HUSSLE PLATFORM – End User Agreement
As of April 9, 2026
THIS AGREEMENT GOVERNS YOUR USE OF ONE OR MORE SERVICES OF SW DIRECT SALES LLC dba HUSSLE TECHNOLOGY (“HUSSLE”). IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR CONTINUEING USE OF THE PLATFORM, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services if You are a competitor of Hussle, except with Hussle’s prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This Agreement was last updated on the date set forth above. It is effective between You and Us as of the date of You accepting this Agreement. We may amend the Terms of Service at any time, as required by applicable laws or regulations, or as we determine necessary to ensure the effective operation or improvement of the Services, with notice that we deem reasonable under the circumstances. Such notice may be provided by posting the Revised Version on our website or communicating it to you through the Services (each a ‘Revised Version’). The Revised Version will become effective as of the time it is posted, unless otherwise specified. Your continued use of the Services after the Revised Version is posted constitutes your acceptance of the updated Terms of Service.
These Terms of Use incorporate by reference:
- the Hussle Privacy Policy (https://hussle.tech/privacy-policy/);
- the Hussle Terms of Sale (https://hussle.tech/terms-of-sale/);
- the Hussle Data Processing Agreement (https://hussle.tech/data-processing-agreement/); and
In the event of any conflict, the order of priority by the Data Processing Agreement, the Terms of Sale, and then these Terms of Use.
1. DEFINITIONS
1.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than fifty per cent (50%) of the voting interests of the subject entity.
1.2. “Agreement” means these Terms of Service (as updated), and any agreements incorporated herein by reference
1.3. “Beta Services” means features or services identified by Us as beta, pilot, preview, early access, or not generally available.
1.4. “Documentation” means Our online user guides, documentation, and help and training materials, as updated from time to time, and as We make accessible to You.
1.5. “Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
1.6. “Non-Hussle Applications” means a Web-based or offline software application that is provided by You or a third party and interoperates with a Service, including, for example, an application that is developed by or for You.
1.7. “Services” means the online software products and services ordered by You and made available by Us, including any associated offline components and related Documentation. Services exclude Your Content, Your Data, and Non-Hussle Applications.
1.8. “User” means an individual authorized by You to access or use the Services, including an employee, contractor, or agent of Yours
1.9 “Hussle Applications” means Our website, platform or any applications provided by Us and through which Our Services are accessed or used by Users.
1.10. “Hussle Content” means all information provided by Us, whether generated by Us, obtained by Us from Our content licensors, or obtained by Us from publicly available sources, and which information is provided to You.
1.11. “Hussle Live” means our online webinar, livestream, recording, and related interactive video features, if any
1.12. “We,” “Us“, “Hussle” or “Our” means SW Direct Sales LLC dba Hussle Technology, and, where applicable, its Affiliates.
1.13. “You” or “Your” means the company or other legal entity for which You are accepting this Agreement, and Affiliates of that company or entity.
1.14. “Your Content” means information, materials, files, text, images, audio, video, code, or other content submitted to or transmitted through the Services by You or Your Users
1.15. “Your Data” means electronic data and information submitted to or collected through the Services by or for You or Your Users, excluding Hussle Content and Non-Hussle Applications
2. OUR RESPONSIBILITIES
2.1. Services. We will make the Services and Hussle Content available in accordance with this Agreement and use commercially reasonable efforts to maintain availability, excluding planned maintenance, emergency maintenance, Beta Services, and downtime caused by circumstances beyond Our reasonable control.
2.2. Protection of Your Data. We will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Your Data in accordance with the applicable Data Processing Agreement.
2.3. Our Personnel. We remain responsible for the acts and omissions of our employees and contractors in connection with performance of this Agreement.
2.4. Beta Services. From time to time, We may invite You to try Beta Services at no charge. You may accept or decline any such trial in Your sole discretion. Beta Services are for evaluation purposes and not for production use, are not considered “Services” under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of, one year from the trial start date, the date that a version of the Beta Services becomes generally available, or the date, We, in Our sole discretion, decide to discontinue such Beta We may never make any Beta Services generally available and shall have no liability for any harm or damage arising out of or in connection with a Beta Service, Your use of a Beta Service, or the discontinuance thereof.
3. USE OF SERVICES AND HUSSLE CONTENT
3.1. Your Responsibilities. You are responsible for: (a) the accuracy, quality, legality, and means of acquisition of Your Data; (b) maintaining the confidentiality of account credentials; (c) ensuring Users comply with this Agreement; and (d) providing any information, access, approvals, or third-party accounts reasonably required for implementation or operation of the Services.
