Effective from April 23, 2026

These Terms of Service (this "Agreement") govern your access to and use of the Platform Services provided by Pumpkin Intelligence, Inc. dba White Circle, a Delaware corporation ("Service Provider"). By creating an account, accessing, or using the Platform Services, you ("Customer") accept this Agreement and agree to be bound by its terms and conditions. If you are accessing or using the Platform Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement, and all references to "Customer" will mean that entity. Service Provider and Customer are each a "Party" and collectively the "Parties."

If you do not agree to this Agreement, you may not access or use the Platform Services.

If you have signed a separate agreement with Service Provider to access the Platform Services with the same account, and that agreement has not ended, the terms of that separate agreement will apply to your use of the Platform Services instead of this Agreement.

This Agreement includes and incorporates by reference the Privacy Policy, currently located at https://whitecircle.ai/privacy (the "Privacy Policy"), and the Data Processing Addendum, currently located at https://whitecircle.ai/dpa (the "DPA"). Customer acknowledges that Service Provider will process certain information in accordance with the Privacy Policy.

1. DEFINITIONS.

(a) "API Request Data" means all inputs submitted by or on behalf of Customer in connection with a Service Provider API request. For clarity, such inputs may include metadata, AI-related prompts and outputs, and other content that is included in the Service Provider API request.

(b) "API Response Data" means all responses, creations or other outputs generated by the Service Provider API by or on behalf of Customer, which may include the formal response along with a summary of the rationale for the response.

(c) "Authorized Users" means employees, agents, consultants or contractors or other persons authorized by Customer to use the Platform Services.

(d) "Credit" means a prepaid unit of value that may be consumed through use of the Service Provider API request.

(e) "Customer Materials" means all API Request Data and Customer Policies and other information, data or content provided or uploaded by or on behalf of Customer or its users, but excluding Service Information and API Response Data.

(f) "Customer Policies" means the policies created by Customer in connection with its use of the Platform.

(g) "Deidentified Data" means data that has been created by or on behalf of Service Provider through the processing of Customer Materials or Personal Information in a manner that the data cannot reasonably be used to identify (directly or indirectly) a natural person or Customer. Deidentified Data excludes the API Response Data and any data derived therefrom.

(h) "Documentation" means specific documentation and any other written information relating to the Platform Services that may be provided or made available to Customer by Service Provider.

(i) "Intellectual Property Rights" means patent rights (including, without limitation, patent applications and disclosures), inventions, copyrights, trade secrets, know-how, data and database rights, mask work rights, and any other intellectual property rights recognized in any country or jurisdiction in the world.

(j) "Personal Information" means any information provided by or on behalf of Customer that relates to an identified or identifiable individual or household, including any "personal data," "personal information," or similar term under applicable data protection laws. Personal Information is a subset of Customer Materials.

(k) "Platform" means Service Provider's proprietary Software as a Service platform that enables users to observe and manage their organization data and settings, Customer Materials, and Customer Policies in connection with trust and safety use cases, accessible at eu.whitecircle.ai, us.whitecircle.ai, and whitecircle.ai.

(l) "Platform Services" means the Service Provider API, Service Provider SDK, Platform and related Documentation.

(m) "Service Information" means any data, learnings or insights derived from: (i) any Customer Materials or (ii) Customer's and/or its Authorized Users' use of the Platform Services, including but not limited to any usage data, metrics or trends with respect to the Platform Services.

(n) "Service Provider API" means Service Provider's application programming interface, including the services contained therein, through which Customer may submit API Request Data and receive API Response Data.

(o) "Service Provider IP" means the Platform Services, the underlying software, algorithms, artificial intelligence and machine learning models, interfaces, technology, databases, datasets, tools, know-how, processes and methods used to train, provide or deliver the Platform Services or its functionality, Documentation and Service Information, all improvements, modifications or enhancements to, or derivative works of, the foregoing (regardless of inventorship or authorship), and all Intellectual Property Rights and other intangible rights in and to any of the foregoing.

(p) "Service Provider SDK" means any software development kit relating to the Platform or Service Provider API that Service Provider may provide to Customer.

2. ELIGIBILITY.

(a) General. You represent that you are lawfully able to enter into contracts. If you are using the Platform Services for an entity, such as the company you work for, you represent that you have authority to bind that entity to this Agreement.

