Terms of
Service.

1. Introduction

Welcome to https://www.mypgsolutions.com (the "Website"), which is owned and operated by Peng Data Solutions, LLC ("Peng Data," "we," "our," or "us"). These Terms of Service (these "Terms") govern your access to and use of the Website, as well as any services, features, content, or applications provided by Peng Data (collectively, the "Services").

By accessing or using the Website or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or the Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In that case, "you" and "your" refer to that entity.

2. Definitions

"Platform" means Peng Data's partner automation software, including referral, affiliate, and partner program management tools, APIs, dashboards, and related technologies.

"User" means any individual or entity that accesses the Website or uses the Services.

"Customer" means a User that has entered into a separate subscription agreement or order with Peng Data to use the Platform.

3. Use of the Website and Services

You agree to use the Website and Services only for lawful purposes and in compliance with these Terms. You agree not to:

• Use the Website or Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Use any robot, spider, data scraper, or other automated means to access the Website or Services for any purpose without our express written permission.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful materials.
• Attempt to reverse engineer, decompile, or disassemble any software or technology used to provide the Website or Services.

4. Intellectual Property

The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, as well as their design, selection, and arrangement) are owned by Peng Data, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Peng Data name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Peng Data or its affiliates. You may not use such marks without the prior written permission of Peng Data.

5. Privacy and Data Protection

Your use of the Website and Services is also governed by our Data Processing Addendum ("DPA"), which is available at https://www.mypgsolutions.com. The DPA describes how we collect, use, and protect personal information. By using the Website or Services, you consent to the practices described in the DPA. Peng Data is committed to maintaining the security and confidentiality of your data.

6. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PENG DATA AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER PENG DATA NOR ITS AFFILIATES REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENG DATA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER OR NOT FORESEEABLE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Peng Data and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services.

9. Changes to These Terms

Peng Data reserves the right to revise and update these Terms at any time in its sole discretion. All changes are effective immediately upon posting and apply thereafter to all access and use of the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically to stay informed of any changes, as they are binding on you.

10. Termination

We may, without prior notice, terminate or suspend your access to all or part of the Website or Services for any conduct that we, in our sole discretion, believe violates these Terms, any applicable law, or is harmful to other users, third parties, or the interests of Peng Data.

11. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms shall continue in full force and effect.

12. Entire Agreement

These Terms, together with any subscription agreement and the Data Processing Addendum, constitute the sole and entire agreement between you and Peng Data with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

13. Contact Information

If you have any questions about these Terms, please contact us at: