy is incorporated into this Agreement by reference for its descriptions of Gennex's practices.

6.3 Account and data deletion

To request deletion of your user account or personal information, first contact your Customer's administrator, who controls accounts in the Customer's environment. If you cannot identify or contact the administrator, you may email [email protected] with the subject "ServeLynx Deletion Request." Deleting a user account does not necessarily delete business records created, entered, approved, signed, assigned, or processed by you; the Customer or Gennex may lawfully retain business records such as service records, invoices, time records, work-session and job-event location records, signatures, photos, communications, and audit logs, as described in the Privacy Policy and the public deletion notice at www.servelynx.com/account-deletion/.

6.4 Prohibited and sensitive data

Unless expressly authorized under a separate signed agreement between Gennex and the Customer, you must not enter, upload, photograph, or transmit through the Service: protected health information subject to HIPAA; Social Security numbers or complete government-identification numbers; full payment-card numbers or card security codes; bank-login credentials; biometric identifiers used for identification; or other regulated data requiring specialized controls. Do not place any of these in notes, attachments, forms, messages, AI prompts, or other general-purpose fields.

7. Safety

Do not interact with the Service or the App while driving, operating machinery or equipment, performing hazardous work, or in any circumstance where use would be unsafe or unlawful. Mapping and route features do not replace safe judgment, traffic laws, posted restrictions, or professional navigation tools. The Service is not an emergency, 911, life-safety, medical, or dispatch-of-last-resort service and must not be relied on for any use where a failure could reasonably cause death, personal injury, or severe property or environmental damage.

8. AI-Assisted Features

The Service may offer optional AI-assisted features that draft, summarize, or improve content such as service descriptions, notes, quotes, reports, or messages. AI output may be inaccurate, incomplete, outdated, biased, or unsuitable, and you and the Customer are responsible for reviewing, editing, and approving AI output before using or relying on it. Do not submit prohibited data described in Section 6.4, unnecessary personal information, or confidential third-party information to AI features. AI features may rely on third-party providers as described in the Privacy Policy.

9. Communications

Gennex or the Customer may send you operational communications related to the Service, such as authentication codes, assignment and schedule notifications, account notices, security notices, and support responses, by push notification, email, SMS/text, or in-app message. Message and data rates may apply. Where supported, you may opt out of SMS programs by replying STOP; opting out of optional messages does not prevent transactional, security, or account messages permitted or required by law, and disabling notifications may affect your ability to receive work assignments.

10. Updates, Suspension, and Termination

Gennex may update, modify, or discontinue the Service or the App and may require updates for security, compatibility, or continued operation; older versions may stop functioning. Gennex may suspend, restrict, or terminate your access at any time if Gennex reasonably believes action is necessary because of a security risk, suspected violation of this Agreement or the Acceptable Use Policy, unlawful activity, Customer instruction, or termination or suspension of the Customer's subscription. Your license ends automatically when your authorization from the Customer ends, when the Customer's subscription ends, or when this Agreement terminates, at which point you must stop using the Service and delete the App from your devices. Sections that by their nature should survive — including Sections 5 through 16 — survive termination.

11. Ownership and Feedback

Gennex and its licensors own all right, title, and interest in the Service, the App, Documentation, software, designs, workflows, templates, and related intellectual property. No rights are granted to you except the limited license in Section 3.1. If you provide suggestions, ideas, or feedback, Gennex may use, modify, and incorporate that feedback without restriction, attribution, or compensation, provided Gennex does not identify you without permission.

12. Disclaimers

EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT BETWEEN GENNEX AND THE CUSTOMER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, THE APP, DOCUMENTATION, MAPS, LOCATION DATA, TIME RECORDS, COMMUNICATIONS, AI FEATURES, OUTPUTS, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY PARTIES DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, ERROR-FREE OPERATION, AND DATA PRESERVATION. COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE, OR THAT GPS DATA, MAPS, TIME RECORDS, MESSAGE DELIVERY, OR AI OUTPUT WILL BE ACCURATE OR LEGALLY SUFFICIENT.