(b) Age Requirement. You must be at least 18 years of age (or the age of majority in the jurisdiction where you reside, whichever is greater) to access or use the Platform Services. If Service Provider learns that a user does not meet this age requirement, Service Provider will terminate that user's account immediately. Without limiting the foregoing, the Platform Services are not intended for use by anyone under the age of 13, and no one under 13 may create an account or provide any personal information to Service Provider.

(c) Competitors. Direct competitors of Service Provider are prohibited from accessing or using the Platform Services without Service Provider's prior written consent.

3. PLATFORM SERVICES.

(a) License. Subject to the terms and conditions of this Agreement, Service Provider hereby grants Customer a limited, non-exclusive, non-transferable (except in compliance with Section 17(e)) right to use and access the Platform Services during the Term, solely for Customer's internal business purposes.

(b) Use Restrictions. Customer will not at any time and will not permit any person (including, without limitation, Authorized Users) to, directly or indirectly: (i) use the Platform Services in any manner beyond the scope of rights expressly granted in this Agreement; (ii) copy, modify or create derivative works of the Platform Services, in whole or in part; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software component of the Platform Services, in whole or in part; (iv) frame, mirror, sell, resell, rent or lease use of the Platform Services to any other person, or otherwise allow any person to use the Platform Services for any purpose other than for the benefit of Customer in accordance with this Agreement; (v) use the Platform Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any person, or that stores, shares or transmits content which is unlawful, infringing, harmful or that violates any person's rights, including privacy rights and Intellectual Property Rights, or any other manner or for any other purpose that violates any applicable law; (vi) interfere with, or disrupt the integrity or performance of, the Platform Services, or any data or content contained therein or transmitted thereby; (vii) circumvent any access or use restrictions put into place to prevent certain uses of the Platform Services; (viii) attempt to disable, impair, or destroy the Platform Services; (ix) access or search the Platform Services (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Platform Services features provided by Service Provider for use expressly for such purposes; or (x) use the Platform Services, the API Response Data or any other Service Provider Confidential Information for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Platform Services.

(c) Authorized Users. Customer will not allow any person other than Authorized Users to access or use the Platform Services. Customer may permit Authorized Users to access and use the Platform Services, provided that Customer ensures each Authorized User complies with all applicable terms and conditions of this Agreement and Customer is responsible for acts or omissions by Authorized Users in connection with their access to or use of the Platform Services. Customer will promptly notify Service Provider if Customer knows or reasonably suspects that an Authorized User's applicable credentials have been compromised.

(d) Ethical Customer Policies. Customer represents, warrants, and covenants that any Customer Policies it implements to filter, moderate, suppress, prioritize, or otherwise govern API Request Data will: (i) be designed and applied in a manner that is ethical, transparent, and consistent with applicable laws, regulations, and industry standards; (ii) not result in unlawful, unfair, or improper discrimination against individuals or groups, including on the basis of protected characteristics; and (iii) be designed to mitigate risks of bias, harm, or disparate impact, including periodic review and calibration. Customer shall promptly remove such Customer Policies if Customer becomes aware that its Customer Policies may cause noncompliance with this provision. Nothing in this provision transfers responsibility for Customer Policies to Service Provider, and Customer remains solely responsible for their design, implementation, and effects. Without limiting Service Provider's obligations under this Agreement, Customer acknowledges and agrees that Customer is solely responsible for (i) the configurations and design decisions related to its Customer Policies and Customer Materials, (ii) ensuring compliance with applicable laws regarding any illicit content within Customer Materials submitted to Service Provider for processing via the Platform Services, and (iii) implementing those configurations and design decisions and handling Customer Materials in a secure manner that complies with applicable laws.

(e) DPA. To the extent the API Request Data includes Personal Information, Service Provider's processing of such Personal Information will be done in accordance with the DPA. If and to the extent language in the DPA with respect to the handling of Personal Information conflicts with this Agreement, the conflicting terms in the DPA with respect to Personal Information shall control.

