Master License and Services Agreement

Terms governing access to and use of 4Camp products and services

Version 1.2 | Effective date: See opening paragraph | Last updated: October 11, 2026

This Master License and Services Agreement (the “Agreement”) is entered into between 4Camp, Inc., a Delaware corporation with offices at 5200 NW 33rd Ave Ste 200-AM260, Fort Lauderdale, FL 33309 (“4Camp”), and the customer identified herein or in the applicable Order Form (“Customer”) (each, a “Party,” and collectively, the “Parties”). The “Effective Date” is the earlier of: (a) the date the Parties execute this Agreement; or (b) for an Online Order, the date Customer electronically accepts the Online Order.

INTRODUCTION

WHEREAS, Customer wishes to receive, and 4Camp is willing to provide to Customer, certain licenses and services as described in this Agreement, subject to the terms of this Agreement; and

NOW, THEREFORE, in consideration of the obligations assumed and rights granted herein by each Party, the Parties hereby agree to the terms set forth in this Agreement.

AGREEMENT

This Agreement consists of this cover page (“Cover Page”), the Standard Terms and Conditions, each Order Form that is either attached to this Cover Page or that is separately executed between the Parties with reference to this Cover Page, the Data Processing Addendum (“DPA”) identified in Exhibit D. The following Exhibits are incorporated into this Agreement only as applicable to the Products identified in an Order Form: (a) Exhibit A applies automatically to each SaaS Software Program; (b) Exhibit B applies automatically to each Installed Software Program; (c) Exhibit C applies only to Products for which Maintenance Services are included in the applicable Service Plan or Order Form; and (d) Exhibit D applies to the extent 4Camp Processes Customer Personal Data as a Processor on behalf of Customer.

Notwithstanding anything in the Agreement to the contrary, Exhibit A is applicable solely with respect to any SaaS Software Programs, and Exhibit B is applicable solely with respect to any Installed Software Programs.

If signature blocks accompany this Agreement, they are for manual execution by the Parties. For an Online Order, this Agreement becomes binding upon Customer’s electronic acceptance, and separate signatures are not required. The individual accepting an Online Order represents and warrants that the individual has authority to bind Customer to this Agreement. Products made available under this Agreement are offered solely for business or professional use and not for personal, family, household, or other consumer use.

STANDARD TERMS

1. DEFINITIONS.

Any capitalized terms used but not defined in this Section 1 shall have the meanings given to them in the Agreement, including any Exhibits.

1.1 “Authorized User” means any individual who is authorized by Customer to access and use the Products.

1.2 “Confidential Information” means any and all information and materials of or related to the disclosing Party (“Discloser”) that are disclosed during the Term (whether in writing, or in oral, graphic, electronic or any other form) by or on behalf of Discloser to the other Party (“Recipient”) under circumstances that would indicate to a reasonable person that such information or materials are confidential or proprietary. Without limiting the foregoing, 4Camp’s Confidential Information includes: (a) its software (in source code and object code form) and AI technologies and (b) any trade secrets, know-how, ideas, inventions, processes, techniques, algorithms, hardware, devices, designs, schematics, drawings, formulae, data, plans, strategies and forecasts of 4Camp and its employees, consultants, investors, licensors, contractors, customers, and third-party customers.

1.3 “AI Model” means any artificial-intelligence or machine-learning model, model family, model version, endpoint, inference service, or related model capability accessed through or used in connection with a Product.

1.4 “Model Output” means any content, response, recommendation, analysis, code, prediction, or other output generated by or through an AI Model.

1.5 “4Camp-Supplied Model” means an AI Model that 4Camp selects and makes available through a Product using an account, application programming interface key, subscription, agreement, or other provider relationship maintained by 4Camp, including an AI Model made available through a multi-model supplier selected by 4Camp or under a Bundled Model Allowance. An AI Model may be a 4Camp-Supplied Model even though Customer decides whether to activate or use it. A 4Camp-Supplied Model does not include a Customer-Supplied Model.

1.6 “Customer-Supplied Model” means an AI Model or multi-model service that Customer obtains, licenses, subscribes to, or accesses through Customer's own account, credentials, application programming interface key, agreement, or other direct relationship with the applicable provider, even if Customer connects to or accesses it through a Product.

1.7 “Bundled Model Allowance” means a usage entitlement, quota, credit, or other commercial allowance included in a Service Plan that Customer may apply toward eligible 4Camp-Supplied Models. A Bundled Model Allowance is not a purchase, license, or guarantee of continued access to any particular AI Model.

1.8 “Provider Notation” means a notation, label, badge, description, or other indicator displayed through a Product that identifies an AI Model provider's stated data-handling practice, including a provider-stated claim of zero data retention, ZDR, no-training processing, or a similar protection.

1.9 “Renewal Anniversary” means for an annual or multi-year Subscription Term, each anniversary of the commencement date of the then-current Subscription Term, including a renewal term, and, for a month-to-month Subscription Term, the next monthly renewal date.

1.10 “Customer Data” means any data, content, files, prompts, configurations, or other information submitted, uploaded, transmitted, or otherwise provided by or on behalf of Customer for processing by the Products.

1.11 “Documentation” means such manuals, documentation and any other supporting materials relating to the Licensed Software or Products as are currently maintained by 4Camp and generally provided to its licensees. Documentation does not include training or course materials licensed or sold separately or documentation delivered in the course of an implementation project or other Professional Services.

1.12 “Installed Software Program” means Licensed Software (a) installed on Customer’s systems or hosted by Customer, and (b) designated as such on an Order Form, and includes any updated or corrected versions of such program, if any, provided by 4Camp to Customer as part of the applicable Maintenance Services.

1.13 “Intellectual Property” means all forms of intellectual property rights and protections, including all right, title, and interest arising under U.S. common and statutory law, and under the laws of other countries, in and to all (a) patents and filed, pending, or potential applications for patents, including any reissue, reexamination, division, continuation, or continuation-in-part applications throughout the world now or hereafter filed; (b) trade secret rights and equivalent rights; (c) copyrights and other literary property or authors rights, whether or not protected by copyright or as a mask work; and (d) proprietary indicia, trademarks, trade names, symbols, domain names, URLs, logos, and brand names.

1.14 “Internal Purposes” means Customer’s own internal business operations conducted in the ordinary course of Customer’s business.

1.15 “Licensed Software” means the object code versions of the computer software obtained by Customer under this Agreement, any extracts from such software, derivative works of such software or collective works constituting such software (such as subsequent releases) to the extent offered to Customer under this Agreement, and the related Documentation. All such Licensed Software shall be specified in an Order Form.

1.16 “Maintenance Services” means the maintenance, support, updates, upgrades, security patches, technical assistance, lifecycle support, and related services that 4Camp may make available for one or more Products. Maintenance Services may be included as part of a Service Plan or may be separately purchased by Customer, in each case as specified in the applicable Order Form.

1.17 “Product” means the particular 4Camp Software Program(s) and authenticated web services, information services, and other products and services, if any, to be provided to Customer by 4Camp and identified on an Order Form, and all algorithms, spreadsheets, methodologies, software, and associated data provided by 4Camp in connection therewith.

1.18 “Service Plan” means the commercial offering identified in an applicable Order Form, including the applicable Products, Maintenance Services (if any), pricing, billing model, usage entitlements, quotas, Bundled Model Allowances (if any), limitations, and other commercial terms applicable to Customer.

1.19 “Order Form” means either: (a) a document executed by authorized representatives of 4Camp and Customer that references this Agreement and identifies the applicable Products, Service Plan, Subscription Term, fees, billing model, Maintenance Services and other commercial terms; or (b) an electronic order, checkout record, registration flow, or other online transaction accepted by Customer through a process made available by 4Camp or an authorized reseller, channel partner, or merchant of record for a 4Camp Product that identifies the applicable Products and commercial terms (an “Online Order”). An Online Order includes an electronic plan-change confirmation that identifies the revised Service Plan, fees, billing schedule, and Subscription Term and that Customer affirmatively accepts through a process made available by 4Camp or the applicable seller. Customer’s affirmative acceptance of an Online Order constitutes Customer’s electronic signature and agreement to be bound by this Agreement and the terms displayed or incorporated into that Online Order.

1.20 “Self-Service Plan” means a standardized Service Plan purchased or activated through an Online Order, including any subsequent renewal under that Online Order and any standardized upgrade, downgrade, or other plan change recorded in a subsequent Online Order that Customer affirmatively accepts and that is processed by 4Camp, its designated payment processor, or an authorized reseller, channel partner, or merchant of record. 4Camp's assistance in selecting, requesting, arranging, or processing such a change, including on Customer's behalf, does not alter the plan's status as a Self-Service Plan. A Self-Service Plan ceases to be such only if the Parties enter into a separately negotiated and mutually executed Order Form that expressly replaces the applicable Self-Service terms.

1.21 “Subscription Term” means the period during which Customer is authorized to access, use, or receive the applicable Products and any associated Maintenance Services, as specified in the applicable Order Form. The Subscription Term, including its duration and any renewal or expiration provisions, shall be as identified in the applicable Order Form. An annual Subscription Term is billed as a single annual charge, even if pricing materials describe its price as an average monthly amount.

1.22 “Professional Services” means project-based consulting, implementation, onboarding, installation, configuration, customization, integration, migration, training, advisory, workflow development, tool development, agent development, project management, or other project-based or consulting services that 4Camp may provide to Customer pursuant to a separate professional services master services agreement and applicable Statement of Work mutually executed by the Parties.

1.23 “SaaS Software Program” means Licensed Software (a) made available by 4Camp as a software-as-a-service offering and (b) designated as such on an Order Form and includes any updated or corrected version of such program, if any, provided by 4Camp to Customer.

1.24 “Software Programs” means Installed Software Programs or SaaS Software Programs.

1.25 “Supported Release” means a version of a Product that 4Camp currently designates as eligible to receive applicable Maintenance Services in accordance with 4Camp’s then-current product lifecycle or support policies.

1.26 “Service Level Commitments” means the service availability, support levels, maintenance windows, response objectives, service credits, and other operational service commitments applicable to a Product or Service Plan, as specified in the applicable Order Form, Service Plan, or Maintenance Services terms.

1.27 “Usage Limits” means the quantitative, operational, licensing, or capacity entitlements and limitations applicable to a Product, Service Plan, or Subscription Term, including any Soft Limits and Hard Limits, as specified in the applicable Service Plan, Order Form, or other documentation referenced therein.

1.28 “Soft Limits” means Usage Limits included within Customer’s applicable Service Plan that may be exceeded, subject to applicable overage charges or other commercial terms. Unless otherwise specified in the applicable Service Plan or Order Form, Customer’s utilization in excess of a Soft Limit shall be billed automatically at 4Camp’s then-current published overage rates applicable to Customer’s Service Plan.

1.29 “Hard Limits” means Usage Limits representing the maximum licensed capacity authorized under Customer’s applicable Service Plan or Order Form. Customer may not exceed a Hard Limit unless Customer purchases additional licensed capacity or otherwise upgrades its applicable Service Plan.

1.30 “Territory” means Worldwide.

2. LICENSE.

2.1 Software License. Subject to the terms and conditions of this Agreement, the applicable Service Plan, and the applicable Order Form, 4Camp hereby grants to Customer a non-exclusive, non-sublicensable, and non-transferable license in the Territory during the applicable Subscription Term: (a) with respect to any Product that is an Installed Software Program, to install, access, and use the Product; and (b) with respect to any other Product, including any SaaS Software Program, to access and use the Product.

