Lightfield Terms of Service

Please read these Terms of Service (the "Terms") and our Privacy Notice (https://lightfield.app/privacy) ("Privacy Notice") carefully because they govern your use of the website located at https://lightfield.app (the "Site") and the services accessible via the Site and corresponding web application ("App") offered by Magical Tome, Inc., a Delaware corporation doing business as Lightfield ("Lightfield"). To make these Terms easier to read, the Site, our services offered including our AI-enabled CRM platform and App are collectively called the "Services".

By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

(a) Use of the Services

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Lightfield, and not otherwise barred from using the Services under applicable law.

(b) Account Registration

For certain features of the Services, you'll need an account. It's important that you provide us with accurate, complete and current account information and keep this information up to date. If you don't, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You're responsible for all activities that occur under your account.

(c) Authorized Users

You will only allow the Services to be accessed and used by your employees or contractors who have been designated and authorized by you to be granted such access (each an "Authorized User") for the sole purpose of performing their job functions for you. Each account for the Services may only be accessed and used by the specific Authorized User for whom such account is created. The account credentials are confidential and cannot be shared or used by more than one person. You are responsible and liable for: (i) all actions taken under an Authorized User's credentials, whether or not such action was taken or authorized by the Authorized User; and (ii) all uses of the Services resulting from access provided by Lightfield, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Lightfield may process personal data about you and your Authorized User's use of the Services ("Account Data") in accordance with its Privacy Notice. Account Data is not Customer Files (as defined below) or Output.

We require a subscription to use our Services, which includes purchasing a monthly or annual subscription to access additional features and benefits (the "Subscription"), as further described below.

(a) General

If you purchase a Subscription (a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge your selected payment method for such Transaction. If you purchase a Subscription, Lightfield (or our third-party payment processor) will automatically charge you each month or each year based on the date of the commencement of your Subscription, using your selected payment method until you cancel your Subscription. If Lightfield cannot charge your selected payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and Lightfield will attempt to charge the payment method again as you may update its payment method information. If you fail to make any payment when due, late charges will accrue at the rate of 1.5% per month or, if lower, the highest rate permitted by applicable law and Lightfield may suspend Services until all payments are made in full. You are responsible for all sales, use, ad valorem and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, multinational or local governmental regulatory authority on any amount payable by you to Lightfield hereunder, other than any taxes imposed on Lightfield's income.

(b) Subscriptions

If you purchase a Subscription, you will be charged the monthly or annual Subscription fee per seat per Authorized User for the Services, plus any applicable taxes, and other charges (including any additional fees for exceeding seat limitations or for specific add-on features) ("Subscription Seat Fee") in accordance with this Section. At the beginning of your Subscription, you will pay the Subscription Seat Fee multiplied by the number of seats you select for the Services. If you add any new Authorized Users during your Subscription period, we will immediately charge you the pro rata portion of the Subscription Seat Fee for each additional Authorized User. If you remove any Authorized User during the Subscription period, we will issue you a pro rata credit of the Subscription Seat Fee for that Authorized User for your next Subscription period. For illustrative sample calculations, please see the Subscription page located at https://lightfield.app/pricing. Please note that any credits issued under this Section are not redeemable for cash or other monetary compensation, and if you remove an Authorized User during your last Subscription period, we will not issue any refunds for that Subscription period. You will have the opportunity to select whether the Subscription frequency is monthly or annually during the enrollment process. For an annual subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Lightfield will send you a reminder with the then-current Subscription Seat Fee. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

(c) Cancelling Subscription

YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION SEAT FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we'll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to support@lightfield.app. You will be responsible for all Subscription Seat Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

(a) Posting Content

Our Services may allow you to submit, transmit, upload, share or store content such as text (in posts, communications with others or for prompts for our Third-Party Services), files, emails, data, excel sheets, documents, graphics, images, music, software, audio and video. Anything (other than Derived Data (as defined below) and Feedback, as defined below) that you (or a third party acting on your behalf) post, generate or otherwise make available through the Services or Third-Party Services is referred to as "Customer Files". Lightfield does not claim any ownership rights in any Customer Files.