(f) Beta Features. From time to time, Service Provider may make certain features, functionalities, or services available to Customer on a beta, trial, pilot, or evaluation basis ("Beta Features"). Customer acknowledges and agrees that Beta Features are made available "AS IS," without any warranties of any kind, whether express, implied, statutory, or otherwise, and may be modified, suspended, or discontinued at any time without notice and without any liability to Customer. Service Provider makes no representations or warranties that Beta Features will function without error or interruption, or that any data or content provided or generated in connection with Beta Features will be accurate, complete, or preserved. Customer's use of Beta Features is entirely voluntary and at Customer's own risk. Notwithstanding anything to the contrary in this Agreement, Service Provider shall have no indemnification, support, or service level obligations with respect to Beta Features.

4. THIRD-PARTY SERVICES AND SOFTWARE.

(a) Disclaimer. The Platform Services are designed to allow Customer and its Authorized Users to interface or interact with, access and/or use compatible third-party services, products, technology and content, including generative AI tools and related large language models maintained by third parties and the API Response Data generated by such AI models and tools (collectively, "Third-Party Services") through the Platform Services. Service Provider does not provide any aspect of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Platform Services or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. The Third-Party Services' terms will govern use of the Third-Party Services, including the rights with respect to API Response Data.

(b) Availability of Third-Party Services. Customer acknowledges and agrees that: (i) the nature, type, quality and availability of Third-Party Services may change at any time during the Term, and (ii) features of the Platform Services that interoperate with Third-Party Services depend on the continuing availability of such third parties' respective content and/or features, as applicable. Service Provider may need to update, change or modify the Platform Services under this Agreement as a result of a change in, or unavailability of, such Third-Party Services. If any third-party ceases to make its Third-Party Services available on reasonable terms for the Platform Services, as determined by Service Provider in its sole discretion, Service Provider may cease providing access to the applicable Third-Party Services, without any liability to Customer. Any changes to the Third-Party Services, including their unavailability, during the Term does not affect Customer's obligations under this Agreement, and Customer will not be entitled to any refund, credit or other compensation for any such changes.

5. INTELLECTUAL PROPERTY.

(a) Service Provider. Subject to the limited rights expressly granted hereunder, Service Provider reserves and, as between the Parties, will solely own, the Service Provider IP, the Service Information and all rights, title and interest in and to the Service Provider IP and Service Information. No rights are granted to Customer hereunder (whether by implication, estoppel, exhaustion or otherwise) other than as expressly set forth herein.

(b) Customer. As between Customer and Service Provider, Customer owns and retains all right, title and interest in and to all Customer Materials. Customer hereby grants Service Provider a non-exclusive, worldwide right and license during the Term to use Customer Materials solely to provide, maintain, support, and secure the Platform Services for Customer. For the avoidance of doubt, Service Provider may use Deidentified Data and API Response Data to train, improve, or develop generalized models, algorithms, or services offered to third parties, provided that all Customer Materials have been converted to Deidentified Data prior to such use. Nothing in this Agreement restricts Service Provider's use of Service Information, provided it does not include Customer Materials that have not been converted to Deidentified Data or Personal Information, and does not identify Customer or its users. Service Provider will not attempt to re-identify, and will not permit any third party to attempt to re-identify, any Deidentified Data, and will maintain processes designed to prevent any such re-identification.

(c) Feedback. From time to time Customer or its Authorized Users may provide Service Provider with suggestions, comments, feedback or the like with regard to the Platform Services (including with respect to any feedback Customer may provide within the Platform regarding the API Response Data) (collectively, "Feedback"). Customer hereby grants Service Provider a perpetual, irrevocable, royalty-free and fully-paid up license to use and exploit all Feedback in connection with Service Provider's business purposes, including, without limitation, the testing, development, maintenance and improvement of the Platform Services.

6. CHANGES TO THE SERVICES.

Service Provider reserves the right to at any time modify or update the Platform Services (or any part or content thereof) without advance notice, and Service Provider will not be liable to Customer, any Authorized User or to any third-party for any modification or suspension of the Platform Services.

7. FEES AND PAYMENT.

(a) Fees and Pricing. Certain parts of the Platform Services have different pricing plans, which are available to workspace administrators within the account settings of the Platform at whitecircle.ai (the "Pricing Information"). Customer will pay Service Provider the applicable fees ("Fees") based on the product tier and Customer's usage as set forth in the Pricing Information. Service Provider may update pricing by giving at least thirty (30) days' notice to Customer (including by email or notification within the Platform), and the change will apply in the next Subscription Period (as defined in Section 11(a)).

