NIGHT VISION

1. Acceptance of Terms

By accessing, downloading, registering with, or utilizing the Night Vision software platform, mobile progressive web applications (PWAs), database architectures, Cloud Functions, and associated operational services provided by Kinect Global LLC ("Company," "we," "us," or "our"), all client businesses, entertainment establishments, venues, and commercial operators ("Venues"), alongside their executive officers, venue managers, shift supervisors, door security hosts, field street personnel, and external referral affiliates ("Users," "Promoters," "Partners," or "Managers") agree to be strictly bound by these Master Terms of Use ("Terms"). Access to the platform is explicitly conditioned upon complete acceptance of these Terms. If you do not agree to every provision herein, you are strictly barred from utilizing the platform or its underlying infrastructure.

2. Proprietary Rights and Software Ownership

A. Exclusive Software Ownership: Kinect Global LLC retains sole, complete, and exclusive ownership of all right, title, and interest in and to the Night Vision platform. This includes, without limitation, all underlying source code, database designs, Cloud Functions, PWA application manifests, interface layouts, spatial tracking algorithms, reputation engines, digital pass generation systems, custom modifications, and derivative software developments.

B. Limited License Grant: Users and Venues are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Night Vision platform solely for internal workforce timekeeping, promotional code attribution, door-scan validation, field safety monitoring, and commission payout administration during active contract terms.

C. Prohibited Software Exploitation: No Venue, User, or third party shall decompile, reverse engineer, disassemble, modify, adapt, copy, scrape, or extract source code from any Night Vision component. Any attempt to tamper with software telemetry, alter geolocation boundary validation, bypass role-based security access controls, or exfiltrate platform database records shall constitute a material breach resulting in immediate account termination, forfeiture of fees, and referral for civil and criminal prosecution.

3. Operational Purpose, System of Record & Executive Privileges

A. Not a Point of Sale (POS) System: The Night Vision platform is strictly an operational tracking, attribution, and workforce management tool. It is NOT a Point of Sale (POS) system. The software does not track internal venue register sales, process patron beverage or ticket transactions, or store credit card payment credentials belonging to Venue patrons.

B. Scope of Use & Immutable System of Record: The platform is provided exclusively to track the redemption of unique promotional codes (alphanumeric or QR code passes distributed via physical flyer, digital link, or photo share) presented by patrons at venue entry doors. The software creates an objective, immutable system of record logging exact entry timestamps, party headcount, and referral attribution to protect field workers from top-down wage discrepancies, prevent door-host fraud, and verify affiliate bonus payouts.

C. Administrative & Executive Privileges: Designated Venue Managers and Executive accounts possess administrative authority to onboard, edit, or terminate user access permissions within their venue's organizational hierarchy. Executive users may export operational CSV data files strictly for internal payroll calculation, workforce management, and local tax compliance. Commercializing, selling, or distributing exported platform data to unauthorized third parties is strictly prohibited.

4. Application Permissions, Field Tracking & Venue GPS Compliance

A. Local Mobile Device Permissions: To execute core operational functions, the Night Vision application requires specific hardware permissions during active shift use:

• Precise Geolocation Services: Location access is required specifically for hourly field Promoters while actively clocked into an open shift to confirm geographic presence within assigned geofence zones, calculate pausable break durations, and trigger missile klaxon boundary alerts.
• Notifications & Haptic Audio: Permission to trigger audio klaxons, cash-register chimes, and device vibrations for supervisor directives, break expirations, and boundary breaches.
• Camera & Media Gallery: Permission to access device camera optics to scan patron pass QR codes (Door Hosts) and capture mission proof photos (Promoters).
• Calendar Access: Permission to sync scheduled work shifts directly to the device's native calendar.

B. Venue Compliance Responsibility for Location Tracking: Venues are solely and exclusively responsible for ensuring that their deployment of Night Vision location tracking complies with all applicable federal, state, and local employee privacy, wiretapping, and labor monitoring laws.

5. Compensation, Payouts & Stripe Financial Integration

A. Separation of Partner Payouts and Promoter Payroll: For external referral Partners (cab drivers, concierges, bartenders), Night Vision facilitates outgoing commission payouts via direct integration with Stripe, Inc. ("Stripe"). For internal Promoters, the platform acts solely as an objective time and scan log. Kinect Global LLC has zero involvement in, nor financial liability for, internal Venue employee payroll, hourly wages, or tax withholdings.

B. Independent Stripe Setup & W-9 IRS Compliance: Participating Venues and Partners must maintain their own independent Stripe Express or Custom Connect accounts. Kinect Global LLC merely passes API tokens to trigger transfer commands between Venue funds and Partner accounts. We do not hold, manage, or take custody of user funds. Pursuant to IRS regulations, when a Partner's cumulative earnings reach $2,000.00 USD within a calendar year, instant payouts will automatically lock until valid legal W-9 tax details are submitted through the platform.

C. API Discrepancies & System Error Resolution: In the event of an outgoing Partner payout discrepancy or attribution error caused directly by a verified Night Vision API or database glitch—and provided documented evidence proves the error was a software fault rather than user error—Kinect Global LLC commits to investigating and taking necessary technical measures to reconcile and correct the operational log.

6. Policy Breaches, Revocation of Access & Legal Fee Recovery

A. Immediate Revocation of Access: Kinect Global LLC reserves the absolute right to immediately suspend, restrict, or permanently terminate access to the platform for any Venue, Manager, or User found to be in material breach of these Terms, including data exfiltration, GPS data mishandling, payment fraud, software tampering, or actions exposing Kinect Global LLC to third-party liability.

B. Forfeiture of Fees: In the event of account termination resulting from a material policy breach, the breaching party forfeits all prepaid subscription fees, setup charges, and recurring software balances. Kinect Global LLC shall have no obligation to issue refunds.

C. Legal Fee Recovery & Indemnification: If a violation of these Terms by a Venue, Manager, or User causes or contributes to legal claims, regulatory audits, arbitration, or lawsuits against Kinect Global LLC, the breaching party shall be held strictly liable for all legal expenses, including reasonable attorneys' fees, court costs, paralegal charges, and statutory penalties incurred by Kinect Global LLC.

D. In-App Messenger Disclaimer: The platform features free-form internal messenger channels. Kinect Global LLC does not moderate or control transmitted messages. Venues are solely responsible for establishing, policing, and enforcing workplace communication standards among their staff.

7. Limitation of Liability & Binding Arbitration

A. "As Is" Warranty Disclaimer: Except as explicitly stated herein, the Night Vision platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. Kinect Global LLC disclaims all implied warranties of merchantability, fitness for a particular purpose, or uninterrupted software availability.

B. Mandatory Binding Arbitration & Class Action Waiver: Any controversy, claim, or dispute arising out of or relating to these Terms or the Night Vision platform shall be settled by binding arbitration administered by the American Arbitration Association (AAA). Venues and Users explicitly waive any right to participate in class-action lawsuits, class-wide arbitrations, or consolidated legal proceedings against Kinect Global LLC.