SUPPLEMENTARY MASTER AGREEMENT AND CONTRACTUAL INSTRUMENT

GOVERNING THE PROVISION OF DIGITAL ENGAGEMENT SERVICES

**INSTRUMENT NUMBER: TOS-SMM-20251124 | EFFECTIVE DATE: November 24, 2025**

NOTICE: The execution of any Service Order or the mere persistent utilization of the digital infrastructure and services provided by MediaBoost (hereinafter referred to as the "Service Provider," "We," or "Our Entity") via the domain **MediaBoost.in** shall constitute a final, explicit, and non-contingent affirmation of full acceptance by the End User (hereinafter, "The Client," "You," or "Your Entity") of all provisions, covenants, disclaimers, and operational mandates articulated within this binding contractual framework (the "Agreement"). This instrument establishes comprehensive legal and commercial obligations. **If The Client lacks the requisite legal capacity or unequivocally disagrees with any term herein, immediate cessation of all engagement with the Service Provider's platform is strictly mandated.**

ARTICLE I: DEFINITIONS AND CONSTRUCTIVE INTERPRETATION

  1. 1.1. Effective Date: The precise moment The Client engages with any facet of The Provider's digital infrastructure or initiates a Service Order.
  2. 1.2. Service Offering: Shall comprehensively denote the proprietary or aggregated mechanisms designed for digital footprint augmentation, exclusively confined to non-tangible metrics (e.g., algorithmic interaction indices, volumetric social validation data).
  3. 1.3. Third-Party Platform ("Platform"): Any independently operated social media or digital publishing ecosystem (e.g., Meta, Alphabet/Google, ByteDance) where the Service Offering is intended to be executed.
  4. 1.4. Consideration Remittance: The non-refundable, unilateral monetary transfer from The Client to The Provider, securing a priority queue position for Service execution, but not guaranteeing completion.
  5. 1.5. Force Majeure Event: Any act of God, war, terrorism, pandemic, infrastructure collapse, or material algorithmic change by a Platform that renders Service fulfilment commercially impracticable.
  6. 1.6. Confidential Information: Any non-public data, including but not limited to, pricing schedules, source code, and Client engagement metrics.

ARTICLE II: SCOPE OF SERVICE AND EXCLUSION OF WARRANTY

  1. 2.1. Nature of Engagement: The Provider acts solely as a technological intermediary. The Client explicitly acknowledges that the Service Offering is a high-risk, experimental digital engagement utility.
  2. 2.2. Exclusion of Fiduciary Duty: The relationship between The Provider and The Client is strictly transactional. No partnership, joint venture, agency, or fiduciary relationship is created by this Agreement.
  3. 2.3. No Performance Guarantee: The Provider offers no express or implied warranty regarding the persistence, stability, or specific volume of the Service Offering post-delivery. Metrics are subject to instantaneous and non-reviewable algorithmic revocation by the Platform.
  4. 2.4. Liability for Platform Sanctions: The Client accepts full, non-subrogable liability for any punitive action taken by a Platform against The Client’s account, including, but not limited to, temporary suspension, permanent prohibition (ban), or content demonetization, resulting from the deployment of the Service Offering.

ARTICLE III: CLIENT COVENANTS AND REPRESENTATIONS

  1. 3.1. Compliance with Jurisdiction: The Client represents and warrants that their use of the Services is compliant with all applicable statutes, laws, and regulations of their primary jurisdiction and the jurisdiction of The Provider.
  2. 3.2. Content Vetting Obligation: The Client shall not utilize the Service Offering to promote, disseminate, or link to any content that is libelous, defamatory, racially inflammatory, constitutes a threat to public order, or is subject to criminal prosecution.
  3. 3.3. Non-Circumvention Clause: The Client covenants that they shall not, directly or indirectly, attempt to reverse-engineer, decompile, or otherwise discover the source code, methodology, or proprietary data utilized by The Provider in the execution of the Service Offering.
  4. 3.4. Age and Capacity Warranty: The Client warrants that they are of legal age and possess the full legal capacity to enter into this binding contractual Agreement.

ARTICLE IV: FINANCIAL AND REMITTANCE PROTOCOLS

  1. 4.1. Consideration and Pricing Fluctuation: All pricing structures are dynamic and subject to instantaneous revision without prior notice due to volatile market conditions in the digital engagement sector. The Consideration published at the moment of order initiation is final for that specific transaction.
  2. 4.2. Non-Recourse and Irrevocability: All Consideration Remittances are deemed final and non-reversible. The Client waives any right to initiate a chargeback, reversal, or payment dispute (a "Dispute Event") through their bank or financial intermediary.
  3. 4.3. Liquidated Damages for Dispute Event: Should The Client initiate a Dispute Event, The Client shall be liable for liquidated damages equal to $100.00 USD plus three (3) times the value of the disputed Consideration, representing the cost of administrative overhead and legal counter-proceedings.
  4. 4.4. Anti-Money Laundering (AML) Compliance: The Provider reserves the absolute right to demand full Know-Your-Client (KYC) documentation, including government-issued identification and source of funds verification, for any transaction exceeding $500.00 USD or any suspicious activity, and may unilaterally suspend the account until satisfactory documentation is provided.
  5. 4.5. Funds Forfeiture: Any account balance remaining upon the termination of this Agreement for a breach of Section 3.2 or 4.4 shall be immediately forfeited to The Provider.