(b) Prepaid Credits. Customer may purchase prepaid usage Credits in amounts specified in the Pricing Information ("Prepaid Credits"). Credits are consumed in connection with Customer's use of the Service Provider API as described herein. Credits are non-refundable and non-transferable. Credits shall be depleted at a rate set forth in the Pricing Information per Service Provider API request. The Platform's system logs and usage reports, as may be made available through the Platform, shall be the authoritative record for metering and credit consumption. Unless otherwise agreed in writing, Prepaid Credits expire twelve (12) months from the date of purchase and do not roll over. Any unused Credits at expiration are forfeited.

(c) Additional Credit Purchases. If Customer depletes all Credits prior to their expiration, Customer may purchase additional Credits in increments specified in the Pricing Information or as otherwise agreed in writing. Service Provider may, at its discretion, allow for additional Credits to be purchased: (i) on-demand via the Platform's purchase workflow; (ii) pursuant to an auto-replenishment setting enabled by Customer, in which case Service Provider is authorized to charge Customer for additional Credits automatically when the remaining Credit balance reaches a specified threshold; or (iii) upon the mutual written agreement of the Parties, email being sufficient.

(d) Overage Charges. If Customer's remaining Credits reach zero and Customer has not purchased additional Credits, then continued use of the Platform Services may be permitted subject to overage fees ("Overage Fees"). Overage Fees shall be charged per Service Provider API request at the then-current per-request rate stated in the Pricing Information, which may be higher than the effective per-request rate under Prepaid Credits. Overage Fees are invoiced monthly in arrears and payable pursuant to this Section 7.

(e) Payment Process. All Fees are billed on a monthly basis. Fees shall be collected via one of the following methods: (i) Automatic Payment --- Customer authorizes Service Provider to bill and charge Customer's payment method on file (such as a credit card, debit card, or other method offered by Service Provider) for immediate payment or deduction without further approval; or (ii) Invoicing --- Service Provider will send monthly invoices for usage-based Fees (including Overage Fees) in arrears and for all other Fees in advance. If Service Provider cannot charge Customer's selected payment method for any reason (such as expiration or insufficient funds), Customer remains responsible for any uncollected amounts, and Service Provider will attempt to charge the payment method again as Customer may update its payment method information. In accordance with local law, Service Provider may update information regarding Customer's selected payment method if provided such information by Customer's financial institution.

(f) Payments. All payments are non-refundable and neither Party will have the right to set off, discount or otherwise reduce or refuse to pay any amounts due to the other Party under this Agreement. If Customer fails to make any payment when due, late charges will accrue at the rate of 1.5% per month or, if lower, the highest rate permitted by applicable law, and Service Provider may suspend or shut down the Platform Services until all payments are made in full. Customer will reimburse Service Provider for all reasonable costs and expenses incurred (including reasonable attorneys' fees) in collecting any late payments or interest. Customer is responsible for providing complete and accurate billing and contact information and to update Service Provider of any changes to such information.

(g) Taxes. Customer is responsible for all sales, use, ad valorem and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, multinational or local governmental regulatory authority on any amount payable by Customer to Service Provider hereunder, other than any taxes imposed on Service Provider's income. Without limiting the foregoing, in the event that Customer is required to deduct or withhold any taxes from the amounts payable to Service Provider hereunder, Customer will pay an additional amount, so that Service Provider receives the amounts due to it hereunder in full, as if there were no withholding or deduction.

(h) Suspension for Non-Payment or Exhaustion. Service Provider may suspend Customer's ability to submit further Service Provider API requests if: (i) Customer has exhausted all Credits and has not enabled auto-overage or purchased additional Credits; or (ii) Customer is delinquent on Overage Fees or other amounts due. Service Provider shall lift the suspension upon receipt of payment for additional Credits or outstanding amounts.