2.2 Restrictions. All rights not expressly granted to Customer are hereby reserved by 4Camp and its licensors, and Customer agrees that it shall make no use of the Licensed Software or Products except as expressly authorized in this Section 2. The license granted pursuant to Section 2.1 is subject to the following limitations: (a) Customer shall use the Licensed Software for its Internal Purposes only; (b) the license granted hereunder shall be limited to the number of Authorized Users, any designated deployment or infrastructure, Usage Limits, and any other licensing restrictions specified in the applicable Service Plan or Order Form and for which the applicable license fees have been paid; (c) Customer shall not copy the Licensed Software, except, with respect to an Installed Software Program only, as required by normal installation procedures specified by 4Camp; (d) except to the extent the following restriction is expressly prohibited under applicable law, Customer shall not copy, modify, translate, decompile, disassemble or otherwise reverse engineer, or otherwise determine or attempt to determine source code or protocols from, the executable code of the Licensed Software; (e) Customer shall not create, and shall not permit or authorize anyone else to create, any derivative works based upon the Licensed Software or Documentation; (f) Except for Authorized Users acting solely on Customer’s behalf, Customer shall not permit any person or entity to access or use the Products for such person’s or entity’s own independent business purposes, except as expressly authorized under the applicable Service Plan or Order Form. Customer shall not share Authorized User credentials or otherwise permit multiple individuals to utilize a single Authorized User account or license except as expressly authorized under the applicable Service Plan or Order Form; and (g) Customer shall not utilize pooling, multiplexing, proxying, intermediary services, automation, APIs, or other technical means to circumvent Authorized User licensing, Usage Limits, metering mechanisms, concurrency controls, or other licensing restrictions incorporated into the Products.

2.3 Usage Limits and Enforcement. Customer acknowledges that its access to and use of the Products is licensed subject to the Usage Limits applicable to the selected Service Plan and Order Form. Such Usage Limits may include one or both of the following categories and may be modified as permitted by Section 11.9:

(a) Soft Limits. If Customer exceeds a Soft Limit, Customer shall be subject to the applicable overage charges described in the applicable Service Plan, Order Form, or, if not otherwise specified therein, 4Camp’s then-current published overage rates applicable to Customer’s Service Plan.

(b) Hard Limits. If Customer reaches a Hard Limit, 4Camp may suspend, throttle, defer, reject, or otherwise limit the affected Products or any associated functionality, including processing, workflow executions, agent executions, API requests, data ingestion, storage, or other licensed capacity until Customer purchases additional licensed capacity or otherwise reduces utilization below the applicable Hard Limit.

Enforcement of Usage Limits pursuant to this Agreement, the applicable Service Plan, or the applicable Order Form shall not constitute a breach of this Agreement or any applicable Service Level Commitments and shall not entitle Customer to any refund, service credit, damages, or other remedy arising solely from such enforcement.

2.4 Access. 4Camp may provide user accounts and password information to Customer for access to the Products. Customer shall be solely responsible for all activity occurring under its accounts and shall abide by all applicable laws, treaties, and regulations (“Applicable Laws”) in connection with its use of the Products, including those related to privacy, international communications, and the transmission of technical or personal data. Customer shall cause Authorized Users to comply with all terms and conditions of the Agreement and the relevant Order Form as if they were a direct party thereto. Customer shall be responsible and liable for the acts and omissions of each Authorized User, and any such act or omission will be deemed a breach of the Agreement to the extent that it would constitute such a breach if made by Customer. Customer shall promptly notify 4Camp of, and use reasonable efforts to stop, any unauthorized use of any password or account or any other known or suspected breach of security. If 4Camp reasonably believes that particular access to or use of the Products materially violates applicable law or a third party’s rights, 4Camp may suspend the affected access in accordance with Section 5.3.

2.5 Documentation License. Subject to the prior written authorization of 4Camp and to any conditions contained in such authorization, Customer may, at its own expense, make copies of the Documentation, whereupon any and all such copies shall become and remain Documentation, subject to the terms and conditions of this Agreement. Customer shall not remove any proprietary markings or legends placed upon or contained within the Licensed Software or Documentation.

2.6 Ownership. As between the Parties, 4Camp retains all right, title, and interest (including any and all Intellectual Property rights) in and to the Products (including Licensed Software and Documentation) and any portion thereof, including any copy or derivative work of the Products (or any portion thereof) and any update thereto. Customer agrees to take any action reasonably requested by 4Camp to evidence, maintain, enforce, or defend the foregoing. Customer shall not take any action to jeopardize, limit, or interfere in any manner with 4Camp’s ownership of and rights with respect to the Products, or any derivative work thereof or update thereto.

2.7 Verification. 4Camp may, upon prior written notice, request information necessary to verify Customer’s compliance with this Agreement. Customer shall promptly provide such information and cooperate with 4Camp in connection with any such verification. If Customer fails to provide such information, if the information is insufficient, or if 4Camp reasonably believes Customer has materially breached this Agreement or repeatedly exceeded its licensed rights or usage entitlements, 4Camp may conduct an audit, including remote verification or, if necessary, an on-site inspection. Except in such circumstances, 4Camp shall not conduct more than one audit during any twelve (12) month period. Any audit shall be conducted during normal business hours, shall not unreasonably interfere with Customer’s business operations, and shall be limited to the scope necessary to verify compliance.

2.8 Customer Data. Customer owns and retains all right, title, and interest, including all Intellectual Property rights, in and to the Customer Data. Except for the limited rights expressly granted under this Agreement, 4Camp acquires no ownership or other proprietary interest in the Customer Data. Customer Data constitutes Customer’s Confidential Information whether or not designated or marked as confidential.

Subject to the terms of this Agreement, the applicable Order Form, and the DPA (where applicable), Customer authorizes 4Camp to process Customer Data solely to the extent necessary to provide, operate, maintain, secure, support, and administer the Products and Maintenance Services, perform 4Camp’s obligations under this Agreement, comply with Applicable Laws, protect the security or integrity of the Products, or as otherwise expressly authorized by Customer. 4Camp may permit its contractors, subprocessors, hosting providers, and other service providers acting on its behalf to process Customer Data for the purposes authorized under this Section 2.8, provided 4Camp remains responsible for their compliance with the applicable obligations of this Agreement and the DPA, where applicable.

Unless expressly authorized in writing by Customer, 4Camp shall not use Customer Data to train or fine-tune any artificial-intelligence or machine-learning model or permit a service provider to do so. For clarity, this restriction does not prohibit Processing necessary to provide the Products to Customer, including inference, retrieval-augmented generation, Customer-specific configuration, security monitoring, or other Processing expressly permitted under the DPA.

2.9 Professional Services. Professional Services are not included in any Product, Service Plan, or Maintenance Services. Professional Services and their deliverables are outside the scope of this Agreement and are governed exclusively by a separate professional services master services agreement and applicable statement of work mutually executed by 4Camp and Customer. Neither such agreement nor statement of work is an Order Form under this Agreement solely because it concerns a Product. Any license to or subscription for a Product purchased in connection with Professional Services remains governed by this Agreement and the applicable Order Form, unless the Parties expressly agree otherwise in a writing signed by both Parties.

2.10 Feedback. If Customer or any Authorized User voluntarily provides 4Camp with suggestions, ideas, enhancement requests, recommendations, corrections, or other feedback concerning the Products or related services (collectively, “Feedback”), Customer grants 4Camp a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license to use, reproduce, modify, create derivative works from, disclose, commercialize, and otherwise exploit the Feedback for any purpose without restriction, attribution, or obligation to Customer. Customer represents that it has the rights necessary to provide the Feedback and grant the foregoing license. Feedback does not include Customer Data, and nothing in this Section authorizes 4Camp to disclose Customer Confidential Information or use Customer Data except as otherwise permitted under this Agreement.

3. PAYMENT OF FEES.

3.1 Fees and Payment. Customer shall pay the fees and applicable charges shown in the applicable Order Form or checkout for Products and Maintenance Services.

A Free Service Plan requires no fee or payment method. An evaluation Service Plan carries no fee during its stated trial period; any payment-method requirement or post-trial charge must be stated in its Online Order. The payment terms accepted for a paid upgrade apply from its effective date.

Where 4Camp is the seller, Customer shall pay 4Camp or its designated payment processor, billing agent, or channel partner as specified in the Order Form, invoice, or checkout. Payment to that designee satisfies the corresponding obligation to 4Camp. Where an authorized reseller, channel partner, or merchant of record is identified as the seller in the Order Form or checkout (a “Third-Party Seller”), Customer purchases from and pays that seller under its applicable buyer terms. A party collecting on 4Camp’s behalf is not a Third-Party Seller solely because it collects payment. 4Camp remains the licensor and Product provider; a Third-Party Seller handles its sale and payment transaction, and its buyer terms do not modify 4Camp’s obligations under this Agreement unless a mutually executed Order Form expressly provides otherwise.

Professional Services are governed by Section 2.9; they are not sold through a merchant of record.

Unless the applicable Order Form or checkout states otherwise, fees under a mutually executed Order Form other than an Online Order are due thirty days after invoice, and Online Order fees are due when charged.

For a paid Self-Service Plan, Customer shall maintain a valid payment method with the seller or its processor and authorizes charges for recurring fees, prorated upgrades, overages, and applicable taxes disclosed in the Online Order, subject to applicable law.

4Camp may change the fees it controls at renewal, subject to any express price commitment in a mutually executed Order Form. A paid Self-Service Plan renews at the then-current price presented by the seller, following reasonable electronic notice of any increase and subject to longer notice or consent required by law or the seller’s buyer terms. 4Camp may suspend or terminate access for nonpayment only under Section 5.

3.2 Late Payment. If Customer fails to pay an invoice issued by 4Camp or a payment processor, billing agent, or channel partner collecting on 4Camp’s behalf by its due date, 4Camp may (without prejudice to any other right or remedy it may have) impose a finance charge on amounts past due equal to the lesser of one and one half percent (1.5%) per month or the maximum allowed by law, and may charge Customer for 4Camp’s reasonable expenses of collection of such invoice or finance charge, including attorneys’ and experts’ fees and court costs. A Third-Party Seller may impose late-payment or collection charges only under its applicable buyer terms and applicable law; 4Camp will not separately impose a finance charge under this Section 3.2 on amounts payable to that seller. This Section 3.2 does not apply to a Self-Service Plan purchased from 4Camp unless 4Camp refers an unpaid balance for external collection or initiates legal proceedings to recover amounts contractually due to 4Camp.

3.3 Taxes. Where 4Camp is the seller, in addition to all applicable license and administrative fees, Customer shall pay all sales, use, personal property, and other taxes resulting from this Agreement or any activities under this Agreement, excluding taxes based on 4Camp’s net income, unless Customer furnishes proof of exemption in a form reasonably acceptable to 4Camp or its designated collection provider. Where a Third-Party Seller is the seller of record, that seller determines, collects, and remits taxes on its sale under its buyer terms and applicable law, and Customer pays those taxes to that seller; 4Camp will not separately charge Customer for the same transaction taxes. Customer remains responsible for any tax on its own possession or use of a Product that neither 4Camp nor the Third-Party Seller is required to collect. Except to the extent a mutually executed Order Form expressly identifies and modifies this Section 3.3, all amounts payable to 4Camp shall be paid free and clear of any deduction or withholding imposed on Customer’s payment. If Applicable Law requires Customer to deduct or withhold any amount from a payment owed to 4Camp, Customer shall timely remit that amount to the applicable governmental authority, pay 4Camp any additional amount necessary so that 4Camp receives the same net amount it would have received absent the deduction or withholding, and promptly provide 4Camp with an official receipt or other reasonably satisfactory evidence of the remittance. The Parties will reasonably cooperate, at Customer’s expense, to obtain any available reduction of or exemption from the deduction or withholding. This gross-up obligation does not apply to amounts payable to a Third-Party Seller or to taxes imposed directly on 4Camp’s net income by a jurisdiction in which 4Camp is organized or tax resident, other than withholding taxes required to be deducted from payments owed to 4Camp under this Agreement.

