End User License Agreement

RigPark App End User License Agreement

Last Revised: May 10, 2021

This End User License Agreement (this “Agreement”) is between you and Predictive
Logistics, Inc. d/b/a RigPark (the “Company”, “us” or “our”) and governs the license and use of
the wireless phone applications written or marketed by the Company and made available through
directly by the Company or by or through the Apple App Store, Google Playstore, or any other
on-line app store, to you (collectively, the “Company Apps” and each individually, a “Company
App”), including, but not limited to, RigPark App. By installing a Company App, you agree to
be bound by this Agreement. This End User License Agreement includes limitation of
liability, arbitration, a waiver of class actions, right to jury provisions, and consent to
contact via text, SMS, or by automatic dialer. If you do not agree with the terms and
conditions of this Agreement, do not install or use any of the Company Apps and you are
not licensed to download nor entitled to use the Company Apps.

This Agreement is between you and the Company only, and not Apple, Inc. (“Apple”),
Google, Inc. (“Google”), or the owners or operators of any other app platform (“Other App
Provider”). Notwithstanding the foregoing, you acknowledge that Apple, Google, and any Other
App Provider and their subsidiaries are third party beneficiaries of this Agreement and Apple,
Google, and any Other App Provider have the right to enforce this Agreement against you. The
Company, not Apple, Google, or Other App Provider is solely responsible for the Company
Apps and their content.

Company Apps Are Not to be Used While Driving

Using mobile devices while driving entail a substantial risk of property and personal
injury and you acknowledge and agree that using the Company Apps while driving involve a
substantial risk of causing injury or death and the Company Apps are not intended to be used
while the user is driving. Accordingly, you agree that the Company Apps cannot be used, and
you agree that you shall not use the Company Apps, while the vehicle you are in is in motion and
you assume all liability which might result from using the Company Apps while a vehicle you
are in is in motion. You agree to waive any claims to the contrary and you shall indemnify,
defend and hold the Company harmless from any claims, liability, damages, or suits related to
your use of the Company Apps.

Dispute Resolution and Arbitration. 

We each agree that, except as provided below, any and all claims or Disputes
between you and us, in any way related to or concerning the Company Apps, this
Agreement, our Privacy Policy or Services will be resolved by binding arbitration. This
includes any claims against other parties relating to the Company Apps or Services provided,
licensed or billed to you. "Dispute" shall be given the broadest possible meaning and shall
include any dispute, claim, or controversy arising from or relating to the Company Apps, this
Agreement or the license or use of the Company Apps, including but not limited to: (1) all claims
for relief and all theories of liability, whether based in contract, tort, statute, regulation, ordinance, fraud, or misrepresentation; (2) all disputes regarding the validity, enforceability or
scope of this arbitration agreement (with the exception of its class action waiver); (3) all disputes
that arose before this Agreement; (4) all disputes that arise after the termination of this
Agreement; and (5) all disputes that are the subject of a putative class action in which no class
has been certified. References in this provision to “us” include our parents, subsidiaries,
affiliates, predecessors, successors, and assigns and our and their directors, officers, employees
and agents. References in this provision to "you" include all beneficiaries of this Agreement and
all users of the Company Apps.

If you do not wish to be bound by this arbitration agreement, you must notify us via electronic
mail at info@rigpark.com within 30 days of downloading the first Company App. Your written
notification to us must include your full name and must clearly state that you do not wish to be
bound by this arbitration agreement. Your decision to opt out of this arbitration agreement will
not adversely affect your license of or your ability to use the Company Apps.

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to
resolve your claim by sending a written description of your claim via electronic mail to
info@rigpark.com. We each agree to negotiate your claim in good faith. If we are unable to
resolve the claim within 60 days after we receive your claim description, you may pursue your
claim in arbitration.

Notwithstanding any provision in this Agreement to the contrary, if we change this arbitration
agreement, you may reject the change without terminating or adversely affecting your ability to
use the Company Apps by notifying us via electronic mail to info@rigpark.com within 30 days
of the date of the change notice. If you do, you shall arbitrate any Dispute in accordance with the
terms of this arbitration agreement. If you do not, you will be bound by the changes.