8. CONFIDENTIAL INFORMATION.

(a) Definitions. As used herein, "Confidential Information" means any information that one Party (the "Disclosing Party") provides to the other Party (the "Receiving Party") in connection with this Agreement, whether orally or in writing, that is designated as confidential or that reasonably should be considered to be confidential given the nature of the information and/or the circumstances of disclosure. However, Confidential Information will not include any information or materials that: (i) were, at the date of disclosure, or have subsequently become, generally known or available to the public through no act or failure to act by the Receiving Party; (ii) were rightfully known by the Receiving Party prior to receiving such information or materials from the Disclosing Party; (iii) are rightfully acquired by the Receiving Party from a third party who has the right to disclose such information or materials without breach of any confidentiality or non-use obligation to the Disclosing Party; or (iv) are independently developed by or for the Receiving Party without use of or access to any Confidential Information of the Disclosing Party. For clarity, the Service Provider IP will be deemed Service Provider's Confidential Information.

(b) Confidentiality Obligations. The Receiving Party will maintain the Disclosing Party's Confidential Information in strict confidence, and will not use the Confidential Information of the Disclosing Party except as necessary to perform its obligations or exercise its rights under this Agreement. The Receiving Party will not disclose or cause to be disclosed any Confidential Information of the Disclosing Party, except (i) to those employees, representatives, or contractors of the Receiving Party who have a bona fide need to know such Confidential Information to perform under this Agreement and who are bound by written agreements with use and nondisclosure restrictions at least as protective as those set forth in this Agreement, or (ii) as such disclosure may be required by the order or requirement of a court, administrative agency or other governmental body, subject to the Receiving Party providing to the Disclosing Party reasonable written notice to allow the Disclosing Party to seek a protective order or otherwise contest the disclosure.

9. REPRESENTATIONS AND WARRANTIES.

(a) Mutual Representations and Warranties. Each Party hereby represents and warrants to the other Party that: (i) it is duly organized, validly existing and in good standing under its jurisdiction of organization and has the right to enter into this Agreement and (ii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby are within the corporate powers of such Party and have been duly authorized by all necessary corporate action on the part of such Party, and constitute a valid and binding agreement of such Party.

(b) Customer Representations and Warranties. Customer represents and warrants that (i) it has obtained and will obtain and continue to have, during the Term, all necessary rights, authority and licenses for the access to and use of the Customer Materials (including any Personal Information provided or otherwise collected pursuant to Customer's privacy policy) as contemplated by this Agreement, (ii) it is solely responsible for all use of the API Response Data and for evaluating the accuracy and appropriateness of the API Response Data for Customer's use case, and (iii) Service Provider's use of the Customer Materials in accordance with this Agreement will not violate any applicable laws or regulations, infringe or violate any Intellectual Property Rights of any third-party or cause a breach of any agreement or obligations between Customer and any third party.

10. SUPPORT.

Service Provider will use commercially reasonable efforts to provide reasonable technical support to Customer in accordance with the Service Level Addendum, as may be amended by Service Provider from time to time, and currently located at: https://external.whitecircle.ai/wc-sla.

11. TERM AND TERMINATION.

(a) Term. This Agreement begins on the date Customer first accepts this Agreement (the "Effective Date") and remains in effect for an initial period of one (1) month from the Effective Date. This Agreement will automatically renew for additional one (1) month periods (each such one-month period, a "Subscription Period") unless either Party provides the other with written notice of its intent not to renew prior to the end of the then-current Subscription Period. The entire duration of this Agreement, including all renewal periods, is the "Term."

(b) Termination. Either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and, if able to be cured, such breach remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach.

(c) Suspension. In addition to the rights provided for in Section 7(h), Service Provider is entitled, without liability to Customer, to immediately suspend, terminate or limit Customer's or any Authorized User's access to any or all of the Platform Services at any time in the event that: (i) Service Provider reasonably suspects that the Platform Services are being used in violation of any applicable law or regulation or in a manner inconsistent with this Agreement; (ii) Service Provider determines that the Platform Services are being used in an unauthorized or fraudulent manner; (iii) Service Provider is prohibited by an order of a court or other governmental agency from providing the Platform Services; or (iv) any other event which Service Provider determines, in its sole discretion, may create a risk to the Platform Services or to any other users of the Platform Services. Without limitation, Service Provider will have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of Customer's right to use the Platform Services in accordance with this Agreement.

