TWEETPING Page 1 of 6

Article 1.

PREAMBLE

The SAS Lightstream registered with the Trade and Companies Registry of Paris under number 80965053400021 with headquarters located at Cap Omega, Rond point Benjamin Franklin 34000 Montpellier – France operates in the field of publishing software, development tools and programming languages. Lightstream has developed a software solution called TWEETPING to visualize in real time via HTML widgets (as shown as an example at the url http://www.tweetping.net/) global tweet exchanges relating to keywords and/or themes chosen by the USER. TWEETPING is an inline frame software (IFrame) that allows the integration of an HTML page within other HTML documents, taking into account certain personal data and user wishes. The USER acknowledges having been fully informed of the list of services and applications provided by TWEETPING likely to be made available as part of this contract. These general conditions define the conditions of subscription and usage of TWEETPING. Anyone using the services offered by LIGHTSTREAM is IRREFUTABLY presumed to have read and accepted these terms and conditions. Article 2.

DEFINITIONS

ANNEX: binding contractual document related to the CONTRACT SPECIAL CONDITIONS: contract defining the specific obligations of the parties to the contract and constituting a contractual part of the document inseparable from these TERMS AND CONDITIONS. The SPECIAL CONDITIONS are optional. DYSFUNCTION(S): functional anomaly(ies) affecting, to varying degrees the use of TWEETPING. INTERNET: open and informal network formed by interconnecting international computer networks using the TCP/IP standard whose management is not subject to any central unit and each portion of the network belongs either to a public or private or independent organization. Its operation is based on cooperation between operators of different networks without any obligation of supply or quality of supply between operators. The networks may have unequal transmission capacities and specific use policies. No

GENERAL TERMS AND CONDITIONS

one can guarantee the proper functioning of the Internet as a whole. SOFTWARE: all programs, methods, rules and documentation related to the operation of a set of data processing (Decree of 12.22.1981 on the vocabulary development of IT – OJ 01.17.1982). WHITE LABEL: Option available for subscription with a customization option - contracting method by which LIGHTSTREAM offers its paying USERS the use and operation of TWEETPING without any mark belonging to LIGHTSTREAM appearing. The USER appears as the supplier of the services. WEB BROWSER: software designed for viewing WEB content OBLIGATION OF MEANS: contractual commitment which compels the debtor to implement the most effective means and techniques known at the date of signature of the convention to achieve the result set forth in the contract. OPERATOR: provides access to the Internet. OS: operating system: firmware for a computing device allowing its operation and use of third party software. POST: either: on Twitter: tweet/Re-Tweet including a term/hashtag/mention of a keyword present in the search for the user. On Instagram: any Post/Re-Post including a term/hashtag/mention of a keyword present in the search for the user. On Facebook Post/ Comment/Like on the monitored page. SAAS: (software as a service) a remote access software application, such as a service via the web SERVER(S): hardware or software computer device allowing access to certain services accessible or not via the WEB. APPLICATION SERVICE(S): Service available online by subscription for using a software including hosting, management and maintenance is provided by the service provider. WEBSITE: organized set of pages to be put on the web under one domain name. TWEETPING: SOFTWARE edited by LIGHTSTREAM SAS URL: Uniform Resource Locator: Web localization of a digital resource. USER: natural or legal person contracting with the company LIGHTSTREAM WEB: or World Wide Web: system operating on the basis of hypertext links and using http protocol (hypertext transfer protocol) to view the content of pages on the Internet.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SAS LIGHTSTREAM Cap Omega, Rond point Benjamin Franklin 34000 MONTPELLIER

TWEETPING ARTICLE 3.

Page 2 of 6

PURPOSE

LIGHTSTREAM provides, with USER agreement, a set of services whose content varies depending on the choice made by the latter detailed in the ANNEX. These general conditions determine the content of the access right to the functionalities of TWEETPING and the right to use its APPLICATION SERVICES, if appropriate under WHITE LABEL, in accordance with the terms and conditions outlined below. ARTICLE 4.

DURATION

Apart from the cases covered by Article 24 of the present GENERAL CONDITIONS, the contract is concluded for an initial period of a period of 1 month from its subscription online by the USER. In the absence of express termination via the management interface provided to the USER, it is tacitly renewed for an indefinite period.