Because this Agreement and your use of the Company Apps concern interstate commerce, this
arbitration agreement shall be governed by the Federal Arbitration Act ("FAA").

The party initiating arbitration must use:

American Arbitration Association (“AAA”)
335 Madison Avenue,
Floor 10
New York, NY 10017
1-800-778-7879
www.adr.org 

Copies of their respective rules for consumer disputes and forms and instructions for initiating
arbitration may be obtained by contacting them or visiting their websites. Any arbitration shall
be conducted pursuant to the arbitration administrator's rules for consumer disputes in effect
when the arbitration is initiated except to the extent they are inconsistent with this arbitration
agreement. If the arbitration administrator will not enforce this arbitration agreement as written,
the parties shall agree on or mutually petition a court of competent jurisdiction to appoint a
substitute arbitration administrator who will do so. The arbitrator shall enforce contractual,
statutory and other limitation periods and shall honor claims of privilege recognized at law.
Judgment upon any arbitration award may be entered in any court having jurisdiction.

If we initiate the arbitration, we will notify you at any electronic e-mail address we may have for
you. If you initiate the arbitration, you must notify us via electronic mail at info@rigpark.com.

If your Dispute does not exceed $10,000, we will promptly reimburse your filing fee and will
pay the arbitrator’s other fees, costs and expenses. (If you cannot pay the filing fee, you may
request that we pay the filing fee directly.) If, however, the arbitrator finds that your Dispute is
frivolous or brought for an improper purpose, you shall reimburse the filing fee to us and the
payment of the arbitrator’s others fees, costs and expenses shall be governed by the arbitration
administrator’s rules.

You may hire an attorney to represent you in the arbitration proceeding and may recover your
reasonable attorneys’ fees and costs in arbitration to the same extent as you could in court if the
arbitration proceeding is decided in your favor. We may hire an attorney to represent us in the
arbitration proceeding but waive any right to recover our attorneys’ fees and costs if the
arbitration proceeding is decided in our favor.

Unless you and we agree otherwise in writing, any arbitration hearings will be held in the county of your then-current account address or (if your account is closed) the last address at which we contacted you.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or the Company may start arbitration proceedings. You must send a letter
requesting arbitration and describing your claim to our electronic mail address of
info@rigpark.com to begin arbitration. For claims less than $75,000, the AAA’s Supplementary
Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s
Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by
calling 1-800-778-7879. Upon filing of the arbitration demand, we will pay all filing,
administration and arbitrator fees for claims that total less than $75,000. For claims that total
more than $75,000, the payment of filing, administration and arbitrator fees will be governed by
the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any
relief that would be available in a court, including injunctive or declaratory relief and attorneys’
fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in
good faith as required above before initiating arbitration, if the arbitrator finds that you are the
prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees
and costs. Except for claims determined to be frivolous, we agree not to seek an award of
attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out requirements above.

JURY TRIAL WAIVER. If a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER THAN A JUDGE OR JURY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY NAMED IN THE ARBITRATION PROCEEDING AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

Unless otherwise provided by applicable law, or otherwise in this Agreement, neither party has the right to bring a Dispute or other legal action under this Agreement more than one (1) year after the Dispute arose.

Privacy

The Company through the Company Apps, websites, and otherwise, collects information about you, including, but not limited to, certain types of information from and about your device, your truck type. License plate number, type of truck, geographic location, and other personal information collected while using the Company Apps. The Company may use this information and the Company may provide or sell such personal information to third parties.  Any such use shall be subject to the then current Company’s Privacy Policy which can be found at https://www.rigpark.com/privacy-policy/.

Limited License

In exchange for your agreement to use the Company App, and your agreement to the limitation
of liability, arbitration, and waiver of class action and jury trial provisions, the Company grants
you a limited, non-exclusive, non-transferable, revocable license to use such Company App for
your personal, non-commercial purposes on your Apple and Android devices in the United
States, but not while driving. You may only use a Company App on Apple and Android devices
that you own or control and as permitted by the App Store, Google Playstore, or Other App
Provider Terms of Service.