3.2. Recordings. To the extent we offer the ability to record your webinars, live streams, or any activity using Hussle’s Live features, You are solely responsible for compliance with all applicable recording laws, including but not limited to obtaining all necessary consents from participants. You agree to indemnify, defend, and hold Hussle harmless from any claims arising from Your failure to comply with such laws. By using Hussle’s Live features, you are giving us consent to store recordings for any or all webinars that you join, if such recordings are stored in our system, and You grant Hussle a perpetual, worldwide, royalty-free license to use, store, and process such recordings for purposes of providing and improving the Services.
3.3. External-Facing Services. If You subscribe to a Service for creation and hosting of external facing websites, You will comply with and be solely responsible for complying with Our policies as implemented from time to time, as well as applicable law in any use of cookies or other tracking technologies on such websites.
3.4. Removal of Content and Non-Hussle Applications. If We are required by a licensor to remove Your Content, or receive information that Your Content may violate applicable law or third-party rights, We may so notify You and in such event You will promptly remove such Content from Your systems. If We receive information that a Non-Hussle Application hosted on a Service by You may violate Our policies or applicable law or third-party rights, We may so notify You and in such event You will promptly disable such Non-Hussle Application or modify the Non-Hussle Application to resolve the potential If We determine, in Our sole discretion, that any Content violates applicable laws or third-party rights, We may disable the applicable Content, Service and/or Non-Hussle Application without prior notice, until the potential violation is resolved.
3.5. System Requirements. Use of the Services requires one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
3.6. Feature Additions and Platform Enhancements. Hussle may, at any time and in its sole discretion, add or modify features across any portion of the Services. Enhancements may be included in existing services or introduced as optional enhanced features.
4. NON-HUSSLE PROVIDERS
4.1. Third-Party Products and Services. The Services may interoperate with third-party products, services, integrations, applications, or platforms (“Third-Party Services”). Any acquisition or use of Third-Party Services is between You and the applicable third-party provider, and We do not control or endorse such Third-Party Services.
4.2. Access to Data. If You enable a Third-Party Service, You authorize Us to permit that third party to access Your Data as reasonably necessary for the interoperation you have enabled, subject to the third party’s terms and policies.
4.3. No Responsibility for Third Parties. We are not responsible for any disclosure, modification, loss, or deletion of Your Data caused by a Third-Party Service or its provider
5. PROPRIETARY RIGHTS AND LICENSES
5.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all of Our/their right, title and interest in and to the Services and Hussle Content, including all of Our/their related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
5.2. License by Us to Use Hussle Content. We grant to You a worldwide, limited-term license, under Our applicable intellectual property rights and licenses, to use Hussle Content , this Agreement and the Documentation.
5.3. License by You to Host Your Data, Your Content and Non-Hussle Applications. You grant Us and Our Affiliates a worldwide, limited-term license to host, copy, transmit and display Your Data, Your Content and any Non-Hussle Applications and program code created by or for You using a Service, as necessary for Us to provide the Services in accordance with this Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data or any Non-Hussle Application or program code. All client and user data remain the property of the client. Hussle retains rights to use derivative, aggregated, and anonymized data that does not identify Client or its users for performance analysis, benchmarking, and AI model improvement.
5.4. License by You to Use Feedback. You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, royalty- free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by You or Users relating to the operation of the Services.
5.5. Aggregated Anonymous Data. Notwithstanding anything to the contrary set forth herein and subject to applicable law, We may use any and all data gathered in connection with providing the Services; provided, however, except as set forth in the following sentence, We shall not release any such data to the We may compile customer data with other data in an aggregate and anonymous manner to derive statistical and performance information related to the provision and operation of Hussle, the Services, or related to any other matter (“Aggregated Anonymous Data”), and may make such information publicly available or privately available to third parties, provided that such information does not include any data that would enable the identification of customers, or the disclosure of any of Your confidential information. We retain all rights, title and interest in and to such statistical and performance information.
5.6. Marketing Rights. Customer agrees to allow HUSSLE to list Customer as a customer, including displaying the Customer logo and company description on the HUSSLE website, social media platforms and in marketing collateral materials.
6. CONFIDENTIALITY
6.1. Definition of Confidential Information. “Confidential Information” means non-public information disclosed by a party to the other party that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Your Confidential Information includes Your Data. Our Confidential Information includes the Services, Hussle Content, and the terms of this Agreement.
6.2. Protection of Confidential Information. The receiving party will protect the disclosing party’s Confidential Information using at least reasonable care and will use it only as necessary to perform under this Agreement. The receiving party may disclose Confidential Information only to its employees, contractors, agents, and Affiliates who have a need to know and are bound by confidentiality obligations no less protective than those in this Agreement.
6.3. Compelled Disclosure. If the receiving party is required by law to disclose Confidential Information, it will, to the extent legally permitted, give prompt notice and reasonably cooperate with the disclosing party’s efforts to seek confidential treatment or otherwise limit disclosure.