ARTICLE V: INTELLECTUAL PROPERTY RIGHTS (IP)

  1. 5.1. Provider’s Proprietary Rights: All content, including but not limited to, the underlying code, methodologies, designs, trademarks, and trade secrets related to the Service Offering, remain the exclusive, non-assignable property of The Provider.
  2. 5.2. Limited License Grant: The Client is granted a non-exclusive, non-transferable, revocable license to access the website solely for the purpose of procuring the Service Offering, subject to full compliance with this Agreement.
  3. 5.3. Client Content License: By submitting content links to The Provider, The Client grants The Provider a worldwide, royalty-free, limited license to access and interact with the content solely to facilitate the delivery of the Service Offering.
  4. 5.4. Infringement Countermeasures: Any attempt by The Client to plagiarize, replicate, or utilize The Provider’s Confidential Information for the creation of a competing service shall result in immediate legal action seeking equitable relief and monetary damages.

ARTICLE VI: DATA PRIVACY AND JURISPRUDENCE

  1. 6.1. Data Collection: The Provider shall collect only that data necessary for the transactional execution of the Service Offering, limited to URLs, public Platform IDs, and payment records.
  2. 6.2. Jurisdiction of Records: All operational data and records shall be maintained and processed in the primary jurisdiction of The Provider and subject to the local data protection jurisprudence of that location.
  3. 6.3. Disclosure Mandate: The Provider reserves the right to disclose any and all Client data, including transactional history, upon receiving a lawful, legally enforceable subpoena or regulatory mandate from a recognized governmental authority.

ARTICLE VII: COMPREHENSIVE LIMITATION OF LIABILITY

  1. 7.1. Absolute Liability Cap: Notwithstanding any other provision herein, the aggregate and cumulative liability of The Provider to The Client for any and all claims arising out of or related to this Agreement shall be strictly limited to the monetary value of the Consideration remitted by The Client for the specific Service Order that is the subject of the claim, not to exceed $100.00 USD, whichever is lower.
  2. 7.2. Exclusion of Consequential Damages: In no event shall The Provider be liable for any punitive, exemplary, indirect, incidental, special, or consequential damages, including, but not limited to, loss of profits, loss of anticipated savings, interruption of business, or depletion of goodwill, even if The Provider has been advised of the theoretical possibility of such damages.
  3. 7.3. Reliance on Third-Party Data: The Client acknowledges that the Service Offering is fundamentally dependent on the unpredictable operational parameters of the Platforms. The Provider explicitly disclaims all liability stemming from Platform downtime, API failure, or unexpected algorithmic modification.

ARTICLE VIII: INDEMNIFICATION AND WAIVER

  1. 8.1. Client Indemnification: The Client shall fully indemnify, defend, and hold harmless The Provider, its subsidiaries, affiliates, officers, directors, and agents against any and all losses, costs, liabilities, and expenses (including reasonable legal fees) arising from:
    • (a) The Client’s gross negligence or willful misconduct.
    • (b) Any breach of the warranties and representations made in Article III.
    • (c) Any third-party claim alleging that the content linked by The Client violates trademark, copyright, or privacy rights.
  2. 8.2. Waiver of Subrogation: The Client hereby waives any right of subrogation against The Provider that might otherwise accrue to the benefit of The Client or its insurers.

ARTICLE IX: GOVERNING LAW, ARBITRATION, AND GENERAL PROVISIONS

  1. 9.1. Governing Jurisdiction: This Agreement shall be governed by, and construed exclusively in accordance with, the laws of the **Republic of India**, without regard to its conflict of laws principles.
  2. 9.2. Binding Arbitration Clause: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be finally resolved by mandatory and binding arbitration administered by the **Indian Council of Arbitration (ICA)** in **New Delhi, India**. The decision rendered by the arbitrator(s) shall be final and judgment may be entered upon it in any court having jurisdiction.
  3. 9.3. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or an arbitral panel to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect (*pari passu*).
  4. 9.4. Entire Agreement: This instrument constitutes the entire agreement between the Parties and supersedes all prior contemporaneous communications, representations, and agreements, whether oral or written.
  5. 9.5. Modification Rights: The Provider reserves the explicit and non-negotiable right to unilaterally modify this Agreement, with such modifications becoming immediately binding upon publication to the website. The Client’s continued use constitutes consent to the modified terms.

**BY ACCESSING OR UTILIZING THE SERVICE OFFERING, THE CLIENT CONFIRMS THEIR COMPREHENSIVE ACCEPTANCE OF ALL STIPULATED COVENANTS HEREIN.**