(d) Effect of Termination. Upon expiration or termination of this Agreement: (i) each Party will make no further use of any Confidential Information belonging to the other Party, and, to the extent commercially feasible, will promptly return to the other Party (or destroy) all such Confidential Information of the other Party in its possession or control, except for any archived electronic communications which may be stored confidentially; (ii) Customer's and its Authorized Users' right to use the Platform Services will immediately terminate, and Customer shall, if applicable, permanently remove the Platform Services (consistent with customary industry practice for data destruction) from any storage devices or other hosting environments that are in Customer's possession or under Customer's control, and at Service Provider's request, certify in writing to Service Provider that the Platform Services have been deleted; and (iii) all Fees owed by Customer to Service Provider will be immediately due and payable; provided that if Customer terminates this Agreement for cause in accordance with Section 11(b), Service Provider will, as Customer's sole remedy, refund a pro rata amount of any Fees paid up-front based on the remainder of the then-current Subscription Period.

(e) Survival. Sections 1, 5, 7, 8, 9, 11(d), 11(e), 13, 14, 15, 16, and 17 will survive any termination or expiration of this Agreement.

12. MARKETING AND PUBLICITY.

(a) Trademark License. Customer hereby grants Service Provider a limited, non-exclusive, royalty-free license to use and display Customer's name, designated trademarks and associated logos (the "Customer Marks") during the Term in connection with (i) the hosting, operation and maintenance of the Platform Services; and (ii) Service Provider's marketing and promotional efforts for its products and services, including by publicly naming Customer as a customer of Service Provider and in case studies. All goodwill and improved reputation generated by Service Provider's use of the Customer Marks inures to the exclusive benefit of Customer.

(b) Marketing Activities. With Customer's prior written consent (such consent not to be unreasonably conditioned, withheld or delayed), Customer agrees to support Service Provider's marketing activities including but not limited to Customer's participating in a written case study or blog post, developing joint collateral, speaking to press, providing a company logo for Service Provider's website and other collateral, and providing quotes for Service Provider's digital presence. Service Provider will develop this content in concert with Customer and will work with the necessary internal Customer stakeholders for approval.

13. DISCLAIMER.

(a) General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM SERVICES AND OTHER SERVICE PROVIDER IP ARE PROVIDED ON AN "AS IS" BASIS, AND SERVICE PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS TO CUSTOMER, ITS AUTHORIZED USERS OR TO ANY OTHER PARTY REGARDING THE PLATFORM SERVICES, THE SERVICE PROVIDER IP OR ANY OTHER MATERIALS PROVIDED HEREUNDER. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF THE PLATFORM SERVICES IS AT CUSTOMER'S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, SERVICE PROVIDER HEREBY DISCLAIMS ANY WARRANTY THAT USE OF THE PLATFORM SERVICES WILL BE ERROR-FREE, BUG-FREE OR UNINTERRUPTED.

(b) Disclaimer of API Response Data. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE QUALITY OF THE API REQUEST DATA WILL IMPACT THE QUALITY OF THE API RESPONSE DATA. IF THE API REQUEST DATA IS INACCURATE, INCOMPLETE, OR INCONSISTENT, THE API RESPONSE DATA WILL LIKELY REFLECT THESE DEFICIENCIES. SERVICE PROVIDER DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE API RESPONSE DATA OR THAT IT WILL MEET CUSTOMER'S REQUIREMENTS OR ACHIEVE ANY SPECIFIC RESULTS. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES BY THE NATURE OF THE PLATFORM SERVICES AND THIRD-PARTY SERVICES, API RESPONSE DATA MAY CONTAIN INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, OR WHICH INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR OTHER APPLICABLE LAW; AND THAT THE PLATFORM SERVICES AND THIRD-PARTY SERVICES MAY PRODUCE API RESPONSE DATA FOR THIRD PARTIES WHICH RESEMBLE THE API RESPONSE DATA PROVIDED TO CUSTOMER BUT WHICH WERE CREATED USING DIFFERENT API REQUEST DATA. CUSTOMER WILL EVALUATE THE CONTENT, ROBUSTNESS, RELIABILITY AND ACCURACY OF ANY API RESPONSE DATA AS APPROPRIATE FOR THE APPLICABLE USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE API RESPONSE DATA.