ARTICLE 5. SERVICES

DESCRIPTION

OF

APPLICATION

TWEETPING is offered as hosted mode (SAAS). The USER has secure access to the WEB via a URL communicated upon subscription of the contract. The USER has the right to use without limitation the services offered by TWEETPING as provided by these GENERAL CONDITIONS and the possible SPECIAL CONDITIONS with LIGHTSTREAM. LIGHTSTREAM provides data hosting and SOFTWARE MAINTENANCE AND SAFETY. The features, type and number of APPLICATION SERVICES may change over time, and it will be up to the USER to educate him or herself on these innovations or developments. Part of the SOFTWARE design is based on free licenses attached to these terms. ARTICLE 6. TWEETPING

NETWORK AND ACCESS TO

Access to TWEETPING software requires a connection to THE INTERNET. The USER must be attentive to the choice of THE OPERATOR giving him access to THE INTERNET and it is possibly up to him or her to set up an alternative access solution if he or she wants to reduce the risk of interruption in network access.

LIGHTSTREAM is not responsible for the operation of the network. Subject to the provisions of these GENERAL TERMS AND CONDITIONS and any possible SPECIAL CONDITIONS, access to TWEETPING is possible round the clock, any day of the week, including Sundays and public holidays from any computer, smartphone or tablet connected to THE INTERNET with a WEB BROWSER, from any location as long as the above conditions are met. ARTICLE 7.

SECURE ACCESS TO TWEETPING

To access TWEETPING, the USER must provide his Twitter account, an email address and a set of keywords to track that he or she chooses. All URLs provided by LIGHTSTREAM are public, and can be accessed by anyone with the URL. ARTICLE 8.

PROTECTION OF EQUIPMENT

The USER assumes responsibility for protecting equipment allowing access to TWEETPING. He or she ensures the preservation of its data against malicious damage (including but are not limited to: antivirus software, updating the OS by following the recommendations of its designer, regular update of its WEB BROWSER but also physical protection of equipment...). LIGHTSTREAM is not liable for any damage to equipment and/or USER data, which is caused through the INTERNET or any other means. ARTICLE 9.

QUALITY OF SERVICE

LIGHTSTREAM undertakes to make every effort to ensure USER access and the use the services offered by TWEETPING comply with the provisions of these GENERAL CONDITIONS. LIGHTSTREAM may not be held liable for any problems related to the connection of the USER to the INTERNET, computer viruses transferred either by that network or any other means, or any malicious acts performed through that network or any other means, material or immaterial. The USER is aware of possible interruptions and/or slowdowns to the functioning of the INTERNET, for which LIGHTSTREAM may not be held liable. In view of the above, LIGHTSTREAM therefore cannot guarantee the continuity of the use of TWEETPING, which is used by the USER through a remote connection via the INTERNET.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SAS LIGHTSTREAM Cap Omega, Rond point Benjamin Franklin 34000 MONTPELLIER

TWEETPING ARTICLE 10.

Page 3 of 6

SUSPENSION OF SERVICE

Access to the TWEETPING or to some of its features may be occasionally suspended in order to permit the performance of procedures and maintenance that are necessary for the proper functioning of the SOFTWARE. If an intervention is planned, the USER is informed by any means so that he or she can take all necessary measures to prevent his or her activity from being disrupted. In cases of extreme emergency, urgent need, or for invoking the security of the SOFTWARE or CUSTOMER data, LIGHTSTREAM is exempted from this duty of prior information, with the obligation to provide all necessary information after the realization of the procedure. LIGHTSTREAM will not be held liable for any consequences resulting from the unavailability of the service, which is caused by the maintenance or updating of the service. ARTICLE 11.

MAINTENANCE AND SUPPORT

the subscription and exclusively designed to allow him or her to use the SOFTWARE and the services associated with the exclusion of any other purpose. Subject to foreseen exceptions in the possible SPECIAL CONDITIONS, it grants a personal, non-exclusive, nonassignable and non-transferable license to use TWEETPING, for the duration of the CONTRACT and throughout the world. The right to use means the right to represent and implement TWEETPING as intended, as SAAS via a connection to THE INTERNET and with the benefit, according to the chosen version, of a WHITE LABEL. Subject to sections that follow, the USER shall in no case make TWEETPING available to a third party, and strictly prohibits any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation not included in the present contract, without this list being exhaustive. The USER LICENSE encompasses for the USER the right of access to the SOFTWARE and the right to use it in accordance with the authorizations granted to him or her. ARTICLE 13.

LIGHTSTREAM ensures the maintenance and development of TWEETPING. The maintenance of TWEETPING may result in suspension of access to the service as specified in Article 11 of the GENERAL CONDITIONS. LIGHTSTREAM ensures the prompt correction of any DYSFUNCTIONS which would affect TWEETPING and to provide it with all the improvements it deems useful. The USER receives updates and functional changes of TWEETPING. Any changes to the software is IRREFUTABLY presumed to be for improving its operation and/or the expansion of its functions. The software corrections and developments are therefore expressly subject to these GENERAL TERMS and its annexes. The USER also benefits from extra access to service support via the online form or by email dedicated to the online help: [email protected]. The USER undertakes to report to LIGHTSTREAM without delay any DYSFUNCTION of TWEETPING. ARTICLE 12.