Age Restrictions

By using a Company App, you represent and warrant that (a) you are 17 years of age or older
and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have
obtained verifiable consent from a parent or legal guardian; and (c) your use of such Company
App does not violate any applicable law or regulation. Your access to a Company App may be
terminated without warning if the Company believes, in its sole discretion, that you are under the
age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you
are a parent or legal guardian and you provide your consent to your child’s use of a Company
App, you agree to be bound by this Agreement in respect to your child’s use of such Company
App.

“AS-IS” Warranty

THE COMPANY APPS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTIES OF
ANY KIND, INCLUDING ANY IMPLIED WARRANTIES, AND THE COMPANY
DISCLAIMS ALL WARRANTIES ABOUT THE COMPANY APPS, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, TO YOU IN CONNECTION WITH,
ARISING OUT OF, OR RELATING TO YOUR USE OF THE COMPANY APPS TO
THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT
INTERRUPTIONS IN OPERATION OF THE COMPANY APPS MAY OCCUR FROM
TIME TO TIME AND AGREE TO HOLD THE COMPANY HARMLESS FOR ALL
SUCH INTERRUPTIONS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR
ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY DAMAGE SUSTAINED
BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE COMPANY APPS.  To the extent any warranty exists under law that cannot be disclaimed, the Company, not Apple
or Google, shall be solely responsible for such warranty; provided, however, that the Company’s
sole obligations, and your exclusive remedy, under such warranty, if any, and your sole remedy
for any breach of such warranty, shall be to repair to replace any defective application. You
agree to provide the Company with any information that you may have regarding the
performance of the Company Apps.

Maintenance and Support

The Company may, but is not obligated to, provide minimal maintenance or support for the
Company Apps and, to the extent that any maintenance or support is required by applicable law,
the Company, not Apple, shall be obligated to furnish any such maintenance or support.

Exclusive Remedy; Waivers and Limitations of Liability. 

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR A FAILURE OF
ANY COMPANY APP, ANY SERVICE PROVIDED TO YOU, OR OUR FAILURE TO
PERFORM HEREUNDER, SHALL BE YOUR RIGHT TO HAVE THE COMPANY
REPROVIDE SUCH COMPANY APP OR RE-PERFORM SUCH SERVICE. UNLESS
THE EXCLUSIVE REMEDY SET FORTH IN THE PREVIOUS SENTENCE IS
PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO LIMIT CLAIMS FOR
DAMAGES OR OTHER MONETARY RELIEF AGAINST THE COMPANY, TO THE
LESSER OF: (A) YOUR DIRECT DAMAGES; OR (B) THE AMOUNTS YOU HAVE
PAID THE COMPANY FOR SERVICES. AS A MATERIAL PART OF THE
CONSIDERATION PAID BY YOU FOR THE LICENSE AND USE OF A COMPANY
APP AND ANY SERVICES PROVIDED BY THE COMPANY UNDER THIS
AGREEMENT USING THE COMPANY APPS, AND NOTWITHSTANDING ANY
OTHER PROVISION HEREOF, THE COMPANY AND YOU AGREE THAT UNDER
NO CIRCUMSTANCE IS EITHER PARTY, NOR SHALL EITHER PARTY BE,
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, TREBLE,
PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING
OUT OF, RELATED TO, OR IN CONNECTION WITH, THE COMPANY APPS OR

THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF
BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES, TO THE
FULLEST EXTENT THE SAME MAY BE DISCLAIMED BY LAW. THIS MEANS
THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS EXCLUSIVE
REMEDY, LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS EITHER
PARTY MAY BRING AGAINST THE OTHER PARTY TO THE EXTENT THAT IT
WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. THIS
LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF
LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF
CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY
OTHER THEORY. YOU AGREE THAT THE FOREGOING ALLOCATION OF RISK
SHALL, IN THE EVENT OF THE COMPANY’S INABILITY, DESPITE GOOD FAITH
EFFORTS, TO PROVIDE A WORKING APPLICATION OR ANY SERVICE, REMAIN
IN EFFECT REGARDLESS OF WHETHER THE EXCLUSIVE REMEDIES
PROVIDED FOR UNDER THIS SECTION THEN SATISFY THE ESSENTIAL
PURPOSES FOR WHICH THEY WERE INTENDED, OR OTHERWISE PROVIDE
YOU WITH A FAIR QUANTUM OF RELIEF.