(b) Limited Permissions to Your Customer Files

(i) Limited License

By making any Customer Files available through the Services you hereby grant to Lightfield a non-exclusive, transferable, worldwide, royalty-free, sublicense (but only to service providers acting on our behalf) license to use, copy, distribute, host, store, update, organize, summarize, and transmit and display to you and your Authorized Users your Customer Files in connection with (A) operating and providing the Services to you and your Authorized Users, and creating Output and (B) internal research and development purposes, such as improving the Services. This license also includes a right for Lightfield to recast, transcode, adapt, crop, and otherwise modify the Customer Files as necessary to enable use of the Customer Files as part of Services (e.g., we may transcode an uploaded image into a format that will work most efficiently with the Services or our Third-Party Services may modify your Customer Files to generate Output). If and to the extent you retain any rights to the Output, such Output is included within the scope of the foregoing license.

(ii) Data Processing Addendum

Each party shall comply with the Data Processing Addendum attached hereto as Exhibit A, the terms of which are incorporated herein by reference.

(iv) Derived Data

We may develop or derive data or insights in deidentified or aggregated form from (i) your Customer Files; or (ii) your and/or your Authorized Users' use of the Services, including, without limitation, any usage data or trends with respect to the Services (collectively, "Derived Data").

(c) Your Responsibility for Customer Files

You are solely responsible for all your Customer Files. You represent and warrant that you have (and will have) all rights and consents that are necessary to grant us the license rights in your Customer Files under these Terms (including any consents necessary for recording or transcription of calls or meetings). You are solely responsible (i) for ensuring that the technology you use in connection with the Services is able to obtain all necessary consents, or (ii) for otherwise manually obtaining all necessary consents. You represent and warrant that neither your Customer Files, nor your use and provision of your Customer Files to be made available through the Services, nor any use of your Customer Files by Lightfield on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) Removal of Customer Files

You can remove your Customer Files by specifically deleting it. You should know that in certain instances, some of your Customer Files (such as prompts, posts or comments you make) may not be completely removed and copies of your Customer Files may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Customer Files.

(e) Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

(a) App License

If you comply with these Terms, Lightfield grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

(b) Additional Information: Apple App Store

This Section 6(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

You will not, and will ensure your Authorized Users will not, do any of the following:

(a) Use the Services in a manner that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable national, federal, state, local or international law or regulation or would give rise to civil liability; (iii) generates or disseminates fraudulent, verifiably false, misleading or deceptive information and/or content with the purpose of harming others; (iv) is defamatory, disparaging, harassing, threatening, obscene, pornographic, vulgar or offensive; (v) is intended to or has the effect of discriminating against or harming individuals or groups based on online or offline social behavior, known or predicted personal or personality characteristics, or legally protected characteristics or categories; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) is for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (viii) exploits any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; (ix) promotes illegal or harmful activities or substances; (x) generates or disseminates personal identifiable information that can be used to harm an individual; (xi) is for fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation; (xii) uses our Third Party Services to provide medical advice, medical results interpretation, financial advice or legal advice or opinion; (xiii) uses our Third Party Services to generate campaign materials in high volumes or (xiv) generates or disseminates information to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime (e.g., by text profiling, drawing causal relationships between assertions made in documents, or indiscriminate and arbitrarily targeted use);

(b) Use, display, mirror or frame the Services or any individual element within the Services, Lightfield's name, any Lightfield trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lightfield's express written consent;

(c) Access, tamper with, or use non-public areas of the Services, Lightfield's computer systems, or the technical delivery systems of Lightfield's providers;

(d) Attempt to probe, scan or test the vulnerability of any Lightfield system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lightfield or any of Lightfield's providers or any other third party (including another user) to protect the Services;

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lightfield or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Lightfield trademark, logo URL or product name without Lightfield's express written consent;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Violate any applicable law or regulation;

(p) Engage in any of the adversarial attacks set forth in the NIST AI 100-2 E2025 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2025.pdf;

(q) Utilize the Services (including any AI models or derivatives thereof), Output or any Lightfield documentation to train, improve or have trained or improved an AI model (e.g., engage in "model scraping" or "model distillation"), or use the Services, Output or Lightfield documentation for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services; or

(r) Encourage or enable any other individual to do any of the foregoing.