USER LICENSE

The event of obtaining and renewing the USER LICENSE for the software TWEETPING is the financial settlement of invoices addressed to the USER. If payment is not on time, the license is immediately suspended and access to the software becomes impossible. The holder of the USER LICENSE is presumed to be the holder of the payment instrument used to settle the lease of the SOFTWARE. LIGHTSTREAM grants the USER a USER LICENSE for TWEETPING, valid only for the duration of

PERSONAL DATA

The USER has under current law the responsibility for processing the data it operates. He or she guarantees LIGHTSTREAM that he or she undertook all obligations in terms of Law No. 78-17 of January 6, 1978 "Computers & Freedom." For purposes of compliance with its obligations, he or she is informed by LIGHTSTREAM that the location of TWEETPING servers is: OVH - SAS with a capital of €10,000,000 - RCS Roubaix - Tourcoing 424 761 419 00045 - APE Code 6202A VAT number: FR 22 424 761 419 - Registered office: 2 Rue Kellermann - 59100 Roubaix - France. Concerning the transmission of personal data, the USER guarantees that he or she has informed the individuals concerned of the use made of it. The USER notes and guarantees LIGHTSTREAM against any action, claim or complaint from an individual whose personal data are reproduced and hosted via TWEETPING.
LIGHTSTREAM reserves the right to change the location of the accommodation of these data and retains the free choice of provider in charge of this task, subject to the maintenance of storage facilities on French territory. ARTICLE 14.

DATA SECURITY

LIGHTSTREAM will employ technical and organizational measures that are likely to prevent any unauthorized access or misuse of data transmitted to it and prevent any loss, alteration and/or destruction of said data. LIGHTSTREAM regularly and redundantly backups data used by the USER for the implementation, maintenance

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SAS LIGHTSTREAM Cap Omega, Rond point Benjamin Franklin 34000 MONTPELLIER

TWEETPING

Page 4 of 6

and administration of TWEETPING, in particular, with Article 34 of Law No. 78-17 of January 6, 1978 related to computers, files and freedoms which states: "The data controller shall take all necessary precautions, given the nature of the data and the risks presented by the processing, to preserve data security and in particular prevent them from being distorted, damaged, or from unauthorized parties having access (...)." ARTICLE 15.

FINANCIAL TERMS

Financial terms of subscription to TWEETPING are detailed in the ANNEX or in any SPECIAL CONDITIONS. Prices are in euros (€), excluding tax and fees. The billing address is irrefutably considered as the one provided by the user during registration with TWEETPING. It is up to him or her to inform LIGHTSTREAM of the need to update their details. ARTICLE 16. PAYMENT METHODS SUBSCRIPTION/NON-PAYMENT

FOR

THE

They are defined in the ANNEX or in any SPECIAL CONDITIONS. Rates are subject to revision on January 1st of each year based on the SYNTEC index. The USER's failure to pay an invoice when due shall automatically entail the immediate termination of the subscription. ARTICLE 17.

OWNERSHIP

LIGHTSTREAM holds the ownership rights to any element derived from TWEETPING and made available to the USER. Subscription to TWEETPING does not give the USER any property rights for the SOFTWARE made available as SAAS and does not constitute a transfer of intellectual property rights to its benefit within the meaning of the French Code of Intellectual Property. It is forbidden for the USER to reproduce any element of TWEETPING, or any related documentation by any means or in any form whatsoever and on any medium whatsoever.

ARTICLE 18.

LIABILITY

LIGHTSTREAM is held to, within the context of the execution of all its obligations, an OBLIGATION OF MEANS, which requires the demonstration of the existence of misconduct to its name for it to be held responsible. In addition, in cases of misconduct proven by the USER, LIGHTSTREAM will only be held for

compensation for pecuniary consequences of direct and foreseeable damages due to the performance of the services offered by TWEETPING. LIGHTSTREAM cannot consider its responsibility to be engaged under indirect or unforeseeable loss or damages to the USER or third parties such as, without this enunciation being exhaustive: lost profits, total or partial loss, inaccuracy or partial or total corruption of files or data, commercial loss, loss of revenue or profit, loss of customers, loss of opportunity, cost of obtaining a product, service or alternative technology, related to or originating from non-performance or improper performance of the services. In all cases, the amount of LIGHTSTREAM's responsibility is strictly limited to reimbursement of amounts effectively paid by the USER at the date of the occurrence of the event in a limit which cannot exceed an amount equivalent to the last month rental of TWEETPING actually charged by LIGHTSTREAM. No responsibility on the part of LIGHTSTREAM can be held due to the accidental destruction of data by the USER or a third party accessing TWEETPING through the log in information chosen by the USER. Article 19.