3.4 Payment Disputes. For a transaction in which 4Camp is the seller, Customer must notify 4Camp of a disputed charge within sixty days after the applicable invoice or charge date and provide reasonable supporting information. For a transaction sold by a Third-Party Seller, Customer shall submit disputes concerning the seller’s charges, taxes, payment reversals, or refunds to that seller under its buyer terms and applicable law. Customer shall notify 4Camp of any underlying Product, Maintenance Service, warranty, or contractual remedy claim, which 4Camp will address under this Agreement, and 4Camp will reasonably cooperate with the Third-Party Seller on the related transaction. Customer may not withhold, offset, or deduct undisputed amounts owed to 4Camp or, where applicable, to the Third-Party Seller. A payment-processing failure attributable solely to 4Camp’s designated processor or collection provider, or to a Third-Party Seller, will not constitute Customer default while that failure continues, provided Customer maintains a valid payment method where required and reasonably cooperates in completing payment after the failure is resolved. A chargeback or payment reversal alone does not establish Customer’s breach; 4Camp may suspend or terminate access for nonpayment only in accordance with Section 5 after determining that an undisputed amount remains due. This Section does not limit rights that cannot lawfully be waived.

3.5 Refunds. Except as expressly provided in this Agreement (including Sections 5.4, 5.5, 8.4, and 9.3), an applicable Order Form, a Third-Party Seller’s buyer terms, or law, fees are nonrefundable. Cancellation or non-renewal alone does not entitle Customer to a refund for the then-current Subscription Term.

A refund required by this Agreement is calculated on prepaid fees for the affected Product or Service Plan and period, regardless of who collected them. 4Camp or its designated collection provider issues refunds for 4Camp sales. For a Third-Party Seller sale, 4Camp will promptly coordinate any refund owed under this Agreement or approved under the Refund Policy with that seller, which administers the refund or credit; 4Camp will not refund a merchant-of-record buyer directly. The seller’s buyer terms and law govern transaction taxes, timing, method, and separate refund or withdrawal rights. An amount already refunded or credited for the same charge reduces the corresponding refund owed under this Agreement.

A full refund for a paid Service Plan ends access for the refunded period, subject to law. A partial refund or credit does not end access unless its terms expressly provide otherwise.

4Camp may, in its sole discretion, offer a limited, one-time cancellation and refund grace period for certain paid Self-Service Plan purchases. The offer must be expressly stated in the applicable Online Order, Service Plan, or 4Camp’s written confirmation. The Refund Policy current when 4Camp makes the offer applies to that purchase. Later changes to the Policy do not change that offer.

After any offered grace period expires, Customer may not terminate the paid Subscription Term for convenience or obtain a refund on that basis, but may prevent renewal under Section 5.1. The Refund Policy does not limit other rights or remedies under this Agreement, an Order Form, the seller’s buyer terms, or law.

4. MAINTENANCE.

4.1 Maintenance Services. Subject to the terms and conditions of this Agreement, 4Camp shall provide the Maintenance Services included in the applicable Service Plan and any additional Maintenance Services separately purchased by Customer under an applicable Order Form. The scope and service levels of such Maintenance Services shall be as set forth in the applicable Service Plan, Order Form, and the applicable Maintenance Service Terms.

5. TERM AND TERMINATION.

5.1 Term. The term of this Agreement shall commence on the Effective Date and remain in full force and effect until terminated as provided hereunder (the “Term”). The applicable Subscription Term for each Product and any associated Maintenance Services shall be as specified in the applicable Order Form. Unless an Order Form expressly states otherwise, a monthly Subscription Term renews for successive one-month terms, and an annual Subscription Term renews for successive twelve-month terms. Customer may prevent renewal through the cancellation or non-renewal method made available for the applicable Service Plan. Non-renewal ends access at the conclusion of the then-current Subscription Term and does not constitute early termination of that term. For a paid Service Plan purchased from a Third-Party Seller, Customer may also use the cancellation or non-renewal method provided by that seller. The effective date of cancellation, any further charges, and any payment commitment are subject to that seller’s buyer terms and applicable law; 4Camp will give effect to a cancellation confirmed by that seller. Any early cancellation right under an expressly offered grace period is governed by Section 3.5 and the Refund Policy.

5.2 Termination. Either Party may terminate an Order Form upon written notice to the other Party if such other Party breaches any material term, condition, or other provision of the Agreement or the relevant Order Form and fails to remedy the breach within thirty (30) days of receipt of written notice thereof by the non-breaching Party. Either Party may terminate the Agreement or any or all Order Forms if the other Party (a) ceases to function as a going concern or to conduct operations in the normal course of business, or (b) has a petition or similar action filed by or against it under any applicable bankruptcy or insolvency laws, which petition or action has not been dismissed or set aside within sixty (60) days of filing. 4Camp may terminate the Agreement or any or all Order Forms immediately upon written notice to Customer if Customer engages in an act or omission, or threatens to engage in an act or omission, that constitutes or would constitute a material breach of 4Camp’s Intellectual Property rights or any material violation of the license restrictions set forth in Section 2 of this Agreement. 4Camp may also terminate the Agreement or any affected Order Form immediately upon written notice if 4Camp reasonably determines that: (i) Customer or an Authorized User has used or is using a Product in connection with unlawful activity that creates a material legal, regulatory, security, or third-party risk; or (ii) continued provision of the affected Product is prohibited by Applicable Law or a binding order of a governmental authority. For purposes of fees, refunds, and Section 5.4, a termination under clause (i), or under clause (ii) to the extent the prohibition results from Customer’s or an Authorized User’s location, status, Customer Data, instructions, conduct, or use of a Product, will be treated as a termination resulting from Customer’s breach, and no refund or release from payment obligations will apply. If 4Camp terminates a paid Product under clause (ii) for a reason not attributable to Customer or an Authorized User, Customer’s sole remedy will be the remedy specified in Section 5.5 for discontinuance of a paid Service Plan without an available substitute.

5.3 Suspension. 4Camp may suspend or restrict access to affected Products if: (a) Customer fails to pay undisputed amounts after any applicable grace period; (b) Customer exceeds a Hard Limit; (c) Customer’s use presents a material security risk to the Products, 4Camp, or a third party; (d) Customer’s use violates applicable law, Section 2, or the applicable Service Plan; (e) suspension is required by law or a governmental authority; or (f) a third-party provider required to deliver the affected functionality suspends or terminates its services to 4Camp. Where reasonably practicable, 4Camp will notify Customer of the suspension and provide a reasonable opportunity to cure. 4Camp may suspend immediately where delay could cause material harm, create legal exposure, or compromise security. Suspension does not waive Customer’s payment obligations. 4Camp will restore access after the basis for suspension is resolved, subject to any reasonable reactivation requirements. A suspension exercised in accordance with this Section will not constitute a breach of the Agreement or any Service Level Commitment and will not entitle Customer to a refund, service credit, damages, or other remedy, except to the extent expressly provided in an applicable Order Form or Service Plan, required under the DPA, or incapable of exclusion under Applicable Law. For a purchase from a Third-Party Seller, 4Camp determines whether to suspend or restrict Product access under this Section. Nonpayment under clause (a) includes an undisputed charge for the affected Product that the Third-Party Seller confirms remains unpaid or has been reversed after any applicable dispute or grace period; the seller’s administration of the sale does not itself terminate the Product license under this Agreement, except that access ends for a refunded period as provided in Section 3.5.

5.4 Effect of Termination. Upon termination of an Order Form for any reason, and except for any limited post-termination access expressly permitted under Section 3.6 of Exhibit A or the applicable Service Plan solely for permitted exports, Customer shall (a) promptly cease all other access to and use of the affected Products and any associated Maintenance Services; (b) promptly destroy or return to 4Camp (where applicable and at Customer’s expense) any affected Products, Documentation, materials, and other 4Camp Intellectual Property (including 4Camp’s Confidential Information) in Customer’s possession or control; and (c) upon 4Camp’s request, certify to 4Camp in writing that Customer has complied with this Section. Termination of an Order Form shall be without prejudice to any rights, obligations, or liabilities of the Parties existing at the time of termination, including payment in full of fees and other monies then due, nor shall it affect those rights, obligations, and provisions that by their nature are intended to survive termination. If Customer terminates a paid Order Form under Section 5.2 due to 4Camp’s uncured material breach, 4Camp will refund any prepaid fees attributable to the period following the effective date of termination. Except as otherwise expressly set forth herein or in an applicable Order Form, termination of an individual Order Form, Service Plan, Subscription Term, or Maintenance Service shall not affect any other Order Form, Service Plan, Subscription Term, Maintenance Service, or other rights or obligations under this Agreement.

5.5 Self-Service and Evaluation Plans. 4Camp may terminate a Free or evaluation Service Plan at any time upon notice and without liability, except for obligations that cannot lawfully be excluded. 4Camp may modify, replace, consolidate, or discontinue any Service Plan or commercial offering.

Subject to any express negotiated commitment in a mutually executed Order Form, 4Camp may implement such a change to a paid Service Plan during the then-current Subscription Term if 4Camp makes available a substitute Service Plan or configuration that, in 4Camp's reasonable judgment, provides materially equivalent or better overall core functionality and commercial value for Customer's general use case.

A substitute need not preserve each individual feature, integration, workflow, Usage Limit, metric, delivery method, or other characteristic and may be provided through a different combination of Products, entitlements, or allowances. A substitution meeting this standard will not constitute a discontinuance of the paid Service Plan or a material reduction under Section 11.9.

If 4Camp permanently discontinues a paid Service Plan before the end of its Subscription Term without making such a substitute available, Customer's sole remedy, except as expressly provided in an applicable Order Form, is to terminate the affected Order Form and receive a prorated refund of prepaid fees attributable to the period after termination; otherwise, a discontinuance of a paid Service Plan will become effective no earlier than the end of the applicable Subscription Term.

If 4Camp terminates a paid Self-Service Plan for convenience before the end of its Subscription Term, Customer's sole remedy is a prorated refund of prepaid fees attributable to the period after termination.

No refund is required under this Section 5.5 where termination or suspension results from Customer's breach, nonpayment, unlawful activity, a security risk caused by Customer or an Authorized User, or violation of Usage Limits, except for a right that cannot lawfully be excluded.

6. CONFIDENTIAL INFORMATION.

6.1 Non-Disclosure. Each Party agrees (a) not to use the Confidential Information disclosed to it by the other Party (“Disclosing Party”) for any purpose other than as contemplated by the Agreement; (b) not to disclose the Disclosing Party’s Confidential Information to any third party other than its employees, contractors, agents, advisors, and service providers who have a need to know the Confidential Information for purposes contemplated by this Agreement and are subject to non-use and confidentiality obligations at least as protective of the Disclosing Party as are contained in this Section; and (c) to protect the Disclosing Party’s Confidential Information with at least the same degree of care it uses to protect its own Confidential Information, but at a minimum to use commercially reasonable efforts. The confidentiality obligations of the Agreement shall not apply to information received by a Party (the “Receiving Party”) to the extent that it (w) was lawfully received by the Receiving Party from a third party free of any obligation to keep it confidential; (x) is or becomes publicly available, by other than unauthorized disclosure; (y) is independently developed without any reference to the Confidential Information, as evidenced by contemporaneous written records of Receiving Party; or (z) is required to be disclosed by law, regulation, or court order, provided that the Receiving Party will give the Disclosing Party prompt notice prior to such disclosure, and will reasonably cooperate with the Disclosing Party, at the Disclosing Party’s expense, to oppose or seek a protective order or other limitation on such disclosure.

