Last Updated: 5/31/2023

These Terms of Use for Drivers (“Terms”) are entered into by and between you, as the user of

the Pixel Logistics (“App”), and Pixel, LLC (“Pixel,” “Company,” or “us”). These Terms

govern your access to and use of the App, including any content, functionality and services

offered on or through the App.

By using the App or by clicking to accept or agree to these Terms when this option is made

available to you, you accept and agree to be bound and abide by these Terms, and the Driver

may discontinue your use of the App and terminate your account.

By using the App, you represent and warrant that you are 18 years of age, or otherwise of legal

age to form a binding contract, reside in the United States or any of its territories or possessions,

and meet all of the foregoing eligibility requirements. If you do not meet all of these

requirements, you must not access or use the App.

1. App Functionality

The App is designed for use by individual drivers who are directly or indirectly engaged by the

Company to deliver pharmacy products to certain recipients. The App provides to the driver

certain information about the delivery as necessary to perform the Delivery Services. Each user

of the App is required to register as a driver with the Company.

2. Creation of an Account

When you create an account via the App, you will be provided a limited license to access and use

the App. You represent that all of the information provided by you during the registration

process is accurate and complete to the best of your knowledge. You warrant that you will

update your account information ensure that such information remains accurate and up-to-date.

If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve

the right to terminate your access to the App.

We may terminate your account and/or your access to the App at any time upon a reasonable

reason to do, including misuse of the App, provision of inaccurate information, a potential

security threat, and changes to the App.

If you have reason to believe that your account is no longer secure, you must promptly change

your password and immediately notify us of the problem by email. You are responsible for

maintaining the confidentiality of your username and password and all activities that are

conducted through your account.

3. Provision of Delivery Services

The access to the App is provided to you for the sole purpose of providing physical product

delivery services (“Delivery Services”) pursuant to an arrangement with us. You represent and

warrant that you will:

a. use the App solely for purposes of providing the Delivery Services;

b. provide the Delivery Services in good faith in fulfillment of the responsibilities assigned

to you directly or indirectly by the Company;

c. perform the Delivery Services in a diligent and professional manner and in accordance

with these Terms and all applicable laws;

d. not engage in any discriminatory conduct, including discrimination based on race,

national origin, color, disability, gender identity, marital status, national origin, religion,

sex, or sexual orientation;

e. avoid any aggressive or confrontational behavior in the performance of the Delivery

Services; and

f. make certain information about you (such as geolocation, pictures confirming delivery)

available to the recipient, as necessary for the Delivery Services.

4. Use of a Vehicle

If your provision of the Delivery Services involves the use of a Company vehicle, you represent

and warrant that you will use the Company vehicle solely for the performance of the Delivery

Services, and that you will take diligent care of the Company vehicle, and avoid any undue

damage to the vehicle.

Regardless of whether you will use a Company vehicle, you agree to comply with all applicable

driving laws and rules (including maintaining a current driver’s license), and take reasonable

precautions in the performance of the Delivery Services.

5. Recipient Privacy

In performing the Delivery Services, you agree to protect the privacy of recipient. You agree to:

not retain any personally identifiable information about recipients other than as retained

by the App; and

not to use or disclose information about recipients for any purposes other than the

performance of the Delivery Services.

6. Acceptable Use

You agree not to use the App for any purpose that is unlawful or any purpose other than the

performance of the Delivery Services. While using the App, you agree to comply with all

applicable laws. You agree not to engage in any of the following:

a. submit information pertaining to a person other than you without appropriate consent

from such person;

b. post or disseminate on the App or on any other website in relation to the App (e.g.,

Facebook page) any material that is libelous, defamatory, harassing, obscene,

pornographic, abusive, or deliberately offensive;

c. post or disseminate on the App or on any other website in relation to the App any

material that infringes upon the intellectual property or privacy rights of any third party,

including without limitation any content that includes a third party’s unlicensed

copyrighted work or that lists a third party’s social security number, credit card number,

or non-public e-mail or snail mail address;

d. post or disseminate on the App or on any other website in relation to the App any

material that otherwise violates any right of any third party, including without limitation

any material, non-public information about companies without the authorization to do so;

e. send any unsolicited communication or in any way contribute to or facilitate the sending

of such communication;

f. harvest or collect information about users or recipients other than as necessary for the

performance of the Delivery Services;

g. remove any copyright, trademark or other proprietary rights notices contained in the App;

h. impersonate or attempt to impersonate the Company, a Company’s employee, another

user, or any other person or entity;

i. access or attempt to access, without authorization, any computer system involved in

provision of the App, including without limitation through use of a robot, spider, scraper,

or other automatic means, or by bypassing any measure used by us to restrict access to

the App;

j. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the

App, or which, as determined by us, may harm the Company or users of the App or

expose them to liability;

k. interfere or attempt to interfere with the operation of the App or any related computer or

system.

YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR

USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE

CONDUCTED THROUGH YOUR ACCOUNT.