Lightfield is not obligated to monitor access to or use of the Services or to review or edit any Customer Files or Output. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Customer Files and/or Output, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

(a) Links to Third Party Websites or Resources

The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

(b) Third-Party Services and Linked/Embedded Content

Certain features and functionalities within the Services may allow you and your Authorized Users to interface or interact with, access and/or use compatible third-party services, products, AI or ML tools, or other technology and content (collectively, "Third-Party Services"). The Services may generate responses (each, "Output") in response to your interaction; and (ii) Customer Files (defined in these Terms) uploaded to influence the behavior or Output of the Services (collectively, "Input"). Lightfield facilitates provision of the Third-Party Services but only passes along the Output generated thereby. Lightfield is also not responsible for any compatibility issues, errors or bugs in the Services or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. The Third-Party Service's terms will govern the relationship between you and the vendor of such Third-Party Service, including without limitation, on allocating intellectual property rights and specific use requirements, and as between Lightfield and you, you are solely responsible for complying therewith. For example, some license terms and contractual provisions may limit the manner in which you are permitted to use the Output, such as to provide medical advice, medical results interpretation, financial advice or legal advice or opinion. You acknowledge sole responsibility for and assume all risk arising from, your use of any Third Party Services and the Output, including maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for you and your Authorized Users to use the Third-Party Services and Output. Lightfield is not responsible or liable for the Third-Party Service's terms or actions taken under the Third-Party Service's terms. Further, by using the Services, you acknowledge and agree that Lightfield is not responsible for examining or evaluating the content, quality, accuracy, completeness, availability, timeliness, reliability, validity, copyright compliance, legality, decency, or any other aspect of such Third-Party Services or Output. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services or Output.

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@lightfield.app. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 4, 5(b), 5(e), 7 and 9–14.

(a) Services Disclaimer

THE SERVICES AND THIRD-PARTY SERVICES ARE EACH PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOUR USE AND RELIANCE ON THE SERVICES AND THIRD-PARTY SERVICES IS AT YOUR OWN RISK, AND MAY RESULT IN UNEXPECTED RESULTS, PROJECT DELAYS OR OTHER UNPREDICTABLE DAMAGE OR LOSS. WE ARE ALSO NOT LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF OR RELIANCE ON THE OUTPUT. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the content, quality, accuracy, completeness, availability, timeliness, reliability, validity, copyright compliance, legality, decency, or any other aspect of any information or content on the Services or via the Third-Party Services.

(b) Artificial Intelligence Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT THE ACCURACY, QUALITY, AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT MAY BE DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE QUALITY OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, LIGHTFIELD WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM INPUT OR THE USE OF OUTPUT. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE THIRD PARTY SERVICES AND THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCOMPLETE, OFFENSIVE, INCONSISTENT, OR OTHERWISE UNDESIRABLE, OR IT MAY HALLUCINATE. Due to the nature of artificial intelligence and machine learning, Output may not be unique across users of the Services or Third-Party Services and the Services or Third-Party Services may generate the same or similar Output for you or a third party or different Output with the same prompt or other input.

You will indemnify and hold Lightfield and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, including the use of Third-Party Services and the Output, (b) your Customer Files, or (c) your violation of these Terms.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LIGHTFIELD NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIGHTFIELD OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIGHTFIELD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE FEES ACTUALLY PAID BY YOU TO LIGHTFIELD IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LIGHTFIELD, LESS ALL AMOUNTS PAID BY LIGHTFIELD TO YOU FOR ALL PAST CLAIMS UNDER OR RELATED TO THESE TERMS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIGHTFIELD AND YOU.

These Terms will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein.