6.2 Return of Confidential Information. At any time upon the request of the Disclosing Party, the Receiving Party shall return or destroy the relevant Confidential Information of the Disclosing Party, except to the extent retained in routine backup or archival systems or as required by Applicable Law, provided such retained Confidential Information remains subject to the confidentiality obligations of this Agreement until deleted in the ordinary course of business, and certify in writing that it has complied with this obligation.

7. PRIVACY; DATA SECURITY.

7.1 Each Party shall adhere to those privacy and data security obligations to which it is subject under the DPA, identified in Exhibit D. In the event of a conflict between this Section 7 (including the DPA) and Section 6, this Section 7 (including the DPA) shall govern.

8. WARRANTIES AND DISCLAIMER.

8.1 Mutual Warranties. Each Party represents and warrants that: (a) it is an entity duly organized, validly existing, and in good standing under the laws of the jurisdiction where it is organized; and (b) it has power and authority to enter into and perform its obligations under the Agreement.

8.2 4Camp Warranties. 4Camp represents and warrants that, when used as provided or made available by 4Camp to Customer and as authorized hereunder, (a) each Installed Software Program shall operate substantially in accordance with the applicable Documentation for such Product during the period of ninety (90) days following the initial delivery of such Installed Software Program, unless otherwise specified in the applicable Order Form or Service Plan, and (b) each paid, generally available SaaS Software Program shall operate substantially in accordance with the applicable then-current Documentation during the applicable Subscription Term (each applicable period under subsection (a) or this subsection (b), a “Warranty Period”). If, during the applicable Warranty Period, a Product, used as provided or made available by 4Camp to Customer and in accordance with this Agreement, materially fails to operate substantially in accordance with the applicable Documentation, Customer shall promptly notify 4Camp of such material failure in sufficient detail to allow 4Camp to identify and reproduce the error responsible for such material failure. The foregoing warranty applies solely to the operation of the Products substantially in accordance with the applicable Documentation and does not constitute a warranty concerning any AI Model, Model Output, Provider Notation, or information, recommendation, analysis, code, content, or other output generated through artificial intelligence or machine-learning capabilities incorporated into or accessed through the Products. No warranty under this Agreement (including any warranty set forth in any applicable Exhibit or Order Form) applies to a Free, evaluation, beta, preview, early-access, or trial Service Plan, and no warranty covers any use of the Products not in accordance with the terms of this Agreement, including the applicable Documentation, or any alterations, modifications, or changes to any Product undertaken by anyone other than 4Camp. 4Camp is not responsible for problems associated with or caused by incompatible operating systems or equipment, the interaction of any Product with software, hardware, services, or systems not furnished or maintained by 4Camp, or installation not performed in compliance with the applicable Documentation. A Product may have additional warranties, Maintenance Services, or Service Level Commitments specified in the applicable Service Plan, Order Form, or Maintenance Services Terms.

8.3 Customer Warranties. Customer represents and warrants that Customer has sufficient rights in the Customer Data to grant the rights granted to 4Camp in Section 2.8 above and that the Customer Data does not infringe or otherwise violate the rights of any third party.

8.4 Exclusive Warranty Remedies. If, during the applicable Warranty Period, a Product materially fails to operate substantially in accordance with the applicable Documentation, and the failure is reproducible and not caused by an excluded circumstance below, 4Camp’s sole obligation and Customer’s sole and exclusive remedy will be, at 4Camp’s election, to: (a) correct the error; (b) provide a commercially reasonable workaround or replacement version; (c) issue a service credit as specified in the applicable Service Plan or Order Form; or (d) terminate Customer’s right to use the affected Product and refund prepaid fees attributable solely to the unused portion of the applicable Subscription Term. Customer shall not be entitled to any refund for periods during which the affected Product materially performed in accordance with this Agreement. 4Camp owes no warranty obligations and Customer is entitled to no remedy if 4Camp is unable to reproduce the error or to the extent the error results from (i) improper use of a Product; (ii) Customer Data, including the accuracy, completeness, legality, or quality thereof; (iii) Customer-developed configurations, workflows, prompts, customizations, or modifications; (iv) any AI Model, Model Output, model provider, multi-model supplier, third-party software, hardware, service, or system, regardless of whether selected, bundled, integrated, furnished, or made available by 4Camp or Customer; or (v) Customer’s failure to comply with the applicable Documentation or system requirements. Customer’s entitlement to any remedy is conditioned on prompt notice and reasonable cooperation. No remedy is available for immaterial errors or functionality not expressly included in the applicable Service Plan. 4CAMP’S OBLIGATIONS UNDER THIS SECTION 8.4 CONSTITUTE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, AND 4CAMP’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY PRODUCT THAT FAILS THE WARRANTIES UNDER SECTION 8.2. For a Product sold by a Third-Party Seller, any refund elected by 4Camp under this Section will be administered in accordance with Section 3.5. This Section does not limit any separate or non-waivable right Customer has against that seller under its buyer terms or applicable law.

8.5 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.2, AN EXHIBIT, OR AN ORDER FORM, THE PRODUCTS, THE CONTENTS THEREIN, ANY ACCOMPANYING DOCUMENTATION, AND ANY OTHER DATA OR INFORMATION PROVIDED HEREUNDER, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. 4CAMP EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, INCLUDING WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, RESULTS, AND THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF 4CAMP HAS BEEN INFORMED OF SUCH PURPOSE, OR ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. 4CAMP SHALL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF THE PRODUCTS BY CUSTOMER OR AUTHORIZED USERS. 4CAMP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO HARDWARE OR NETWORK DOWNTIME, INTERFERENCE, BANDWIDTH, INTERRUPTION, OUTAGE, OR THE QUALITY OR SPEED OF ACCESS TO OR TRANSMISSION OF DATA, THE AVAILABILITY, PERFORMANCE, OR OUTPUT OF THIRD-PARTY SOFTWARE, SERVICES, DATA SOURCES, ARTIFICIAL INTELLIGENCE MODELS, OR OTHER SYSTEMS ACCESSED THROUGH OR USED IN CONNECTION WITH THE PRODUCTS, OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.

8.6 AI Models and Model Outputs. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL AI MODELS AND MODEL OUTPUTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. 4CAMP MAKES NO REPRESENTATION, WARRANTY, OR COMMITMENT CONCERNING THE QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, CONSISTENCY, LEGALITY, NON-INFRINGEMENT, SECURITY, SUITABILITY, AVAILABILITY, UPTIME, LATENCY, THROUGHPUT, CONTINUITY, COMPATIBILITY, OR FITNESS FOR ANY USE OF ANY AI MODEL OR MODEL OUTPUT, REGARDLESS OF WHETHER THE AI MODEL IS A 4CAMP-SUPPLIED MODEL OR CUSTOMER-SUPPLIED MODEL. MODEL OUTPUTS MAY BE INACCURATE, INCOMPLETE, MISLEADING, OFFENSIVE, HARMFUL, OR INFRINGING. CUSTOMER IS SOLELY RESPONSIBLE FOR EVALUATING AND VALIDATING MODEL OUTPUTS, PROVIDING APPROPRIATE HUMAN REVIEW, AND DETERMINING WHETHER AND HOW TO USE OR RELY ON THEM. CUSTOMER ASSUMES ALL RISKS ARISING FROM ITS SELECTION, ACCESS TO, USE OF, OR RELIANCE ON ANY AI MODEL OR MODEL OUTPUT. NOTHING IN THIS SECTION EXCLUDES 4CAMP'S EXPRESS OBLIGATIONS CONCERNING CUSTOMER PERSONAL DATA UNDER THE DPA OR ANY OBLIGATION THAT CANNOT LAWFULLY BE EXCLUDED.

8.7 Provider Notations. A PROVIDER NOTATION IDENTIFIES A CLAIM MADE BY THE APPLICABLE AI MODEL PROVIDER AND DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY, CERTIFICATION, ENDORSEMENT, OR GUARANTEE MADE OR ADOPTED BY 4CAMP. 4CAMP DOES NOT AUDIT, TEST, MONITOR, OR INDEPENDENTLY VERIFY THE ACCURACY, COMPLETENESS, CONTINUED APPLICABILITY, IMPLEMENTATION, OR ENFORCEMENT OF ANY PROVIDER NOTATION. THE PROVIDER MAY MODIFY ITS PRACTICES OR FAIL TO COMPLY WITH ITS STATED PRACTICES WITHOUT 4CAMP'S KNOWLEDGE. A PROVIDER NOTATION CONCERNING ZERO DATA RETENTION DOES NOT MEAN THAT THE PROVIDER DOES NOT PROCESS CUSTOMER DATA OR RETAIN METADATA, LOGS, TRANSIENT TECHNICAL COPIES, SECURITY RECORDS, ABUSE-MONITORING INFORMATION, OR INFORMATION REQUIRED BY LAW. A PROVIDER NOTATION CREATES NO WARRANTY, INDEMNIFICATION OBLIGATION, SERVICE LEVEL COMMITMENT, OR REMEDY BEYOND 4CAMP'S EXPRESS OBLIGATIONS UNDER THE DPA AND OBLIGATIONS THAT CANNOT LAWFULLY BE EXCLUDED.

9. INDEMNIFICATION.

9.1 4Camp Indemnification. Subject to the remainder of this Section and except to the extent that Customer is obligated to indemnify the 4Camp Indemnified Parties under Section 9.2 below, 4Camp shall, solely with respect to paid Products made generally available by 4Camp other than under a Self-Service Plan, indemnify, defend, and hold harmless Customer, its permitted successors and assigns, and each of their respective officers, directors, employees, legal representatives, and agents, (together, the “Customer Indemnified Parties”), from and against any damages, liabilities, costs, and expenses (including reasonable attorneys’ and professionals’ fees and court costs) (“Losses”) arising out of any third-party claim, action, or proceeding (“Claim”) based on or arising out of an allegation that the Products as provided to Customer by 4Camp and as used by Customer in compliance with the terms of the Agreement and the applicable Documentation infringe any valid patent or copyright, or misappropriate a trade secret, of a third party. For purposes of this Section 9.1, Products exclude any AI Model, Model Output, Provider Notation, or model provider service. The foregoing obligations are subject to the following conditions: (a) Customer shall have promptly provided 4Camp with written notice of any relevant Claim or demands related thereto and reasonable cooperation, information, and assistance in connection therewith (except that Customer’s failure to do so will not relieve 4Camp of its obligations under this Section 9.1 except to the extent that 4Camp is materially prejudiced by such failure), and (b) 4Camp shall have sole control and authority with respect to the defense, settlement, or compromise thereof, provided that Customer’s reasonable consent to any such settlement or compromise shall be required unless it includes a full release of liability for all the Customer Indemnified Parties and does not purport to impose any obligations on any such Customer Indemnified Party. For a paid Self-Service Plan, 4Camp has no duty to defend or indemnify under this Section 9.1. If an infringement Claim involving 4Camp's proprietary Product, and not subject to an exclusion in Section 9.4, prevents Customer's continued authorized use of a paid Self-Service Plan, 4Camp will exercise one of the options in Section 9.3.