FORCE MAJEURE

Any breach of any of the obligations of this convention and its annexes caused by a case of force majeure, as recognized and traditionally accepted by the case law of the French Court of Cassation exempts the parties from liability (force majeure including particularly an unpredictable, irresistible event external to the obligation holder). If such an event occurs, the party prevented by the event from performing its service shall inform the other by any means as soon as possible. The suspension of obligations or delay shall in no way be a cause of liability for non-performance of the obligation in question or induce the payment of damages or penalties. ARTICLE 20.

INSURANCE

LIGHTSTREAM has taken out adequate insurance to cover the risks related to the exercise of its business. It undertakes to provide any evidence to the USER, should the latter make a specific request. This must be done by registered mail with return receipt addressed to the LIGHTSTREAM office. ARTICLE 21.

TERMINATION

The USER may terminate the contract at any time via

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SAS LIGHTSTREAM Cap Omega, Rond point Benjamin Franklin 34000 MONTPELLIER

TWEETPING

Page 5 of 6

the available management interface. LIGHTSTREAM may terminate with a notice of 1 month for a TWEETPING USER, provided that the latter is up to date for paying his or her bills. LIGHTSTREAM likewise may terminate the contract without notice in case of the USER's breach of any of its contractual obligations.

compulsory enforcement or unenforceability of any other provision, all of which shall retain all their effects.

ARTICLE 22.

The CONTRACT as well as all contractual documents relating to them are subject to French law, to the exclusion of any other legislation. Disputes or litigation arising in connection with the performance of the CONTRACT or its annexes must, before any judicial procedure, be attempted to be resolved through an amicable settlement. To this end, the parties agree to meet within 30 days of the start of the dispute in a place within the jurisdiction of the Court of Appeals of PARIS. Failing an agreement reached between the parties within 15 days after that meeting, the parties have the freedom to sue. No legal action for civil liability of LIGHTSTREAM can be held more than one calendar year following the start of the claim pursuant to Article 2254 of the Civil Code. Should litigation arise, originating from a dispute or the performance of the CONTRACT or its annexes, the Court of Appeals of MONTPELLIER will have jurisdiction.

CONFIDENTIALITY

Subject to legal requirements, regulatory or judicial, the parties undertake to respect the confidentiality of all information it receives from the other party. The communication of confidential information transmitted between the parties is permitted only to the employees involved or who need to know for the purposes of compliance and performance of the contract and its annexes. This general duty of confidentiality remains on the parties for the duration of the contract and as long after its conclusion, that the concerned information will remain confidential to the party releasing them and, in any event, for a period of two years after the end of contract. The parties undertake to return all copies of documents and media containing confidential information of the other part at the end of the contract.
The parties also undertake to have their staff comply with these provisions, as well as any agent or third party that could intervene in any way whatsoever in fulfillment of the contract. ARTICLE 23.

ARTICLE 25. JURISDICTION

GOVERNING LAW - ARBITRATION -

PERSONAL DATA - RIGHT OF ACCESS

Personal data concerning the USER for accessing TWEETPING are intended for technical, accounting and commercial departments of LIGHTSTREAM, in its capacity as the party responsible for the processing and for its contractual partners. Pursuant to Law No. 78-17 of January 6, 1978 on computing, files and freedom, the USER has a right of access, rectification and objection regarding the data relating to the USER, which may be exercised by writing to SAS LIGHTSTREAM Cap Omega, Rond point Benjamin Franklin 34000 Montpellier. ARTICLE 24.

MISCELLANEOUS

In case of dispute, only computer records containing traces of trade between the parties, held by LIGHTSTREAM and stored under conditions that guarantee its integrity will prevail between the parties. The nullity, lapse, absence of compulsory enforcement or unenforceability of any provision in this Contract shall not constitute nullity, lapse, absence of ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SAS LIGHTSTREAM Cap Omega, Rond point Benjamin Franklin 34000 MONTPELLIER

TWEETPING

Page 6 of 6

ANNEX

RATE PACKAGE Monthly Subscription 1 month

Price $59,99

Customization options starting at $500. Can include features such as: white label, logo, map skin customization…

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SAS LIGHTSTREAM Cap Omega, Rond point Benjamin Franklin 34000 MONTPELLIER