(a) Reservation of Rights

Lightfield and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Lightfield and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Lightfield and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Lightfield's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Lightfield may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices

Any notices or other communications provided by Lightfield under these Terms will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Severability

If any provision of these Terms are held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect.

(e) Waiver of Rights

Lightfield's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lightfield. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

(f) Force Majeure

Neither party will be responsible for any failure or delay in the performance of its obligations under these Terms (except for any payment obligations) due to causes beyond its reasonable control, which may include, without limitation, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts, material changes in law, war, terrorism, riot or acts of God.

(g) Export Regulation

You affirm that you are not named on, owned by, or acting on behalf of any U.S. government denied-party list and you agree to comply fully with all relevant export control and sanctions laws and regulations of the United States ("Export Laws") to ensure that neither the Services, software, any Customer Files, nor any technical data related thereto is: (i) used, exported or re-exported directly or indirectly in violation of Export Laws; or (ii) used for any purposes prohibited by the Export Laws, including, but not limited to, nuclear, chemical or biological weapons proliferation, missile systems or technology or restricted unmanned aerial vehicle applications. You will complete all undertakings required by Export Laws, including obtaining any necessary export license or other governmental approval.

(h) U.S. Government End Users

The Services, software and any Lightfield documentation were developed solely at private expense and are "commercial products", "commercial items" or "commercial computer software" as defined in the Federal Acquisition Regulation 2.101 and other relevant government procurement regulations including agency supplements. Any use, duplication or disclosure of the Services, software and documentation by or on behalf of the U.S. government is subject to restrictions as set forth in these Terms as consistent with federal law and regulations. If these Terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, you will immediately discontinue use of the Services, software and documentation.

(i) Subcontracting

Lightfield may use subcontractors and other third-party providers ("Subcontractors") in connection with the performance of its obligations under these Terms as it deems appropriate; provided that Lightfield remains responsible for the performance of each such Subcontractor. Notwithstanding anything to the contrary in these Terms, with respect to any third-party vendors including any hosting (e.g., AWS) or payment vendors (e.g., Stripe), Lightfield will use commercially reasonable efforts to guard against any damages or issues arising in connection with such vendors, but will not be liable for the acts or omissions of such third-party vendors except to the extent that it has been finally adjudicated that such damages or issues are caused directly by the gross negligence or willful misconduct of Lightfield.

(j) No Third-Party Beneficiaries

Except as expressly provided in Section 6(b) with respect to Apple, no provision of these Terms is intended to confer any rights, benefits, remedies, obligations or liabilities hereunder upon any person other than you and Lightfield and your respective successors and assigns.

If you have any questions about these Terms or the Services, please contact Lightfield at:

Magical Tome, Inc. d/b/a Lightfield support@lightfield.app

This Data Processing Addendum (including its Attachments) ("Addendum") forms part of and is subject to the terms and conditions of Lightfield Terms of Service (the "Terms") by and between you ("Customer") and Lightfield.

Subject Matter. This Addendum reflects the parties' commitment to abide by Data Protection Laws concerning the Processing of Customer Personal Data in connection with Lightfield's execution of the Terms. All capitalized terms that are not expressly defined in this Addendum will have the meanings given to them in the Terms. If and to the extent language in this Addendum or any of its Attachments conflicts with the Terms, this Addendum shall control.

For the purposes of this Addendum, the following terms and those defined within the body of this Addendum apply.

"Customer Personal Data" means Customer Files, or Output generated from the Processing of Customer Files, that are Personal Data Processed by Lightfield on behalf of Customer to provide the Services.

"Data Protection Laws" means the applicable privacy and data protection laws, rules and regulations to which the Customer Personal Data are subject. "Data Protection Laws" may include, but are not limited to, the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act) ("CCPA"); the EU General Data Protection Regulation 2016/679 ("GDPR") and its respective national implementing legislations; the Swiss Federal Act on Data Protection; the United Kingdom General Data Protection Regulation; and the United Kingdom Data Protection Act 2018 (in each case, as amended, adopted, or superseded from time to time).