9.2 Customer Indemnification. Except to the extent that 4Camp is obligated to indemnify the Customer Indemnified Parties under Section 9.1 above, Customer shall indemnify, defend, and hold harmless 4Camp, its affiliates, successors and assigns, and each of their respective officers, directors, employees, shareholders, legal representatives, and agents (the “4Camp Indemnified Parties”), from and against any Losses arising out of any Claim based on or related to: (a) Customer Data as provided, collected, obtained, instructed, or used by Customer, including a Claim alleging that Customer Data or 4Camp’s authorized processing of it infringes third-party rights or violates applicable law; (b) Customer’s or an Authorized User’s access to or use of the Products that is a violation of the Agreement, applicable law, or a third party’s rights; (c) Customer’s instructions, configurations, workflows, prompts, outputs, or deployment decisions; (d) Customer-selected integrations, models, data sources, or other third-party services; (e) Customer's use of the Products to make or support decisions affecting third parties; (f) Customer's or an Authorized User's selection of, access to, use of, distribution of, publication of, or reliance on any AI Model or Model Output, including any allegation that a Model Output is inaccurate, harmful, unlawful, discriminatory, or infringing, regardless of whether the applicable AI Model is a 4Camp-Supplied Model or Customer-Supplied Model; or (g) Customer's or an Authorized User's breach of Section 11.11 or violation of any applicable export-control, economic-sanctions, or trade-restriction law. Customer's obligations under subsection (f) do not apply to the extent a Claim results from 4Camp's breach of the DPA, 4Camp's violation of applicable Data Protection Law, or a Subprocessor's breach for which 4Camp is expressly responsible under the DPA. Customer’s obligations under this Section 9.2 are subject to the following conditions: (a) 4Camp shall have promptly provided Customer with written notice thereof and reasonable cooperation, information, and assistance in connection therewith (except that 4Camp’s failure to do so will not relieve Customer of its obligations under this Section 9.2 except to the extent that Customer is materially prejudiced by such failure), and (b) Customer shall have sole control and authority with respect to the defense, settlement, or compromise thereof; provided that 4Camp’s reasonable consent to any such settlement or compromise shall be required unless it includes a full release of liability for all the 4Camp Indemnified Parties and does not purport to impose any obligations on any such 4Camp Indemnified Party. 4Camp shall be entitled, at its own expense, to participate in the defense of any claim subject to this Section 9.2 through counsel of its own choosing, and Customer shall provide 4Camp with reasonable cooperation and assistance in such defense.

9.3 4Camp Options. In the event that any Product becomes, or in 4Camp’s opinion is likely to become, the subject of an Intellectual Property infringement or other Claim, 4Camp may, at its option: (a) procure for Customer the right to continue using the Product; (b) replace or modify such Product to be non-infringing, without incurring a material diminution in performance or function; or (c) if neither of the foregoing is, in 4Camp’s judgment, available on commercially reasonable terms, 4Camp may terminate Customer’s right to access or use the affected Product under the applicable Service Plan, Subscription Term, license, or Maintenance Service upon written notice to Customer, in which case Customer shall cease all access to and use of the affected Products and any associated Maintenance Services and, where applicable, return or destroy the affected Products and related materials in accordance with Section 5.4. 4Camp shall refund any prepaid fees paid by Customer for the affected Product attributable solely to the unused portion of the applicable Subscription Term following the effective date of termination.

9.4 Exclusions. Notwithstanding anything in this Agreement, including this Section 9, to the contrary, in no event will 4Camp have any liability or indemnification obligation under this Section 9 for any Claim to the extent the Claim is caused by or results from: (a) the combination or use of Products with non-4Camp software, hardware, services, or data, if such Claim would have been avoided by the non-combined or exclusive use of the Products, (b) modification of the Products by anyone other than 4Camp if such claim or action would have been avoided by use of the unmodified Products, (c) Customer continuing the allegedly infringing activity after notification or after receiving modifications that would have avoided the alleged infringement, or (d) use of the Products in a manner that is not authorized by the Agreement, the applicable Service Plan, or the applicable Order Form. The exclusion in subsection (a) does not apply solely because a Product is used with Customer Data as contemplated by the Agreement or with software, systems, or integrations furnished by 4Camp or expressly identified in the Documentation as supported by 4Camp. This exception does not extend to infringement inherent in a third-party product or service. 4Camp has no liability or indemnification obligation under this Section 9 for a Free, evaluation, beta, preview, early-access, or trial Product, or for a Claim to the extent arising from Customer Data, Customer instructions, Customer configurations, any AI Model, Model Output, Provider Notation, model provider, multi-model supplier, integration, data source, or other third-party service, regardless of whether selected, bundled, integrated, furnished, or made available by 4Camp or Customer. The preceding exclusion does not eliminate 4Camp's express obligations under the DPA or apply to infringement caused solely by 4Camp proprietary software, independent of any AI Model, Model Output, or third-party service, where the Claim otherwise satisfies Section 9.1.

9.5 Customer’s Exclusive Remedies. The defense and indemnification described in this Section 9 and 4Camp’s obligations under the provisions of this Section 9 are 4Camp’s exclusive liability and the Customer Indemnified Parties’ exclusive remedy for claims of Intellectual Property infringement or other third-party Claim as set forth above based upon or related to the Products, Maintenance Services, or other materials provided by 4Camp.

10. LIMITATIONS OF LIABILITY.

10.1 Indirect Damages. SUBJECT TO SECTION 10.3 BELOW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR ANY LOSS OF DATA OR USE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS, MAINTENANCE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE EXCLUSION OF DAMAGES ARISING FROM LOSS OR CORRUPTION OF DATA SHALL NOT PRECLUDE RECOVERY OF REASONABLE, DOCUMENTED, DIRECT COSTS INCURRED TO RESTORE OR RECONSTITUTE CUSTOMER DATA, TO THE EXTENT SUCH LOSS OR CORRUPTION WAS CAUSED BY 4CAMP’S MATERIAL BREACH OF SECTION 7. ANY SUCH RECOVERY REMAINS SUBJECT TO SECTIONS 10.2 AND 10.3 AND DOES NOT INCLUDE THE INTRINSIC VALUE OF THE DATA, LOST PROFITS OR REVENUES, LOSS OF BUSINESS OPPORTUNITY, OR OTHER CONSEQUENTIAL DAMAGES.

10.2 Aggregate Damages. SUBJECT TO SECTION 10.3 BELOW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY ARISING FROM OR RELATED TO THIS AGREEMENT, DPA, EXHIBITS, SERVICE PLANS, AND ALL ORDER FORMS EXCEED THE AGGREGATE FEES PAID BY CUSTOMER UNDER THE ORDER FORM MOST DIRECTLY RELATED TO THE CLAIM, WHETHER COLLECTED BY 4CAMP, ITS DESIGNEE, OR A THIRD-PARTY SELLER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EXCLUDING ANY FEES PAID UNDER A SEPARATE PROFESSIONAL SERVICES AGREEMENT (THE "GENERAL CAP").

IF THE SAME ACT OR OMISSION MATERIALLY AFFECTS MORE THAN ONE ORDER FORM, THE GENERAL CAP WILL INCLUDE FEES PAID UNDER ONLY THOSE AFFECTED ORDER FORMS DURING THAT PERIOD, COUNTED ONCE. FEES UNDER UNRELATED ORDER FORMS WILL NOT INCREASE THE GENERAL CAP. IF A CLAIM CANNOT REASONABLY BE ATTRIBUTED TO ANY ORDER FORM, THE GENERAL CAP WILL BE MEASURED BY THE ORDER FORM WITH THE HIGHEST FEES PAID DURING THAT PERIOD. FOR A MULTI-YEAR FEE PREPAID BEFORE THAT TWELVE-MONTH PERIOD, THE PORTION ATTRIBUTABLE TO THAT PERIOD, AS ALLOCATED IN THE ORDER FORM OR, IF NOT ALLOCATED, RATABLY OVER THE PREPAID SUBSCRIPTION TERM, WILL BE TREATED AS PAID DURING THAT PERIOD.

ALL AMOUNTS INCURRED BY 4CAMP IN DEFENDING, SETTLING, OR SATISFYING A CLAIM UNDER SECTION 9.1, INCLUDING 4CAMP'S OWN DEFENSE COSTS, COUNT TOWARD AND ARE SUBJECT TO THE GENERAL CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, 4CAMP HAS NO FURTHER DUTY TO DEFEND OR INDEMNIFY UNDER SECTION 9.1 AFTER THE GENERAL CAP HAS BEEN EXHAUSTED BY AMOUNTS PAID OR INCURRED FOR CLAIMS SUBJECT TO THAT CAP.

NOTWITHSTANDING THE FOREGOING, 4CAMP'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO 4CAMP'S BREACH OF SECTION 6, SECTION 7, OR THE DPA WILL NOT EXCEED TWO (2) TIMES THE GENERAL CAP (THE "ENHANCED CAP").

FOR LIABILITY ARISING SOLELY OUT OF OR RELATING TO A PAID SELF-SERVICE PLAN, 4CAMP'S GENERAL CAP SHALL BE CALCULATED USING ONLY FEES PAID BY CUSTOMER FOR THE AFFECTED SELF-SERVICE PLAN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND ANY APPLICABLE ENHANCED CAP SHALL BE TWO (2) TIMES THAT PLAN-SPECIFIC GENERAL CAP. FEES PAID FOR ANY OTHER SERVICE PLAN OR ORDER FORM SHALL NOT INCREASE THOSE LIMITS. THE MULTI-YEAR PREPAYMENT RULE ABOVE ALSO APPLIES TO THIS SELF-SERVICE CALCULATION.

NOTHING IN THIS SECTION 10.2 REDUCES ANY EXPRESS REFUND OWED UNDER THIS AGREEMENT OR ANY RIGHT THAT CANNOT LAWFULLY BE LIMITED.

THE ENHANCED CAP IS A SINGLE AGGREGATE CAP FOR ALL SUCH CLAIMS AND DOES NOT APPLY IN ADDITION TO THE GENERAL CAP; ALL AMOUNTS PAID OR PAYABLE UNDER THE GENERAL CAP ARISING FROM THE SAME OR RELATED ACTS, OMISSIONS, EVENTS, OR CIRCUMSTANCES WILL REDUCE THE ENHANCED CAP. NO CLAIM MAY BE RECHARACTERIZED, DUPLICATED, OR ASSERTED UNDER MULTIPLE CONTRACTUAL OR LEGAL THEORIES TO OBTAIN MULTIPLE CAPS OR RECOVERIES FOR THE SAME LOSS. EACH APPLICABLE CAP IS CUMULATIVE AND WILL NOT BE INCREASED BY THE NUMBER OF CLAIMS, LEGAL THEORIES, AFFECTED PRODUCTS, ORDER FORMS, OR CLAIMANTS.

SUBJECT TO SECTION 10.3 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 4CAMP SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO ANY FREE, EVALUATION, BETA, PREVIEW, EARLY-ACCESS, OR TRIAL PRODUCT OR SERVICE PLAN, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM. CUSTOMER'S SOLE REMEDY WITH RESPECT TO ANY SUCH PRODUCT OR SERVICE PLAN IS TO DISCONTINUE ITS USE.

SUBJECT TO SECTION 10.3 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 4CAMP SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO THE AVAILABILITY, DISCONTINUATION, REPLACEMENT, PERFORMANCE, OUTPUT, OR PROVIDER-STATED DATA PRACTICES OF ANY AI MODEL, EXCEPT FOR 4CAMP'S EXPRESS OBLIGATIONS UNDER THE DPA OR AN APPLICABLE ORDER FORM THAT EXPRESSLY OVERRIDES THIS SENTENCE.