14. LIMITATIONS OF LIABILITY.

(a) Consequential Damages. IN NO EVENT WILL SERVICE PROVIDER BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR THE COST OF COVER OR SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

(b) Total Liability. IN NO EVENT WILL SERVICE PROVIDER'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ITS AUTHORIZED USERS IN CONNECTION WITH THIS AGREEMENT, THE SERVICE PROVIDER IP OR THE PROVISION OF THE PLATFORM SERVICES EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO SERVICE PROVIDER IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, LESS ALL AMOUNTS PAID BY SERVICE PROVIDER TO CUSTOMER FOR ALL PAST CLAIMS OF ANY KIND MADE UNDER OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT SERVICE PROVIDER OR CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

(c) Basis of the Bargain. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 14 ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN SERVICE PROVIDER AND CUSTOMER, AND WILL APPLY EVEN IF THE REMEDIES AVAILABLE HEREUNDER ARE FOUND TO FAIL THEIR ESSENTIAL PURPOSE.

(d) Mandatory Law Savings. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (IV) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE MANDATORY LAW.

15. INDEMNIFICATION.

(a) Indemnification by Service Provider. Service Provider will indemnify, defend, and hold Customer harmless from and against any damages and liabilities (including costs and reasonable attorneys' fees) finally awarded against Customer by a court of competent jurisdiction, or agreed to in settlement, to the extent arising from a claim, suit or proceeding brought by a third-party alleging that the Platform Services, when used by Customer in accordance with this Agreement, infringe or misappropriate such third party's intellectual property rights. If Service Provider reasonably believes the Platform Services (or any component thereof) may infringe any third party's intellectual property rights, Service Provider may, at its sole option and expense: (i) modify or replace the Platform Services to make them non-infringing; or (ii) procure the right for Customer to continue use. If Service Provider determines that neither alternative is commercially practicable, Service Provider may terminate this Agreement upon written notice and will refund to Customer a pro-rata portion of any Fees paid for the unexpired portion of the then-current Subscription Period. Service Provider's obligations under this Section 15(a) will not apply if the underlying claim arises from: (i) Customer's breach of this Agreement; (ii) any Customer Materials or Third-Party Services; (iii) modifications to the Platform Services by anyone other than Service Provider; (iv) Customer's failure to use updates or enhancements provided by Service Provider; or (v) use of the Platform Services in combination with software, data, or materials not provided by Service Provider. This Section 15(a) states Customer's sole and exclusive remedy for any intellectual property infringement claim relating to the Platform Services.

(b) Indemnification by Customer. Customer will indemnify, defend (at Service Provider's option), and hold Service Provider harmless from and against any damages and liabilities (including costs and reasonable attorneys' fees) awarded against Service Provider, and amounts agreed to in settlement with respect to each of the foregoing, to the extent arising from a claim, suit or proceeding brought by a third-party ("Claims") against Service Provider that: (i) the Customer Materials or their use by Service Provider in accordance with this Agreement infringes, misappropriates, or violates a third-party's intellectual property rights, or rights of publicity or privacy, or are illegal or contain illicit content, or result in the violation of any applicable law or regulation; (ii) is based on Customer's or an Authorized User's use of the Platform Services or Documentation to the extent such use was not in accordance with this Agreement, including without limitation any breach of the use restrictions in Section 3(b); or (iii) is based on the Customer Policies, including for breach of the restrictions in Section 3(d).

(c) Indemnification Procedure. Each Party's obligations under this Section 15 are contingent upon the Party seeking indemnification: (i) providing the indemnifying Party with prompt written notice of such claim (but in any event notice in sufficient time for the indemnifying Party to respond without prejudice); (ii) giving the indemnifying Party the exclusive right to defend or settle such claim; and (iii) providing all reasonably necessary cooperation to the indemnifying Party, at the indemnifying Party's expense, in the defense and settlement of such claim. The indemnified Party may participate in the defense of any claim at its own expense, subject to the indemnifying Party's retention of overall control over the defense and settlement of the claim.

16. GOVERNING LAW AND JURISDICTION.

This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. The Parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the state or federal courts located in the State of Delaware, and the Parties irrevocably consent to the personal jurisdiction and venue therein.