"Personal Data" has the meaning assigned to the term "personal data" or "personal information" under applicable Data Protection Laws.

"Process" or "Processing" means any operation or set of operations which is performed on Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.

"Security Incident(s)" means the breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data attributable to Lightfield.

"Subprocessor" means a vendor that Lightfield has engaged to Process Customer Personal Data.

Documented Instructions. Lightfield shall Process Customer Personal Data to provide the Services in accordance with the Terms, this Addendum, and any instructions agreed upon by the parties.

Authorization to Use Subprocessors. Customer authorizes Lightfield to engage Subprocessors. Customer acknowledges that Subprocessors may further engage vendors.

Lightfield and Subprocessor Compliance. Lightfield shall (i) enter into a written agreement with Subprocessors that imposes data protection requirements for Customer Personal Data on such Subprocessors that are consistent with this Addendum; and (ii) remain responsible to Customer for the Subprocessors' failure to perform their obligations with respect to the Processing of Customer Personal Data.

Right to Object to Subprocessors. Where required by Data Protection Laws, Lightfield will notify Customer by sending an email to the email address on file for Customer's account owner or administrator prior to engaging any new Subprocessors that Process Customer Personal Data, and allow Customer ten (10) days to object. If Customer has legitimate objections to the appointment of any new Subprocessor, the parties will work together in good faith to resolve the grounds for the objection.

Confidentiality. Any person authorized to Process Customer Personal Data must be subject to a duty of confidentiality, contractually agree to maintain the confidentiality of such information, or be under an appropriate statutory obligation of confidentiality.

Personal Data Inquiries and Requests. Where required by Data Protection Laws, Lightfield agrees to provide reasonable assistance and comply with reasonable instructions from Customer related to any requests from individuals exercising their rights in Customer Personal Data granted to them under Data Protection Laws.

Data Protection Assessment, Data Protection Impact Assessment, and Prior Consultation. Where required by Data Protection Laws, Lightfield agrees to provide reasonable assistance and information to Customer where, in Customer's judgement, the type of Processing performed by Lightfield requires a data protection assessment, data protection impact assessment, and/or prior consultation with the relevant data protection authorities.

Demonstrable Compliance. Lightfield agrees to provide information reasonably necessary to demonstrate compliance with this Addendum upon Customer's reasonable request.

California Specific Terms. To the extent that Lightfield's Processing of Customer Personal Data is subject to the CCPA, this Section shall also apply. Customer discloses or otherwise makes available Customer Personal Data to Lightfield for the limited and specific purpose of Lightfield providing the Services to Customer in accordance with the Terms and this Addendum. Lightfield shall: (i) comply with its applicable obligations under the CCPA; (ii) provide the same level of protection as required under the CCPA; (iii) notify Customer if it can no longer meet its obligations under the CCPA; (iv) not "sell" or "share" (as such terms are defined by the CCPA) Customer Personal Data; (v) not retain, use, or disclose Customer Personal Data for any purpose (including any commercial purpose) other than to provide the Services under the Terms or as otherwise permitted under the CCPA; (vi) not retain, use, or disclose Customer Personal Data outside of the direct business relationship between Customer and Lightfield; and (vii) unless otherwise permitted by the CCPA, not combine Customer Personal Data with Personal Data that Lightfield (a) receives from, or on behalf of, another person, or (b) collects from its own, independent consumer interaction. Customer may: (1) take reasonable and appropriate steps agreed upon by the parties to help ensure that Lightfield Processes Customer Personal Data in a manner consistent with Customer's CCPA obligations; and (2) upon notice, take reasonable and appropriate steps agreed upon by the parties to stop and remediate unauthorized Processing of Customer Personal Data by Lightfield.

Additional Processing Instructions. Where permitted by Data Protection Laws, Lightfield may Process Customer Personal Data: (i) to enhance the quality of Lightfield's products and services; (ii) to detect Security Incidents; and (iii) to protect against fraudulent or illegal activity.

Information Security Program. Lightfield shall implement and maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Personal Data.