10.3 Applicability and Exclusions. THE EXCLUSIONS AND LIMITATIONS IN SECTION 10.1 AND SECTION 10.2 SHALL APPLY REGARDLESS OF HOW SUCH DAMAGES OR LOSSES ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, REGARDLESS OF THE CAUSE OF THE DAMAGE OR LOSS, AND REGARDLESS OF THE LEGAL RIGHT CLAIMED TO HAVE BEEN VIOLATED. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 10 SHALL LIMIT OR EXCLUDE: (A) CUSTOMER'S OBLIGATIONS TO PAY ANY FEES DUE UNDER THIS AGREEMENT; (B) CUSTOMER'S LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM THE BREACH OF ANY LICENSE GRANTED UNDER THIS AGREEMENT OR ANY APPLICABLE ORDER FORM, ANY OTHER VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF 4CAMP OR ANY OF ITS LICENSORS, OR CUSTOMER'S BREACH OF ITS OBLIGATIONS UNDER SECTION 6 ABOVE; (C) CUSTOMER'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING ANY SUCH OBLIGATION UNDER AN ORDER FORM; OR (D) A PARTY'S LIABILITY ARISING OUT OF SUCH PARTY'S FRAUD OR WILLFUL MISCONDUCT, OR WHICH CANNOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. FOR CLARITY, 4CAMP'S LIABILITY ARISING FROM OR RELATED TO 4CAMP'S BREACH OF SECTION 6, SECTION 7, OR THE DPA IS SUBJECT TO THE ENHANCED CAP AND THE OTHER EXCLUSIONS AND LIMITATIONS IN THIS SECTION 10, EXCEPT TO THE EXTENT CAUSED BY 4CAMP'S FRAUD OR WILLFUL MISCONDUCT OR OTHERWISE INCAPABLE OF LIMITATION UNDER APPLICABLE LAW.

10.4 Claim Period. TO THE FULLEST EXTENT PERMITTED BY LAW, NO ACTION ARISING OUT OF OR RELATING TO A SELF-SERVICE PLAN MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION DOES NOT APPLY TO CUSTOMER’S PAYMENT OBLIGATIONS, CLAIMS INVOLVING 4CAMP’S INTELLECTUAL-PROPERTY RIGHTS, FRAUD, OR CLAIMS FOR WHICH APPLICATION OF THIS CONTRACTUAL LIMITATION PERIOD IS PROHIBITED BY APPLICABLE LAW.

11. MISCELLANEOUS.

11.1 Force Majeure. Except with respect to Customer’s obligation to make timely payments, neither Party shall be responsible for any delay or failure in performance to the extent that such delay or failure is caused by fires, strikes, embargoes, explosion, earthquakes, floods, wars, labor disputes, government requirements, civil or military authorities, acts of God or by the public enemy, inability to secure raw materials or transportation facilities, acts or omissions of carriers or suppliers, or other causes beyond its reasonable control.

11.2 Independent Contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture, or any other form of association, for tax purposes or otherwise, between the Parties, and the Parties shall at all times be and remain independent contractors. Except as expressly agreed by the Parties in writing, neither Party shall have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other Party or to bind the other Party in any respect whatsoever.

11.3 Assignment. Customer may not assign this Agreement, any Order Form, or any of its rights or obligations, by operation of law or otherwise, without 4Camp's prior written consent. 4Camp may assign this Agreement or any Order Form, in whole or in part, without Customer's consent to an affiliate or in connection with a merger, reorganization, financing, acquisition, sale of equity, or transfer of all or substantially all of the assets or business to which this Agreement relates. Customer may assign this Agreement without 4Camp's prior written consent solely in connection with Customer's merger, reorganization, acquisition, or transfer of all or substantially all of Customer's assets or voting securities, provided that: (a) Customer provides 4Camp prior written notice or, if prior notice is prohibited by applicable law or binding confidentiality obligations, prompt written notice after the transaction closes; (b) the assignee is not a competitor of 4Camp, a Restricted Party under Section 11.11, or an entity whose access to the Products would reasonably present a material security, legal, credit, or competitive risk to 4Camp; (c) the assignee agrees in writing to be bound by this Agreement and all applicable Order Forms; (d) the assignee has financial resources reasonably sufficient to perform Customer's payment obligations; and (e) the assignment does not expand the number or identity of Authorized Users, licensed capacity, permitted use, Customer affiliates, Products, Territory, or other scope of Customer's rights. Any expanded use requires 4Camp's prior written approval and payment of applicable additional fees. No assignment relieves Customer of obligations accrued before the effective date of assignment. This Agreement binds and benefits each Party and its permitted successors and assigns. Any attempted transfer or assignment in violation of this Section is null and void.

11.4 Notices. All notices, requests, Agreement documents, or other communications to be given under the Agreement shall be delivered as specified herein. Notices of breach, termination for cause, indemnification claims, legal process, and any amendment, addendum, exhibit, Order Form, or other document intended to modify or supplement the Agreement must be delivered in writing and addressed to the person(s) designated below and shall be deemed effective: (a) when delivered by hand; (b) one day after posting with a recognized express delivery service specifying priority overnight delivery with written verification of receipt (in the case of domestic U.S. deliveries); (c) three days after posting with a recognized international express delivery service specifying priority international delivery with written verification of receipt (in the case of international deliveries); or (d) when sent by e-mail, provided that notices to 4Camp shall be sent to legal@4camp.ai and notices to Customer are sent to the legal-notice contact identified in the applicable Order Form or, if none is identified, to Customer’s account administrator. Billing notices, renewal notices, price changes, Product notices, suspension notices, security communications, and changes applicable to a Service Plan or Order Form may be delivered electronically to the account administrator, billing contact, or email address associated with Customer’s account and are effective when sent. Delivery of an amendment, addendum, exhibit, Order Form, or other Agreement document does not make that document binding unless the execution or acceptance requirements of this Agreement have been satisfied. Legal process must also be served in any manner required by applicable law, and nothing in this Section waives an objection to legally insufficient service. All notices shall be sent to the address specified on the Cover Page of this Agreement, or in a subsequent Order Form. Each Party may designate a different address or contact person by notice given in the manner provided in this Section 11.4.

11.5 Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable, or void by a court of competent jurisdiction, then that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Parties, and the remainder of this Agreement shall continue in full force and effect.

11.6 No Waiver; Cumulative Remedies. No course of dealing, course of performance, or failure of either Party strictly to enforce any term, right, or condition of this Agreement shall be construed as a waiver of any other term, right or condition. No waiver or breach of any provision of this Agreement shall be construed to be a waiver of any subsequent breach of the same or any other provision. Except as otherwise expressly provided herein, no remedy specified in this Agreement is intended to be exclusive of any other remedy, and each and every remedy will be cumulative and in addition to every other right or remedy provided herein or available at law or in equity.

11.7 Governing Law; Venue; Waiver of Jury Trial. This Agreement will be construed in accordance with the laws of the State of Delaware, as applied to contracts made and performed entirely therein, and without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Delaware to the rights and duties of the Parties. All disputes, suits, actions, or proceedings relating to this Agreement shall be brought solely in the state or federal courts located in the State of Delaware, and each Party hereby consents to the exclusive jurisdiction and venue of such courts and waives any defense of forum non conveniens in connection therewith. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THIS AGREEMENT.

11.8 Order of Precedence. In the event of an otherwise irreconcilable conflict between the terms and conditions set forth in the main body of this Agreement and the terms and conditions set forth in any Order Form, the DPA, or any incorporated Exhibit, the following order of precedence shall apply: (a) the DPA, but solely with respect to privacy, data protection, and data security matters; (b) the applicable Order Form, but only to the extent it expressly identifies and modifies a specific section of this Agreement; (c) the terms and conditions set forth in the main body of this Agreement; (d) the applicable Service Plan; and (e) the applicable Exhibits. Product descriptions, Documentation, marketing materials, and support communications do not modify the Agreement or create additional warranties or Service Level Commitments.

11.9 Service Plan and Self-Service Term Changes. Notwithstanding Section 11.10, 4Camp may update terms applicable to a Self-Service Plan by providing reasonable electronic notice. A change that materially reduces Customer's contractual rights or materially increases recurring fees will take effect no earlier than Customer's next renewal date, allowing Customer to elect non-renewal. Changes required by law, addressing security or abuse, or adding functionality without materially reducing Customer's rights may take effect upon notice. Continued use after the stated effective date constitutes acceptance to the extent permitted by law.

4Camp may also modify any Service Plan, including its included features, Bundled Model Allowances, usage entitlements, Usage Limits, quotas, included volumes, metering rules, overage structure, and classification of limits as Soft Limits or Hard Limits. For a paid Service Plan, a change that materially reduces an entitlement, allowance, or quota will take effect no earlier than the next Renewal Anniversary following reasonable electronic notice; provided, however, that 4Camp may implement a change during the then-current Subscription Term if it provides a substitute Service Plan or configuration satisfying Section 5.5.

4Camp may also convert or recalibrate a Bundled Model Allowance, Usage Limit, quota, included volume, token grant, request grant, credit, unit, rate, or measurement methodology during the then-current Subscription Term to account for a substitute Product or 4Camp-Supplied Model, differing model economics or tokenization, or a change in provider, supplier, or metering methodology, so long as the resulting entitlement provides, in 4Camp's reasonable judgment, materially equivalent or better overall economic value and practical usable capacity for Customer's general use case.

A substitution, conversion, or recalibration meeting the applicable standard in this Section or Section 5.5 is not a material reduction merely because an individual feature, model, provider, unit quantity, unit price, rate, metric, or other component differs. Changes that increase entitlements, address law, security, abuse, provider requirements, or technical requirements, or do not materially reduce Customer's contractual rights may take effect upon notice.

For a mutually executed Order Form other than an Online Order, no change under this Section will modify an express negotiated commitment during the then-current Subscription Term unless the Order Form expressly incorporates 4Camp's then-current Service Plan or expressly permits the change. An Order Form may expressly identify and override this Section.

No change under this Section amends the DPA, reduces the level of security required by the DPA, or eliminates an obligation that cannot lawfully be modified by agreement.

11.10 Entire Agreement; Amendment. This Agreement (including any schedules or exhibits attached thereto, which are incorporated herein by reference) is the final, complete, and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications, and agreements, whether written or oral, between the Parties relating to the subject matter hereof and all past courses of dealing or industry custom. Changes to the Products, Service Plan, fees, billing model, or Subscription Term applicable to a Self-Service Plan may be made through a subsequent Online Order affirmatively accepted by Customer under Section 1. Such an Online Order does not modify any express commitment in a mutually executed Order Form unless that Order Form expressly permits the change or the Parties separately agree in a writing signed by authorized representatives of both Parties. Except for those Self-Service Plan changes and updates permitted under Section 11.9, no modification of or amendment to this Agreement is effective unless in writing and signed by authorized representatives of both Parties.

11.11 Export Controls and Sanctions. Customer will comply, and will ensure that each Authorized User complies, with all applicable export-control, economic-sanctions, import, and trade-restriction laws and regulations, including those administered by the United States Department of Commerce and the United States Department of the Treasury's Office of Foreign Assets Control (collectively, "Trade Laws"). Customer represents and warrants that neither Customer nor, to Customer's knowledge after reasonable screening, any Authorized User or person or entity that directly or indirectly owns or controls fifty percent (50%) or more of Customer is: (a) identified on any applicable government list of prohibited, sanctioned, blocked, or restricted parties (each, a "Restricted Party"); or (b) organized, ordinarily resident, or located in a country or territory subject to comprehensive United States sanctions, except to the extent authorized by applicable law and 4Camp in writing. Customer will not, directly or indirectly, access, use, export, re-export, release, transfer, or make available any Product, Documentation, technical information, AI Model, or Model Output: (i) to or for the benefit of a Restricted Party or prohibited jurisdiction; (ii) for any prohibited end use, including any prohibited nuclear, missile, chemical or biological weapons, military-intelligence, or other restricted activity; or (iii) otherwise in violation of Trade Laws. Customer is responsible for screening its Authorized Users and intended uses and for obtaining and maintaining all required governmental authorizations. Customer will promptly notify 4Camp of any actual or suspected violation of this Section and provide information reasonably requested by 4Camp to verify compliance. 4Camp may block, restrict, suspend, or terminate access, reject an Order Form, or take any other action 4Camp reasonably determines necessary to comply with Trade Laws or avoid sanctions or export-control exposure, without liability or refund except to the extent otherwise required by applicable law. Customer's obligations under this Section survive termination.