7. Intellectual Property Rights

The App may contain material, such as software, text, graphics, images, designs, sound

recordings, audiovisual works, and other material provided by or on behalf of us (collectively

referred to as the “Content”). The Content may be owned by us or licensed to us by third parties.

The Content is protected under both US and foreign laws. Unauthorized use of the Content may

violate copyright, trademark, and other laws. You have no rights in or to the Content and you

agree not to use the Content except as permitted under these Terms. No other use is permitted

without prior written consent from us. You must retain all copyright and other proprietary

notices contained in the original Content on any copy you make of the Content. You may not

sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly

perform, make a derivative version of, distribute, or otherwise use the Content in any way for

any public or commercial purpose. The use or posting of the Content on any other website or in

a networked computer environment for any purpose is expressly prohibited.

The trademarks, service marks, and logos used and displayed on the App may be registered

and/or unregistered trademarks or service marks of ours of our licensors (collectively, the

“Trademarks”). Nothing on the App should be construed as granting, by implication, estoppel,

or otherwise, any license or right to use the Trademarks, without our prior written permission

specific for each such use. Use of the Trademarks as part of a link to or from any site is

prohibited unless establishment of such a link is approved in advance by us in writing. All

goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.

8. WARRANTY DISCLAIMER

THE APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”

BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE APP

AND CONTENT WILL OPERATE ERROR-FREE, THAT THE APP, THE SERVERS, OR

THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION

OR DESTRUCTIVE FEATURES.

WE MAY UPDATE THE CONTENT ON THIS APP FROM TIME TO TIME, BUT ITS

CONTENT IS NOT NECESSARILY COMPLETE OR UP TO DATE. ANY OF THE

MATERIAL ON THE APP MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE

UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO,

WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD

PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY

WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF

PERFORMANCE, OR USAGE OF TRADE.

9. LIMITATION OF LIABILITY

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT

CLAIMS, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE

FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR

DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE

WEBSITE OR THE CONTENT, OR (II) DIRECT DAMAGES IN EXCESS OF AN AMOUNT

EQUAL TO $100, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

THE APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL

ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT

RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED

ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS,

AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES

IN THIS SECTION MAY NOT APPLY TO YOU.

10. External Websites, Products and Services

The App may include links to External Websites, which are provided solely as a convenience to

you and not as an endorsement by us of the content or any third-party goods and services (the

“Third Party Products”) which may be available on the external Websites. You acknowledge and

agree that we: (i) do not manufacture or sell the Third Party Products and thus have no control

over the quality, safety, legality or efficacy of any Third Party Product; (ii) are not involved in

any transaction involving any Third Party Products; and (iii) have no liability with respect to any

Third Party Product or any transaction or interaction between you and the provider of any Third

Party Product.

11. Indemnification

You agree to defend, indemnify, and hold us and our and our affiliates’ officers, directors,

employees, successors, licensees, agents, and assigns harmless from and against any claims,

actions, or demands, including, without limitation, reasonable legal and accounting fees, arising

or resulting from your breach of these Terms, or your use of the Content or the App. We shall

provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense,

in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to

assume the exclusive defense and control of any matter that is subject to indemnification under

this section. In such case, you agree to cooperate with any reasonable requests assisting our

defense of such matter.

12. Compliance with Applicable Laws

The App is operated by us in the United States. We make no claims concerning whether the

Content may be downloaded, viewed, or be appropriate for use outside of the United States. If

you access or use the Website from outside of the United States, you do so at your own risk. In

the United States and elsewhere, you are solely responsible for ensuring your compliance with

the laws of your specific jurisdiction.

13. Termination of Access to the App

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the

App at any time and for any reason without prior notice or liability. We reserve the right to

change, suspend, or discontinue all or any part of the App at any time without prior notice or

liability.

14. Changes to These Terms

These Terms are effective as of the date stated above. We may change these Terms from time to

time, and will post any changes on the Website or on the App as soon as they go into effect. By

using the App after we make any such changes to these Terms, you are deemed to have accepted

such changes. Please refer back to these Terms on a regular basis.

15. Miscellaneous

These Terms and any action related thereto will be governed by the laws of the State of New

Jersey without regard to its conflict of laws provisions. Except for proceedings commenced by

us to protect its intellectual property or confidential information which may be brought in any

court of competent jurisdiction, the parties mutually agree that any and all disputes arising

hereunder shall be resolved exclusively by state or federal courts located in the State of New

Jersey.

Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver

of that provision or any other provision in these Terms. No waiver shall be effective against us

unless made in writing, and no such waiver shall be construed as a waiver in any other or

subsequent instance.

16. Contact Information

If you have questions regarding these Terms, you may contact us at info@get-pixel.com.

App Privacy Notice for Drivers

When you use the App, the Company collects certain personal information from you. The

Company’s collection, use, and disclosure of such information is governed by this App Privacy

Notice for Drivers (“Privacy Notice”). This Privacy Notice is intended to comply with the

California Consumer Privacy Act, as amended (“CCPA”).

The Company collects the following information when you use the App:

Information