Security Incidents. Upon becoming aware of a Security Incident, Lightfield agrees to provide written notice without undue delay and within the time frame required under Data Protection Laws to Customer. Where possible, such notice will include all available details required under Data Protection Laws for Customer to comply with its own notification obligations to regulatory authorities or individuals affected by the Security Incident.

Cross-Border Transfers of Customer Personal Data. Customer authorizes Lightfield and its Subprocessors to transfer Customer Personal Data across international borders, including from the European Economic Area, Switzerland, and/or the United Kingdom to the United States.

EEA, Swiss, and UK Standard Contractual Clauses. If Customer Personal Data originating in the European Economic Area, Switzerland, and/or the United Kingdom is transferred by Customer to Lightfield in a country that has not been found to provide an adequate level of protection under applicable Data Protection Laws, the parties agree that the transfer shall be governed by the Annex to the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council ("Standard Contractual Clauses") as supplemented by Attachment 1 attached hereto, the terms of which are incorporated herein by reference. Where the Standard Contractual Clauses are applicable and Customer acts as a controller of Customer Personal Data with Lightfield acting as a processor of Customer Personal Data, each party shall comply with its obligations under Module Two of the Standard Contractual Clauses. Where the Standard Contractual Clauses are applicable and Customer acts as a processor of Customer Personal Data with Lightfield acting as a (sub)processor of Customer Personal Data, each party shall comply with its obligations under Module Three of the Standard Contractual Clauses. Each party's execution of the Terms shall be considered a signature to the Standard Contractual Clauses to the extent that the Standard Contractual Clauses apply hereunder.

Audits and Assessments. Where Data Protection Laws afford Customer an audit or assessment right, Customer (or its appointed representative) may carry out an audit or assessment of Lightfield's policies, procedures, and records relevant to the Processing of Customer Personal Data by having Lightfield complete a data protection questionnaire of reasonable length. Any audit or assessment must be: (i) conducted during Lightfield's regular business hours; (ii) with reasonable advance notice to Lightfield; (iii) carried out in a manner that prevents unnecessary disruption to Lightfield's operations; and (iv) subject to reasonable confidentiality procedures. In addition, any audit or assessment shall be limited to once per year, unless an audit or assessment is carried out at the direction of a government authority with jurisdiction over the Processing of Customer Personal Data.

Customer Personal Data Deletion. At the expiry or termination of the Terms, Lightfield will delete all Customer Personal Data (excluding any back-up or archival copies which shall be deleted in accordance with Lightfield's data retention schedule), except where Lightfield is required to retain copies under applicable laws, in which case Lightfield will isolate and protect that Customer Personal Data from any further Processing except to the extent required by applicable laws.

Subject Matter. The subject matter of the Processing is the Services pursuant to the Terms.

Duration. The Processing will continue until the expiration or termination of the Terms.

Categories of Data Subjects. Data subjects whose Customer Personal Data will be Processed pursuant to the Terms.

Nature and Purpose of the Processing. The purpose of the Processing of Customer Personal Data by Lightfield is the performance of the Services.

Types of Customer Personal Data. Customer Personal Data that is Processed pursuant to the Terms.

This Attachment 1 forms part of the Addendum and supplements the Standard Contractual Clauses. Capitalized terms not defined in this Attachment 1 have the meaning set forth in the Addendum.

The parties agree that the following terms shall supplement the Standard Contractual Clauses:

Supplemental Terms. The parties agree that: (i) a new Clause 1(e) is added the Standard Contractual Clauses which shall read: "To the extent applicable hereunder, these Clauses also apply mutatis mutandis to the Parties' processing of personal data that is subject to the Swiss Federal Act on Data Protection. Where applicable, references to EU Member State law or EU supervisory authorities shall be modified to include the appropriate reference under Swiss law as it relates to transfers of personal data that are subject to the Swiss Federal Act on Data Protection."; (ii) a new Clause 1(f) is added to the Standard Contractual Clauses which shall read: "To the extent applicable hereunder, these Clauses, as supplemented by Annex III, also apply mutatis mutandis to the Parties' processing of personal data that is subject to UK Data Protection Laws (as defined in Annex III)."; (iii) the optional text in Clause 7 is deleted; (iv) Option 1 in Clause 9 is struck and Option 2 is kept, and data importer must notify data exporter of any new subprocessors in accordance with Section 3.4 of the Addendum; (v) the optional text in Clause 11 is deleted; and (vi) in Clauses 17 and 18, the governing law and the competent courts are those of Ireland (for EEA transfers), Switzerland (for Swiss transfers), or England and Wales (for UK transfers).