EXHIBIT A

Software as a Service Terms

This Exhibit A (the “SaaS Terms”) is incorporated into the Master License and Services Agreement between the Parties (the “Agreement”) and applies automatically to each SaaS Software Program identified in an applicable Order Form. Any capitalized term used but not defined in these SaaS Terms has the meaning given in the Agreement.

1. SaaS Hosting, Access, and Development.

1.1 SaaS Hosting Generally. 4Camp shall, subject to and in accordance with the terms of these SaaS Terms, the applicable Order Form(s), and the Agreement: (a) provide remote access to the Software Programs licensed by Customer as SaaS Software Programs from a hosting environment operated by 4Camp and/or its third party providers (“SaaS Hosting”); and (b) provide such standard deployment, onboarding, technical support, and other hosted services as are included in the applicable Service Plan. 4Camp may use affiliates, hosting providers, subprocessors, and other service providers to deliver SaaS Hosting. Unless an Order Form expressly states otherwise, Customer is not purchasing access to any particular hosting provider, model provider, infrastructure, region, architecture, or technical implementation.

1.2 Deployment. 4Camp will make available the standard access methods and configuration information generally included with the applicable Service Plan. Customer-specific or project-based deployment, onboarding, configuration, integration, migration, or other implementation assistance is provided only under the separate professional services master services agreement and applicable statement of work described in Section 2.9.

1.3 AI Model Selection and Activation. 4Camp may list, integrate, or make available 4Camp-Supplied Models through the Products and may include a Bundled Model Allowance in a Service Plan. Customer is not required to activate or use any 4Camp-Supplied Model. Customer is solely responsible for selecting the AI Models it wishes to use and for completing any activation, subscription, configuration, provider-term acceptance, or other authorization presented for the applicable AI Model or multi-model supplier. For a Customer-Supplied Model, Customer is also responsible for obtaining and maintaining the applicable provider account, credentials, subscription, and direct agreement. Inclusion of an AI Model in a Product or eligibility under a Bundled Model Allowance does not constitute a commitment that the AI Model will remain available or that it is suitable for Customer's intended use.

1.4 4Camp-Supplied Model Availability. Subject to the DPA, Applicable Laws, and any applicable Subprocessor notice and objection requirements, 4Camp may, at any time and in its sole discretion, add, remove, disable, suspend, restrict, replace, substitute, change the version or provider of, or route requests among any 4Camp-Supplied Models. 4Camp may exercise these rights for any reason, including changes in pricing or economic terms, performance, quality, security, availability, capacity, provider or supplier requirements, retirement or deprecation, legal or regulatory requirements, technical compatibility, or circumstances outside 4Camp's reasonable control.

If such a change removes or replaces a 4Camp-Supplied Model or otherwise materially affects model access included in a paid Service Plan during the then-current Subscription Term, 4Camp will make available a substitute 4Camp-Supplied Model or model-access option that, in 4Camp's reasonable judgment, provides materially equivalent or better overall capability or commercial value for the applicable general category or use. A substitute may be provided by a different model provider or supplier and need not match the prior model's provider, architecture, model family, version, context window, benchmark results, latency, output, response behavior, tokenization, token price, deployment region, endpoint, or other characteristic. 4Camp may convert or recalibrate the applicable Bundled Model Allowance or other usage entitlement in accordance with Section 11.9.

If concurrent substitution is not reasonably practicable because of a provider or supplier action, security concern, legal or regulatory requirement, outage, retirement, or other circumstance outside 4Camp's reasonable control, 4Camp may suspend or remove the affected 4Camp-Supplied Model immediately and will use commercially reasonable efforts to make a substitute meeting the foregoing standard available without undue delay.

Customer has no right to the continued availability of any particular 4Camp-Supplied Model, model family, version, provider, endpoint, architecture, or technical implementation unless an Order Form expressly identifies the applicable AI Model as a committed entitlement and expressly states that it overrides this Section. A change permitted by this Section will not constitute a breach of the Agreement, a material reduction of core functionality under Section 4 of these SaaS Terms, or a failure to satisfy a warranty or Service Level Commitment, and will not entitle Customer to a refund, service credit, damages, or other remedy, except for Customer's express rights under the DPA or an applicable Order Form that expressly overrides this Section.

1.5 Customer-Supplied Models. This Agreement does not grant 4Camp any right or authority to modify, replace, suspend, or discontinue a Customer-Supplied Model. The availability, operation, modification, and discontinuation of a Customer-Supplied Model are governed by Customer's relationship with the applicable provider. 4Camp may nevertheless modify or discontinue a Product connector, integration, or access method used with a Customer-Supplied Model, subject to the other terms of the Agreement. 4Camp is not responsible for the availability, performance, modification, discontinuation, security, or data practices of a Customer-Supplied Model.

2. CUSTOMER Responsibilities.

2.1 4Camp will assign to Customer a Customer ID and login credentials with super-user administrative privileges on behalf of the Customer. Customer is responsible for establishing and maintaining all Customer end-user login credentials, designating authorized administrators, configuring roles and access controls, monitoring Customer utilization of the Products, and maintaining accurate recovery information for its Authorized Users, including the confidentiality, security, privileges, controls, and integrity thereof, and for employing appropriate safeguards to prevent unauthorized access to or use of the SaaS Software Programs or any Customer login credentials. Customer shall be responsible for maintaining accurate Authorized User accounts and promptly removing or disabling access for individuals who are no longer authorized to use the SaaS Software Programs. Customer is responsible for maintaining physical, organizational, and technical internal controls and safeguards, including patches, anti-virus software, and upgrades to systems used to access the SaaS Software Programs. Customer will notify 4Camp without undue delay if Customer becomes aware of (a) any unauthorized access to or use of any SaaS Software Program or any Customer login credential, or (b) any breach in Customer’s own network or systems that may adversely impact any SaaS Software Program or the environment in which any SaaS Software Program is hosted (collectively, a “Security Breach”). 4Camp will have no responsibility or liability for any Security Breach caused by Customer’s personnel or agents, or by any deficiency in Customer’s systems or safeguards.

2.2 Customer will be solely responsible, at its own expense, for acquiring, installing, maintaining, and updating all connectivity equipment, hardware, software, and other equipment as may be necessary for Customer to connect to, access, and use the SaaS Software Programs. Customer acknowledges that the technical processing and transmission of Customer’s communications is fundamentally necessary to the use of the SaaS Software Programs. Customer acknowledges that the use of the SaaS Software Programs will involve transmission over the Internet, and over various other networks, which are not under the control of 4Camp. Subject to 4Camp’s express obligations under the DPA, 4Camp is not responsible for delays, failures, interception, corruption, or loss occurring solely within Customer-controlled systems, public telecommunications networks, Customer-selected integrations, or third-party services outside 4Camp’s reasonable control.

3. CUSTOMER AND USAGE DATA.

3.1 Customer is responsible for the accuracy, quality, legality, and means of acquisition of Customer Data submitted to or processed through the SaaS Software Programs.

3.2 Ownership of Customer Data and 4Camp’s rights to process Customer Data are governed by Section 2.8 of the Agreement and the DPA, where applicable.

3.3 Customer will not upload, transmit, or process any Customer Data or otherwise utilize the SaaS Software Programs in violation of the Agreement. If 4Camp reasonably believes that Customer Data or Customer’s use of the SaaS Software Programs violates the Agreement, applicable law, or a third party’s rights, 4Camp may require Customer to remove the affected Customer Data or cease the affected use and may suspend or restrict the affected access in accordance with Section 5.3 of the Agreement.

3.4 4Camp may access and collect certain information in connection with Customer’s access to or use of the SaaS Software Programs and SaaS Hosting, including software version, information pertaining to the performance and health of the solution, usage statistics, and any other information regarding the performance, usability, and health of the SaaS Software Programs and SaaS Hosting (“Usage Data”). Usage Data does not include the contents of Customer Data. 4Camp may use identifiable Usage Data only to provide, operate, maintain, secure, support, administer, and bill for the Products; enforce applicable usage limits; comply with law; and investigate misuse or security events. 4Camp may use Usage Data that has been aggregated or deidentified so that it does not reasonably identify Customer, an Authorized User, or any individual, and is not designed to reveal the substance of Customer’s deal, client, portfolio, patient, or other business activity, to analyze usage patterns, improve the Products, and develop benchmarks. 4Camp shall not use Usage Data to train or fine-tune any artificial-intelligence or machine-learning model unless expressly authorized in writing by Customer. To the extent Usage Data constitutes Personal Data, 4Camp shall Process it in accordance with applicable Data Protection Law.

3.5 Customer will not use the SaaS Software Programs to introduce malicious code; probe or circumvent security controls; disrupt or degrade the Products; conduct unlawful surveillance or discrimination; generate or distribute unlawful content; infringe third-party rights; access data without authorization; or use the Products in a manner reasonably likely to cause material harm. 4Camp may investigate suspected violations and suspend affected access under Section 5.3.

3.6 Customer may use only export features available under its Service Plan, including, but not limited to, CAMP Files, workflow, context-pack and custom-component definitions, and telemetry reports (including workflow audits), where enabled. Telemetry exports, including workflow audits, are limited to available records within Customer’s configured log-retention period, capped by the plan. Free and evaluation plans have no guaranteed export assistance or post-termination access. Return of Customer Personal Data after termination remains subject to the DPA. Post-termination export access applies only if stated in an Order Form or Service Plan. 4Camp may disable access at term end and, following any required return process, delete tenant data under its control, including, but not limited to, CAMP Files, configurations, summaries, embeddings, indexes and telemetry (including workflow audits). Only an Order Form may provide a post-termination retention or recovery period. Deletion remains subject to the DPA, Applicable Laws and 4Camp’s backup procedures; 4Camp need not retain or restore deleted data beyond those obligations.

4. MODIFICATIONS. 4Camp may modify SaaS Hosting and the SaaS Software Programs from time to time. During a paid Subscription Term, 4Camp will not materially reduce the core functionality of the applicable paid Service Plan, except where reasonably necessary to address security or legal requirements, third-party service changes, provider requirements, or risks to the Products or their users. A change to a 4Camp-Supplied Model permitted under Section 1.4 of these SaaS Terms will not constitute a material reduction of core functionality. This restriction does not apply to Free, trial, beta, preview, evaluation, or early-access Products.

5. MAINTENANCE AND SUPPORT. Subject to the terms and conditions of the Agreement, 4Camp or its authorized designee(s) shall provide to Customer the Maintenance Services included in the applicable Service Plan and any additional Maintenance Services separately purchased under the applicable Order Form, in each case as described in the applicable Maintenance Service Terms. No Service Level Commitment, response time, support channel, availability commitment, service credit, implementation service, or data-recovery commitment applies unless expressly included in the applicable Service Plan or Order Form. Published targets or status information are operational goals and not contractual commitments unless expressly identified as such.

6. FREE AND TRIAL SERVICE PLAN LIMITATIONS. Subject to Section 5.5 of the Agreement, Free, trial, beta, preview, evaluation, and early-access Products may be limited, changed, suspended, or discontinued at any time. They are provided for evaluation or limited use, without Service Level Commitments, warranties, indemnification obligations, guaranteed support, or guaranteed data retention. The absence of guaranteed data retention does not limit 4Camp’s applicable confidentiality, security, or data-protection obligations while it retains Customer Data. A trial does not convert to a paid subscription, and no payment obligation arises, unless Customer separately accepts a paid Order Form.