6.4. Injunctive Relief. Each party agrees that a breach of this Section 6 may cause irreparable harm for which monetary damages may be inadequate, and the non-breaching party may seek injunctive or equitable relief without proving special damages or posting a bond, to the extent permitted by law.
7. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS
7.1. Our Warranties. We warrant that (a) the Services will perform materially in accordance with the applicable Documentation, (b) subject to any contrary provision in this Agreement, including, but not limited to, Section 4 (Integration with Non-Hussle Applications).
7.2. Your Warranties. You represent and warrant that (a) You shall be solely responsible for Your Content and the consequences of submitting and publishing Your Content on the Service, and that You own or have the necessary licenses, rights, consents, and permissions to publish Your Content; and You license to Us all patent, trademark, trade secret, copyright or other proprietary rights in and to Your Content for publication on the Service pursuant to these Terms of Service, (b) Your Content will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant Us all of the license rights granted herein; (c) neither You nor Your Users shall violate the Usage Restrictions, and (d) You have validly entered into this Agreement and have the legal power to do so.
7.3. Non-endorsement. We do not endorse any content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove all content if properly notified that such content infringes on another’s intellectual property rights. We reserve the right to remove content without prior notice.
7.4. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HUSSLE CONTENT AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.
7.5. Artificial Intelligence and Automated Features. Certain Services may incorporate artificial-intelligence, machine-learning, or other automated decisioning technologies (“AI Features”). Client acknowledges and agrees that: (a) AI Features generate outputs based on patterns and data inputs and may not always be accurate, complete, or appropriate for every use; (b) Hussle does not guarantee the correctness, originality, or legality of any AI-generated output; (c) Client is solely responsible for reviewing, validating, and determining the suitability of any AI-generated output before relying on or publishing it; and (d) Hussle may use anonymized and aggregated data, including interaction data from AI Features, to improve system performance and training. Except to the extent prohibited by law, Hussle disclaims all liability for decisions or actions taken in reliance on AI Features, provided Hussle maintains commercially reasonable administrative and technical controls to safeguard Client and User data used by those AI Features.
8. MUTUAL INDEMNIFICATION
8.1. Indemnification by Us. We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of a Service in accordance with this Agreement infringes or misappropriates such third party’s intellectual property rights (a “Claim Against You”), and will indemnify You from any damages, attorney fees and costs finally awarded against You as a result of, or for amounts paid by You under a court-approved settlement of, a Claim Against You, provided You (a) promptly give Us written notice of the Claim Against You, (b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (c) give Us all reasonable assistance, at Our If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the Service so that it no longer infringes or misappropriates, without breaching Our warranties under Section 7.2 (Our Warranties), (ii) obtain a license for Your continued use of that Service in accordance with this Agreement, or (iii) terminate. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Your Content, a Non-Hussle Application or Your breach of this Agreement.
8.2. Indemnification by You. You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of any Service or Your Content in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law (a “Claim Against Us”), and will indemnify Us from any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us, provided We (i) promptly give You written notice of the Claim Against Us, (ii) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (iii) give You all reasonable assistance at Your expense.
8.3. Exclusive Remedy. This Section 18states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section 8.
9. LIMITATION OF LIABILITY
9.1. Limitation of Liability. NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY CUSTOMER HERE UNDER IN THE 6 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF HOWEVER.
9.2. Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
10. TERM AND TERMINATION
10.1. Term of Agreement. This Agreement commences on the date You first accept it and continues until terminated as outline in Section 10.2(Termination).
10.2. Termination. A party may terminate this Agreement for cause (a) upon thirty (30) days written notice to the other party of a material breach if such breach remains uncured within ninety (90) days upon notice of material breach, or (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
10.3. Refunds or Payment upon Termination. All fees paid, whether in advance or arrears are non-cancelable and non-refundable. If you cancel or suspend service, in accordance to Section 12, You will not be entitled to any refund, credit, or offset for any prepaid fees.
10.4. Your Data Portability and Deletion. Upon request by You made within thirty (30) days after the effective date of termination or expiration of this Agreement, We will make Your Data available to You for export or download as provided in the Documentation. After that 30-day period, We will have no obligation to maintain or provide Your Data, and will thereafter delete or destroy all copies of Your Data in Our systems or otherwise in Our possession or control as provided in the Documentation, unless legally prohibited.
10.6. Surviving Provisions. Section 5 (Proprietary Rights and Licenses), Section 6 (Confidentiality), Section 7.4 (Disclaimers), Section 8 (Mutual Indemnification), Section 9 (Limitation of Liability), Section 11 (Notices, Governing Law and Jurisdiction) and Section 12 (General Provisions), will survive any termination or expiration if this
11. NOTICES, GOVERNING LAW AND JURISDICTION
11.1. Venue; Choice of Law. This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed, and interpreted in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law. The parties (a) hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts in Bexar County, Texas, for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement; (b) agree not to commence any suit, action or other proceeding arising out of or based upon this Agreement, except in the federal and state courts in Bexar County, Texas; and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court.