Annex I to the Standard Contractual Clauses shall read as follows:

A. List of Parties

Data Exporter: Customer. Address: As set forth in the Notices section of the Terms. Contact person's name, position, and contact details: As set forth in the Notices section of the Terms. Activities relevant to the data transferred under these Clauses: The Services. Role: Controller (Module Two); Processor (Module Three).

Data Importer: Lightfield. Address: As set forth in the Terms. Contact person's name, position, and contact details: As set forth in the Notices section of the Terms. Activities relevant to the data transferred under these Clauses: The Services. Role: Processor.

B. Description of the Transfer

Categories of data subjects whose personal data is transferred: Data importer may submit personal data in the course of using the Services, the extent of which is determined and controlled by data exporter in data exporter's sole discretion, and which may include, but is not limited to, personal data relating to prospects, clients, and personnel of data exporter.

Categories of personal data transferred: Data exporter may submit personal data to the Services, the extent of which is determined and controlled by data exporter in data exporter's sole discretion, and which may include but is not limited to, name, email address, phone number, and professional details.

Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures: To the parties' knowledge, no sensitive data is transferred.

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis): Personal data is transferred in accordance with the standard functionality of the Services, or as otherwise agreed upon by the parties.

Nature of the processing: The Services.

Purpose(s) of the data transfer and further processing: The Services.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: Data importer will retain personal data in accordance with the Addendum.

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing: For the subject matter, nature, and duration as identified above.

C. Competent Supervisory Authority

The supervisory authority mandated by Clause 13. If no supervisory authority is mandated by Clause 13, then the Irish Data Protection Commission (DPC), and if this is not possible, then as otherwise agreed by the parties consistent with the conditions set forth in Clause 13.

D. Clarifying Terms

The parties agree that: (i) the certification of deletion required by Clause 8.5 and Clause 16(d) of the Clauses will be provided upon data exporter's written request; (ii) the measures data importer is required to take under Clause 8.6(c) of the Clauses will only cover data importer's impacted systems; (iii) the audit described in Clause 8.9 of the Clauses shall be carried out in accordance with Section 7 of the Addendum; (iv) the termination right contemplated by Clause 14(f) and Clause 16(c) of the Clauses will be limited to the termination of the Clauses; (v) unless otherwise stated by data importer, data exporter will be responsible for communicating with data subjects pursuant to Clause 15.1(a) of the Clauses; and (vi) the information required under Clause 15.1(c) of the Clauses will be provided upon data exporter's written request.

Annex II of the Standard Contractual Clauses shall read as follows:

Data importer shall implement and maintain technical and organisational measures designed to protect personal data in accordance with the Addendum.

Pursuant to Clause 10(b), data importer will provide data exporter assistance with data subject requests in accordance with the Addendum.

A new Annex III shall be added to the Standard Contractual Clauses and shall read as follows:

The UK Information Commissioner's Office International Data Transfer Addendum to the EU Commission Standard Contractual Clauses ("UK Addendum") is incorporated herein by reference.

Table 1: The start date in Table 1 is the effective date of the Addendum. All other information required by Table 1 is set forth in Annex I, Section A of the Clauses.

Table 2: The UK Addendum forms part of the version of the Approved EU SCCs which this UK Addendum is appended to including the Appendix Information, effective as of the effective date of the Addendum.

Table 3: The information required by Table 3 is set forth in Annex I and II to the Clauses.

Table 4: The parties agree that Importer may end the UK Addendum as set out in Section 19.