ALPINE DATA SOLUTIONS, LLC

Terms of Use As of May, 2025

Terms of Use As of [●], 2025 PLEASE REVIEW THIS DOCUMENT CLOSELY BEFORE ACCESSING AND USING THE WEBSITE AND SERVICES as these Terms of Use ("Terms") provide the requirements for your access, from within the United States, of content, products, and services through our website, software, and platforms (collectively, the “Services”) made available in the United States by Alpine Data Solutions, LLC (“Alpine,” “us” or “we”). The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms. In these Terms, the words "including" and "include" mean "including, but not limited to." If you do not agree to these Terms, you may not access the Services. Other than with respect to any applicable written services agreement (a “Services Agreement”) with Alpine, to the extent that any prior agreements or arrangements with you are inconsistent with these Terms, these Terms expressly supersede such prior agreements or arrangements. For the avoidance of doubt, terms contained in a Services Agreement with Alpine are controlling on the parties to the extent these Terms do not cover or are inconsistent with the terms of such Services Agreement. Your use of the Services may also be governed by additional terms and conditions provided in any agreement with Alpine. Alpine may immediately terminate these Terms with respect to you or generally cease offering or deny access to the Services any portion thereof, at any time for any reason. We may change these Terms from time to time by posting a new version on this page or on a successor page. The new version will become effective on the date it is posted, which will be listed on the page as the new effective date. These Terms will remain in full force and effect while you use the Services. We may terminate these Terms at our discretion. Our collection and use of personal information in connection with the Services is as provided in Alpine’s Privacy Policy, which can be found at https://www.alpinedatasolutions.com/privacy-policy. YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

I. Services Scope of Services and Client License Rights. (a) The Services. Subject to your compliance with these Terms and until termination of the Services, Alpine grants you a limited, non-exclusive, non-sublicensable, nontransferable right to access and use the Services solely for your internal business purposes (provided such internal business operations shall not include commercial time-sharing, rental, outsourcing, service bureau or similar use). Alpine may provide the Services through its own resources or the resources of one or more of its Affiliates. (b) Conditions and Limitations. The right to use the Services as described herein shall be subject to the Terms. You acknowledge and agree that the rights granted herein for the Services are subject to all of the following agreements and restrictions: (i) the maximum number of Users that you authorize to access the Services shall not exceed the number of licenses you have been granted; and (ii) access to the Services cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who are no longer permitted to access the Services. Ownership of Work. All procedures, methods, systems, strategies, tools, equipment, and other resources used by the Alpine or any of its Affiliates in connection with the provision of the Services hereunder, shall remain the property of the Alpine and its Affiliates and, except as otherwise provided herein, shall at all times be under the sole direction and control of the Alpine and its Affiliates. You acknowledge and agree that Alpine, not you, holds all right, title and interest in any intellectual property and other proprietary rights in technology, software, design, and similar data relating to or incorporated in the Services and any associated physical or electronic documentation or information arising out of the foregoing (the “Company IP”). Client Data. If the data transmitted for the purpose of utilizing the Services contain Personal Data, you warrant to Alpine that you have fulfilled all of your obligations under the law and that you have informed the individuals concerned of the use of said Personal Data. You are solely responsible for the quality, accuracy, legality, and relevance of the data and contents you provide, use, or transmit in connection with the Services. You hereby grant to Alpine and its Affiliates, a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display Client Data solely to the extent necessary to provide the Services. You agree that following termination of the Services, Alpine may immediately deactivate your account(s) associated with the Services and delete Client Data from the Services. Notwithstanding the foregoing, you understand that Alpine may retain copies of Client Data in regular backups or as required by law. You acknowledge that the retention of Client Data in the Services is at all times subject to Alpine’s data retention policies. Use Restrictions. You shall not (and shall not permit any third party to): (a) sublicense, sell, transfer, assign, distribute or otherwise grant or enable access to the Services in a manner that allows anyone to access or use the Services that is not an authorized User, or to commercially exploit the Company IP; (b) use the Company IP to provide, or incorporate the Services into, any product or service provided to a third party; (c) use the Company IP to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code except to the extent expressly permitted by applicable law (and then only upon advance notice to Alpine); (e) copy, modify or create any derivative work of Company IP; (f) remove or obscure any proprietary or other notices contained in the Services or Company IP; or (g) publicly disseminate performance information regarding the Services; further, you shall not (and shall not permit any third party to) access or use the Services: (i) to send or store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights and/or in violation of applicable laws; (ii) to send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, or agents; (iii) in a manner that interferes with or disrupts the integrity or performance of the Services (or the data contained therein); (iv) to gain unauthorized access to the Services (including unauthorized features and functionality) or its related systems or network; or (v) disable or bypass the measures that Alpine may use to prevent or restrict access to the Services, or use the Services in excess of applicable limitations. Passwords, Access, and Notification. You will provide and assign unique password and usernames to each authorized User for each license purchased. You hereby acknowledge and agree that you are prohibited from sharing passwords and or usernames with unauthorized users. You will be responsible for the confidentiality and use of your (including your employees’) passwords and usernames. You will also be responsible for all electronic communications, including those containing business information, account registration, account holder information, financial information, Client Data, and all other data of any kind contained within emails or otherwise entered electronically through the Services or under your account. Alpine will act as though any electronic communications it receives under your passwords, username, and/or account number will have been sent by you. You agree to notify Alpine if you become aware of any loss or theft or unauthorized use of any of your passwords, usernames, and/or account number. Modification. Alpine reserves the right at any time and from time to time to modify, temporarily or permanently, the Services (or any part thereof). You acknowledge that Alpine reserves the right to discontinue offering the Services at any time. You agree that Alpine will not be liable to you or any third party for any modification or discontinuance of the Services. Maintenance. In order to perform maintenance, including infrastructure and application upgrades, there will be routinely scheduled down-time of the Services.