You also agree that the Company is not responsible for any damages resulting from: (a) any
action or omission by a third party; (b) providing or failing to provide a working app any
services; (c) traffic or other accidents, or any health-related claims relating to the use of the
Company Apps; (d) data content or information accessed while using the Company Apps; (e)
interrupted, failed, or inaccurate location information services; or (f) damage to your wireless
device or any computer or equipment connected to your wireless device, or damage to or loss of
any information stored on your wireless device, computer, or equipment, from your download
and use of a Company App or your use of the services or from viruses, worms, or downloads of
malicious content, materials, data, text, images, video or audio. You agree the Company is not
responsible for problems caused by you or others, or by any act of God or other events beyond
our control, including acts of God (for example, weather-related phenomena, fire, earthquake,
hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement
appropriate safeguards to secure your wireless device, computer or equipment and to back-up
your information stored on each.

Product Claims

The Company, not Apple, Google, nor Other App Provider, is responsible for addressing any
claims by you relating to the Company Apps or your use of them, including, but not limited to:
(i) any product liability claim; (ii) any claim that the Company Apps fail to conform to any
applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection
or similar legislation. Nothing in this Agreement shall be deemed an admission that you may
have such claims. You shall not have any claims unless you have notified the Company in
advance of such claims and give the Company the opportunity to repair or replace the subject
Company App.

Third Party Intellectual Property Claims

The Company Apps are provided without any warranty of any kind regarding claims by third
parties regarding infringement of their intellectual property. The Company shall not be obligated
to indemnify or defend you with respect to any third party claim arising out, in connection with,
or relating to, the Company Apps. To the extent the Company is required to provide
indemnification to you by applicable law, such liability shall be limited to the purchase price
paid by you for the use of the subject Company App, and the Company, not Apple, Google, nor
Other App Provider, shall be solely responsible for the investigation, defense, settlement and
discharge of any claim that any Company App or your use of it infringes any third party
intellectual property right.

Contact Methods

We may contact you at any mailing address, wireless or other telephone number, or any
other electronic address, that you have provided to us for any purpose, including marketing, and
in any manner permitted by law. You expressly and explicitly authorize and consent to our
contacting you at any time and for any purpose, including marketing, via electronic mail (e-
mail), telephone, text message (SMS), multimedia messaging service (MMS), automatic
dialing/texting, and prerecorded voice. You agree to notify us promptly if you can no longer be
reached at a contact number or address you provided to us and/or if you change your contact
number or address. You represent that you have received the consent of any authorized users and
other users on your account to be contacted by us as described herein. You agree that all consents
provided herein will survive the expiration or cancellation of your Sublicense and account. This
consent for marketing communications is not required for the Sublicense. If at any time you
want to stop us from contacting you for marketing purposes or otherwise via any of these
methods, you may do so by sending an e-mail to info@rigpark.com.

Miscellaneous

This Agreement shall be construed in accordance with the domestic laws of the State of Georgia,
excluding its conflicts of laws principles. Waiver by either party of any default by the other
party shall not be deemed a waiver by such party of any other default. The terms and conditions
contained in this Agreement that by their sense and context are intended to survive the
performance hereof by either or both parties hereunder shall so survive the termination,
cancellation, or completion of performance of this Agreement. This Agreement, together with
the Privacy Policy, constitutes the entire agreement between the parties with respect to the
subject matter herein and supersedes all prior and contemporaneous agreements, understandings
or arrangements, whether oral, written or otherwise. No provision of this Agreement shall be
deemed waived, amended or modified by either party, unless such waiver, amendment or
modification is in writing and signed by the authorized representative of the party against whom
it is sought to enforce such waiver, amendment or modification.