13. Limitation of Liability and No Personal Liability

13.1 Excluded damages and cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST WAGES, PROFITS, DATA, OPPORTUNITY, OR REPUTATION; OR DAMAGES ARISING FROM THE CUSTOMER'S EMPLOYMENT, PAYROLL, MONITORING, DISCIPLINARY, OR BUSINESS DECISIONS, OR FROM THIRD-PARTY SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL COMPANY PARTIES TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PERSONALLY PAID GENNEX FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

13.2 No personal liability of individuals

All obligations under this Agreement are solely obligations of Gennex IT Solutions LLC. No individual member, manager, owner, officer, director, employee, contractor, or agent of Gennex assumes personal liability solely because of that person's role or work for Gennex, and you agree not to pursue or name such an individual for a Gennex obligation, except for that individual's independent fraud or willful misconduct to the extent liability cannot lawfully be waived or limited.

13.3 Customer decisions

Gennex is not responsible for the Customer's decisions or conduct, including scheduling, assignments, monitoring practices, pay, discipline, termination, safety practices, or use of information from the Service.

14. Your Responsibility for Misuse

To the maximum extent permitted by law, you are responsible for, and will indemnify Company Parties against, third-party claims, losses, and reasonable costs (including reasonable attorneys' fees) to the extent arising from your fraud, willful misconduct, unlawful use of the Service, infringement or misuse of Gennex intellectual property, or material violation of this Agreement — excluding claims to the extent caused by Gennex's own breach of this Agreement or matters for which the Customer is responsible under the Customer Agreement.

15. Mobile Applications and App Stores

If you obtain the App through the Apple App Store, Google Play, or another marketplace, the marketplace terms also apply. This Agreement is between you and Gennex, not the marketplace provider, and Gennex, not the marketplace, is responsible for the App and support, subject to this Agreement. For an iOS App:

• the license is limited to Apple-branded products that you own or control, as permitted by Apple's usage rules, including Family Sharing and volume-purchase rules where applicable;
• Apple has no maintenance or support obligation;
• to the extent any warranty exists and the App fails to conform, you may notify Apple for any refund Apple is required to provide, and Apple has no other warranty obligation;
• Gennex, not Apple, is responsible for product claims and intellectual-property claims, subject to this Agreement;
• you represent that you are not located in an embargoed country and are not on a prohibited-party list;
• you must comply with applicable third-party service terms; and
• Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it.

16. Governing Law and Dispute Resolution With Gennex

16.1 Governing law

This Agreement is governed by Florida law, without regard to conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

16.2 Informal resolution first

Before initiating arbitration or litigation, the party with the dispute must send a written Notice of Dispute describing the facts, legal basis, and requested relief, and the parties must attempt in good faith to resolve the dispute for at least thirty (30) days. Notices to Gennex must be sent to [email protected] with the subject "LEGAL NOTICE - DISPUTE."

16.3 Individual arbitration

Except for claims eligible for small-claims court or a request for temporary or injunctive relief to protect intellectual property, confidential information, systems, security, or data, every dispute between you and Gennex arising out of or relating to this Agreement, the Service, or the App will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect for disputes involving an individual, or otherwise under its Commercial Arbitration Rules. One arbitrator will conduct the proceeding in English in Manatee County, Florida, remotely, or as the applicable rules provide for individual claimants. Arbitration fees will be allocated as provided by the applicable AAA rules. Judgment on the award may be entered in any court with jurisdiction.

16.4 Class and representative action waiver; jury waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NO ARBITRATION OR COURT PROCEEDING BETWEEN YOU AND GENNEX MAY PROCEED AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. FOR ANY DISPUTE PERMITTED TO PROCEED IN COURT, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. A court will decide the enforceability of this class-action waiver; the arbitrator decides all other threshold questions.

16.5 Venue and severability

A court proceeding permitted under this Section must be brought exclusively in a state court located in Manatee County, Florida, or the United States District Court having jurisdiction over Manatee County. If a portion of this Section is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue; if the class-action waiver is held unenforceable for a particular claim, that claim will proceed in court on an individual basis while arbitrable individual claims remain in arbitration.

17. General Terms

Gennex may update this Agreement to reflect Service changes, legal requirements, security risks, or business practices; the Last Updated date identifies the current version, and Gennex will provide notice of material changes by in-app notice, email, or re-acceptance prompt. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and contact your Customer administrator. You may not assign this Agreement; Gennex may assign it in connection with a merger, acquisition, financing, reorganization, or sale of assets. If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Failure to enforce a right is not a waiver. This Agreement, together with the ServeLynx Privacy Policy, the Acceptable Use Policy, and (as between Gennex and the Customer) the Customer Agreement, is the entire agreement between you and Gennex concerning your individual use of the Service. "Including" means "including without limitation." You consent to electronic contracting, records, signatures, and notices.

18. Contact

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