EXHIBIT B

Installed Software Terms

This Exhibit B (the “Installed Software Terms”) is made part of, and is hereby incorporated by reference into, the Master License and Services Agreement between the Parties (the “Agreement”), solely with respect to each Order Form (if any) that expressly references these Installed Software Terms. Any capitalized term used but not defined in these Installed Software Terms will have the meaning given in the Agreement.

1. DEFINITIONS.

1.1 “Environment” means, except as otherwise set forth in an applicable Order Form, a logical or physical computing environment in which an Installed Software Program is deployed and operated, including all hardware, software, services, and other supporting infrastructure required for its operation. For clarity, an Environment may consist of one or more servers, virtual machines, containers, databases, or other computing resources. Customer shall ensure that each Environment complies with the minimum hardware, software, networking, security, and other system requirements specified by 4Camp in the applicable Documentation.

1.2 “Production Environment” means an Environment used by Authorized Users to process live data in the day-to-day business operations of the Customer.

2. INTERPRETATION. Where an Order Form indicates that an Installed Software Program is licensed for a perpetual term, such license shall continue for an indefinite period until otherwise terminated in accordance with the Agreement or the applicable Order Form.

3. DELIVERY. Subject to the terms and conditions of the Agreement, 4Camp or its authorized designee(s) will deliver each Installed Software Program to Customer promptly following the effective date of the applicable Order Form, either by delivery of physical media containing a copy of the Installed Software Program, or by electronic delivery of such a copy. 4Camp shall elect the method of delivery unless specifically set forth otherwise in such Order Form. Any such delivery of physical media shall be deemed to have occurred when shipped from 4Camp’s place of business. Any such electronic delivery shall be deemed to have occurred when electronic access to the applicable copy is first made available to Customer. Customer will be solely responsible for installing each Installed Software Program on its own computer systems, and Customer shall ensure that such systems comply with all applicable requirements set forth in the Documentation. As part of its software release process, 4Camp will employ commercially reasonable security measures designed to help ensure the integrity and security of Installed Software Programs delivered to Customer. 4Camp nevertheless recommends that Customer independently verify the integrity and security of each Installed Software Program before installation.

4. ENVIRONMENTS. Customer shall be solely responsible for the overall effectiveness and efficiency of any Environment, and of the overall operating environment, in which any Installed Software Program is installed or used under the Agreement.

5. MAINTENANCE AND SUPPORT. Subject to the terms and conditions of the Agreement, 4Camp or its authorized designee(s) shall provide to Customer the Maintenance Services included in the applicable Service Plan and any additional Maintenance Services separately purchased under the applicable Order Form, in each case as described in the applicable Maintenance Service Terms.

EXHIBIT C

Maintenance Services Terms

This Exhibit C (the “Maintenance Terms”) is made part of, and is hereby incorporated by reference into, the Master License and Services Agreement between the Parties (the “Agreement”), solely with respect to each Order Form (if any) that expressly references these Maintenance Terms. Any capitalized term used but not defined in these Maintenance Terms will have the meaning given in the Agreement.

1. DEFINITIONS.

1.1 “Covered Program” means the Licensed Software Program for which Maintenance Services are being provided, as specified in the applicable Order Form.

1.2 “Error” means any failure in a Covered Program to substantially comply with its Documentation. Errors shall be further classified as follows:

(a) “Severity 1 Error” means an Error that causes a Covered Program to be wholly inoperative, or so severely impaired that that Customer is unable to use the Covered Program to perform any of its intended functions in accordance with the Documentation.

(b) “Severity 2 Error” means an Error that causes a Covered Program to fail to function in material accordance with its Documentation so that one or more material functions are severely impaired, but the Covered Program is still operational with respect to other functions.

(c) “Severity 3 Error” means an Error reported by Customer that causes inconvenience but does not materially and adversely affect the functionality of the Covered Program.

1.3 “Updates” means any updated, upgraded, revised, corrected, enhanced, or replacement version of a Covered Program that 4Camp makes available for a Supported Release pursuant to the applicable Maintenance Services. Updates do not include new Products, separately licensed modules or functionality, custom developments created for a specific customer, or any other software or services licensed separately by 4Camp.

2. SCOPE. 4Camp will provide the Maintenance Services included in the applicable Service Plan and any additional Maintenance Services separately purchased under the applicable Order Form for the applicable Supported Release during the applicable Subscription Term or maintenance period, provided Customer has paid all applicable fees then due.

3. PROVISION OF UPDATES. 4Camp shall make Updates available for each Supported Release in accordance with the Maintenance Services included in the applicable Service Plan or separately purchased under the applicable Order Form. For Covered Programs provided as SaaS Software Programs, 4Camp shall deploy Updates in accordance with the applicable Service Plan, Maintenance Services, and Order Form. For Covered Programs provided as Installed Software Programs, Customer is responsible for implementing Updates unless otherwise agreed in writing.

4. ERROR CORRECTION. 4Camp will use reasonable efforts to correct any Error in a Covered Program, provided such Errors are identified by Customer in writing and confirmed by 4Camp to arise directly from the unmodified Covered Program. For a Covered Program that is an Installed Software Program, such Errors must be replicable by 4Camp within an approved computing environment. Unless an applicable Service Plan or Order Form expressly identifies a timeframe below as a binding Service Level Commitment and states the applicable exclusive remedy, the timeframes in this Section 4 are non-binding service objectives only, may vary based on the circumstances, and do not constitute warranties or Service Level Commitments. Failure to meet a non-binding service objective will not constitute a breach of the Agreement and will not entitle Customer to a service credit, refund, termination right, damages, or other remedy. Subject to the foregoing, 4Camp will use reasonable efforts to proceed as described below:

4.1 Severity 1 Error. In the case of a Severity 1 Error, 4Camp will use reasonable efforts to: (a) assign at least one qualified technician within one (1) business day after receiving Customer's notice to work on the Error during 4Camp's normal business hours; and (b) provide, within five (5) business days after receiving Customer's notice, an error correction or procedural workaround sufficient to alleviate any material adverse effect of the Severity 1 Error on the operation of the Covered Program.

4.2 Severity 2 Error. In the case of a Severity 2 Error, 4Camp will use reasonable efforts to provide, within ten (10) business days after receiving Customer's notice, an error correction or procedural workaround sufficient to alleviate any material adverse effect of the Severity 2 Error on the operation of the Covered Program.

4.3 Severity 3 Error. In the case of a Severity 3 Error, 4Camp will endeavor to include a correction of such Severity 3 Error in a future Update to the Covered Program.

5. SUPPORT. Subject to the terms of the Agreement, 4Camp shall provide the support services included in the Maintenance Services applicable to Customer. The applicable Service Plan and Order Form shall define the scope of such Maintenance Services, including any Service Level Commitments, support channels, support hours, response objectives, service credits (if any), and other operational support commitments. Maintenance Services do not include support for Customer-developed modifications, customizations, implementations, software development, debugging, training, consulting, or other Professional Services, which are governed by the separate agreement described in Section 2.9. In connection with any request by Customer for support, Customer shall provide 4Camp with all information and access to Customer’s systems that is reasonably necessary to respond to the request.

6. ADDITIONAL TERMS.

6.1 Subject to the applicable Service Plan and Maintenance Services, 4Camp may provide release notes, implementation guidance, documentation updates, testing resources, migration tools, or other materials to assist Customer in evaluating and implementing Updates for a Covered Program. Release notes may identify new functionality, bug fixes, security updates, compatibility changes, configuration requirements, or other information relevant to the Update. Any additional implementation assistance, migration services, training, consulting, or other Professional Services shall be provided only under the separate professional services master services agreement and applicable statement of work described in Section 2.9.

6.2 Notwithstanding anything herein to the contrary, the Maintenance Services provided hereunder do not cover the following services: (a) assistance Customer may require, in exceptional cases, outside 4Camp’s standard support hours; (b) training of users, administrators, IT staff or other product-related training; (c) services relating to an unsupported version of a Covered Program, or for customized software code; (d) technical issues with Customer’s local infrastructure that are beyond reasonable control of 4Camp (for example, network or server problems); (e) services provided by 4Camp that are necessary to rectify faults (whether or not they impede usage of the Covered Program) to the extent to which those faults are attributable to Customer’s own actions, errors, negligence, or failure to comply with reasonable instructions or Customer’s use of the Covered Program under conditions for which the Covered Program was not intended and which do not comply with the applicable license agreement or use of interfaces, web services, or internal functions other than those that are expressly recommended in the Documentation for use for data integration or functional control of the Covered Program; and (f) any other similar services which are typically the subject of a separate professional services agreement. The foregoing list is illustrative only and is non-exhaustive.

6.3 In the event that Customer or any third party makes any unauthorized changes, modifications, enhancements, or improvements to a Covered Program, 4Camp shall be relieved of its obligations to provide services under these Maintenance Terms for any portion of the Covered Programs which have been affected, directly or indirectly, by such changes, modifications, enhancements, or improvements.

6.4 Customer acknowledges that 4Camp has the right to discontinue the development and commercial distribution of any of the Covered Programs and the Maintenance Services for any Covered Program, including the distribution of older versions of a Covered Program, at any time in its sole discretion, provided that 4Camp agrees not to discontinue the Maintenance Services during the applicable Subscription Term or maintenance period specified in the applicable Order Form.

6.5 From time to time upon Customer’s request, 4Camp may provide additional services outside the scope of the Maintenance Services to provide support or correct difficulties or defects caused by Customer’s errors; interactions with other software of Customer; assistance with design, development, and debugging of code; or any authorized changes or customizations made to the Covered Programs. The scope, fees, and other terms of such additional services will be governed by the separate professional services master services agreement and applicable statement of work described in Section 2.9.

6.6 4Camp may require Customer to implement a more recent Supported Release or Update in order to receive Maintenance Services or obtain a particular error correction. During the investigation of an incident, 4Camp may recommend that Customer implement the latest available Update applicable to the Supported Release. Customer acknowledges that the availability of Maintenance Services may be affected if Customer elects not to do so.

6.7 In the event that Customer’s system does not meet the minimum recommended third-party hardware and software requirements set forth in the Documentation for a Covered Program, 4Camp shall be relieved of its obligations to provide services under these Maintenance Terms for any portion of the Covered Programs which have been affected, directly or indirectly, by such failure to comply with the stated requirements.

6.8 Notwithstanding the provisions of Section 4, to the extent that an Error is associated with or caused by technology provided by a licensor of 4Camp, the timeline for delivery of a correction or procedural workaround to address the Error will be dependent on such licensor’s ability to provide the correction or procedural workaround.

7. TERM. These Maintenance Terms apply during the applicable Subscription Term or maintenance period specified in the applicable Order Form and shall renew in accordance with such Order Form.

8. AMENDMENT. 4Camp reserves the right to amend the terms and conditions of the Maintenance Services under these Maintenance Terms from time to time by providing written notice to Customer. Any such amendments will become effective with respect to Customer upon the next renewal term for the Maintenance Services, and Customer’s election to renew Maintenance Services shall constitute acceptance of the amended terms.

9. WARRANTY AND DISCLAIMER. 4Camp will use commercially reasonable efforts to provide the Maintenance Services, but 4Camp cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in these Maintenance Terms shall be construed as expanding or adding to the warranty for a Covered Program as may be set forth in any agreement with 4Camp governing use of the program. EXCEPT AS MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, 4CAMP MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THESE MAINTENANCE TERMS OR THE PROVISION OF MATERIALS OR SERVICES UNDER THESE MAINTENANCE TERMS. 4CAMP EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

EXHIBIT D

Data Processing Addendum (“DPA”)

The DPA is provided as a separate document and is also available at https://www.4camp.ai/legal/dpa.