17. MISCELLANEOUS.

(a) Entire Agreement. This Agreement (including all documents incorporated by reference herein) constitutes the entire agreement between the Parties with respect to its subject matter and supersedes any and all prior or contemporaneous agreements, communications and understandings, both written and oral, with respect to its subject matter. This Agreement may be amended or modified by Service Provider from time to time, and Service Provider will make commercially reasonable efforts to provide notice (email being sufficient) to Customer of any amendments or modifications to this Agreement. Customer's continued use of the Platform Services after such notice constitutes acceptance of the amended Agreement.

(b) Notices. All notices required or permitted under this Agreement will be in writing, will reference this Agreement, and will be sent to the relevant address provided by Customer or to such other address as may be specified by the relevant Party to the other Party in accordance with this Section 17(b). Such notices will be deemed given: (i) when delivered personally; (ii) one (1) business day after deposit with a nationally recognized express courier, with written confirmation of receipt; (iii) when sent by email, on the date the email was sent without a bounce back message if sent during normal business hours of the receiving party, and on the next business day if sent after normal business hours of the receiving party; or (iv) three (3) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid.

(c) Waiver. Either Party's failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision of this Agreement will be effective unless it is in writing and signed by the Party granting the waiver.

(d) Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the Parties, and the remaining provisions of this Agreement will remain in full force and effect.

(e) Assignment. Neither Party may assign or transfer this Agreement, by operation of law or otherwise, without the other Party's prior written consent. Any attempt to assign or transfer this Agreement without such consent will be void. Notwithstanding the foregoing, Service Provider may assign or transfer this Agreement to a third party that succeeds to all or substantially all of Service Provider's business and assets relating to the subject matter of this Agreement, whether by sale, merger, operation of law or otherwise. Subject to the foregoing, this Agreement is binding upon and will inure to the benefit of each of the Parties and their respective successors and permitted assigns. Service Provider may also freely engage subcontractors in connection with the performance of its obligations under this Agreement.

(f) Equitable Relief. Each Party agrees that a breach or threatened breach by such Party of any of its obligations under Section 8 (Confidential Information) or, in the case of Customer, Section 3(b), would cause the other Party irreparable harm and significant damages for which there may be no adequate remedy under law and that, in the event of such breach or threatened breach, the other Party will have the right to seek immediate equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.

(g) Force Majeure. Neither Party will be responsible for any failure or delay in the performance of its obligations under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, which may include, without limitation, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts (including government-imposed travel restrictions and quarantines), material changes in law, war, terrorism, riot, or acts of God.

(h) Export Regulation. Customer affirms that it is not named on, owned by, or acting on behalf of any U.S. government denied-party list, and it agrees to comply fully with all relevant export control and sanctions laws and regulations of the United States ("Export Laws") to ensure that neither the Platform Services, software, any Customer Materials, nor any technical data related thereto is: (i) used, exported or re-exported directly or indirectly in violation of Export Laws; or (ii) used for any purposes prohibited by the Export Laws, including, but not limited to, nuclear, chemical, or biological weapons proliferation, missile systems or technology, or restricted unmanned aerial vehicle applications. Customer will complete all undertakings required by Export Laws, including obtaining any necessary export license or other governmental approval.

(i) U.S. Government End Users. The Platform Services and related software were developed solely at private expense and are "commercial products", "commercial items", or "commercial computer software" as defined in the Federal Acquisition Regulation 2.101 and other relevant government procurement regulations including agency supplements. Any use, duplication, or disclosure of the Platform Services or related software by or on behalf of the U.S. government is subject to restrictions as set forth in this Agreement as consistent with federal law and regulations. If these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Customer will immediately discontinue its use of the Platform Services and related software.

(j) Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing in this Agreement will be construed to establish any partnership, joint venture or agency relationship between the Parties. Neither Party will have the power or authority to bind the other or incur any obligations on the other's behalf without the other Party's prior written consent.

(k) No Third-Party Beneficiaries. Except as expressly set forth in this Agreement, no provision of this Agreement is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person other than the Parties and their respective successors and assigns.

Previous version: Terms of Service effective from July 10, 2025 to April 22, 2026