11.2. Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery, (b) the second business day after mailing by reputable courier services with tracking and signature required (i.e. FEDEX or UPS), or (c) the first business day after sending by email with confirmation of receipt (provided email shall not be sufficient for notices of termination or an indemnifiable claim unless such notice is expressly accepted as such by the intended recipient in writing, in each instance).
11.3. Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
11.4. No Agency. We enter into this Agreement as principal and not as agent for any other Subject to any permitted Assignment under Section 14.4, the obligations owed by Us under this Agreement shall be owed to You solely by Us and the obligations owed by You under this Agreement shall be owed solely to Us.
11.5. Digital Millennium Copyright Act. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. We may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please review the provisions of Exhibit A hereto, and notify us as specified on Exhibit A
12. GENERAL PROVISIONS
12.1. Export Compliance. The Services, Hussle Content, other technology We make available, and derivatives thereof may be subject to export laws and regulations of the United States and other Each party represents that it is not named on any U.S. government denied-party list. You shall not permit Users to access or use any Service or Hussle Content in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria) or in violation of any U.S. export law or regulation.
12.2. Anti-Corruption. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with this Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Us.
12.3. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
12.4. Third-Party Beneficiaries. Our content licensors shall have the benefit of Our rights and protections hereunder with respect to the applicable Hussle Content. There are no other third-party beneficiaries under this Agreement.
12.5. Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that
12.6. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
12.7. Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement that is due to acts of God, fire, flood, earthquake, explosion, war, terrorism, invasion, riot, civil unrest, acts of civil or military authorities, pandemic, epidemic, government regulation or advisory, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, failure of telecommunications or information services, denial of service attacks, other cyberattacks, or other similar events beyond the reasonable control of such party (each, a “Force Majeure Event”). A party seeking to invoke this Section must: (a) provide the other party with prompt written notice of the Force Majeure Event and its expected duration, and (b) use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance; provided, however, that such party shall not be required to settle labor disputes or incur extraordinary expenses.
If a Force Majeure Event prevents Our performance of material obligations for more than ninety (90) consecutive days, either party may terminate the affected Services upon thirty (30) days’ written notice.
For the avoidance of doubt, Force Majeure Events expressly include failures or interruptions in third-party services, platforms, or infrastructure upon which the Services depend, including but not limited to cloud hosting providers, App Stores, payment processors, telecommunications providers, and internet service providers.
Exhibit A
Digital Millennium Copyright Act Provisions
If You are a copyright owner or an agent thereof and believe that any content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(a) Submitting a Copyright/Trademark Infringement Notice. If You believe that third party material posted on or accessible through Hussle Applications, websites, and Services constitutes infringement of Your copyright or trademark rights, please send a notice of infringement to Hussle’s designated agent by legal@Hussle.tech. By submitting the infringement notice, You acknowledge and agree that Hussle or its designated agent may forward the information You provide in Your notice to the person responsible for the allegedly infringing If You are unsure whether the material that You are reporting is in fact infringing, You may wish to contact an attorney before filing a notification with Us. Please be aware that under 17 U.S.C. (s) 512(f) of the DMCA, You may be liable for any damages, including costs and attorneys’ fees incurred by Us or Our merchants, if You knowingly and materially misrepresent that an activity or material is infringing. While the online form is the easiest and quickestway to submit Your complaint with Us, if You prefer, You may also write to Hussle’s designated agent at the following address. If You write to Us, please be sure to provide all the information listed above under Requirements.
SW Direct Sales LLC
dba Hussle Technology
Attn: Copyright/Trademark Agent
1881 W Traverse Pkwy Suite E #304
Lehi, UT 84043
(b) Submitting a Counter-Notice After Removal of an Affected Party’s Material. If Your material has been removed or disabled as a result of an infringement notice and You believe such material is not infringing, or that You have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, You may send a counter-notice to Hussle’s designated agent at the address above. The counter- notice must include:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, physical address, email address, and telephone number; and
- A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which Hussle may be found, and that You will accept service of process from the person who provided notification of infringement or an agent of such Hussle or its designated agent will forward Your counter-notice to the party who submitted the infringement notice. If the complainant does not file an action seeking a court order to restrain You from engaging in infringing activity related to the removed or disabled material within ten
(10) business days of receiving the counter-notice from Hussle, then Hussle may reinstate the removed or disabled material.
(c) Submitting a Complaint to Report Violation of Your Likeness. If You think that content someone else has posted on Hussle Applications, websites or Services uses Your name, voice, signature, image or likeness, or that of Your minor child, without Your permission and in violation of a legally recognized right of publicity, We encourage You first to contact the user directly about Your concerns. If that does not resolve Your concerns, You may file a report at: legal@Hussle.tech
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