II. Fees Invoices; Payment. (a) Invoices. At the end of each calendar month, Alpine will submit to you an invoice for the fees for the Services (“Service Fees”). (b) Payment. Within ten (10) days after receipt of an invoice, you shall make payment to Alpine the full amount contemplated by the invoice via electronic transfer to a bank account designated by or by such other means as the parties mutually agree. Your access to the Services may be suspended or terminated if your account falls into arrears. For any invoices 30 days overdue, there will be a 5% late fee charge. For any invoices 60 days and beyond overdue, there will be a 10% late fee charge. Taxes. All amounts to be paid to Alpine under these Terms or the Services provided hereby are exclusive of any applicable taxes required by law to be collected from you (including withholding, sales, use, excise, or service taxes, which may be assessed on the provision of the Services). If a withholding, sales, use, excise, or services tax is assessed on the provision of the Services, you will pay directly, reimburse, or indemnify Alpine for such tax. You will cooperate with each other in determining the extent to which any tax is due and owing under the circumstances and shall provide and make available to each other any information regarding services and other exemption certificates or information reasonably requested by Alpine.

III. Representations and Warranties Representations. By accepting these Terms, you hereby represent and warrant to Alpine that you have the right, power, legal capacity, and authority to (a) accept these Terms and to execute all other documents and perform all other acts as may be necessary in connection with these Terms, and (b) to use the Services in accordance with these Terms. Warranties. The Services provided shall be free from material errors or other material defects and shall substantially conform to the Documentation. The Documentation and other materials describing the Services hereunder completely and accurately reflect their operation and functionality. In the event of a material breach of the foregoing warranty, your exclusive remedy and Alpine’s entire liability, shall be for Alpine to use commercially reasonable efforts to correct the reported nonconformity within a reasonable period of time, or if Alpine determines such remedy to be impracticable, Alpine at its discretion, may terminate the Services, and you will receive, as your sole remedy, a refund of any fees you have pre-paid, if any, for use of affected Services not yet delivered. This warranty shall not apply if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, violations by you of these Terms, or any use provided on a no-charge or evaluation basis. Alpine shall have no obligation with respect to a claim for breach of this warranty unless notified of such claim within (30) days of the first material functionality problem. Alpine does not warrant that the Service will be free of nonmaterial errors, bugs, or minor interruption, or that all such errors will be corrected. Disclaimer of Warranties. EXCEPT AS OTHERWISE STATED ABOVE, ALPINE DOES NOT REPRESENT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPED OR ERROR FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ALPINE OR THE OPERATION OF THE SERVICES WILL BE SECURE OR THAT ALPINE AND ITS THIRD PARTY VENDORS WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING CLIENT DATA OR YOUR CONFIDENTIAL INFORMATION, OR ANY ERRORS WILL BE CORRECTED OR ANY STORED CLIENT DATA WILL BE ACCURATE OR RELIABLE. THE WARRANTIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY ALPINE. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED ABOVE, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS FOR COMMERCIAL USE ONLY. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSE.

IV. Liability Indemnification. By accepting these Terms, you agree to indemnify, defend and hold harmless Alpine, its Affiliates and their respective officers, directors, employees, shareholders, members, managers, partners, representatives, consultants and agents from and against any loss, cost, injury, liability, expense or claim (including reasonable legal fees and expenses and costs of investigation) (collectively, “Losses”) arising out of the provision of the Services to you, except to the extent caused by the gross negligence or willful misconduct of Alpine or its Affiliates in connection with the performance or nonperformance of Alpine’s obligations hereunder. No Consequential or Other Damages; Limitation of Liability. Neither Alpine nor any of its Affiliates, nor any of their respective officers, directors, employees, shareholders, members, managers, partners, representatives, consultants, or agents, shall be liable to you or any of your Affiliates or to any officer, director, employee, shareholder, member, manager, partner, representative, consultant, or agent of you or any of your Affiliates, whether in contract, tort (including negligence and strict liability), or otherwise, for any special, indirect, incidental, consequential, or punitive damages, or damages for lost profits, loss of future revenue or income, loss of business reputation or opportunity, or diminution of value or any damages based on any type of multiple, which in any way arise out of, relate to, or are a consequence of these Terms or the performance or nonperformance of the Services. Notwithstanding any damage suffered by you for any reason (including, without limitation, any and all damages referred to above and any direct and general damages), the total liability of Alpine under any of these Terms will be limited at all times to the amount actually paid by you to Alpine for the Services during the period of one year immediately preceding the event giving rise to such claim, regardless of whether such claim is based on breach of contract, breach of warranty, tort, or otherwise. There shall be only one aggregate liability cap under these Terms even if there are multiple claims and each claim shall reduce the amount available under the aggregate liability cap. The limitations, exclusions, and disclaimers cited and described above will apply to the maximum extent permitted by applicable law, even if any remedy fails to meet its essential purpose. V. Definitions For purposes of these Terms, the following terms shall have the meanings respectively ascribed to them: “Affiliate” shall mean, with respect to any Person, a Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the first Person. The term “control” as used herein (including the terms “controlling”, “controlled by”, and “under common control with”) means the possession, directly or indirectly, of the power to (i) vote more than fifty percent (50%) of the outstanding voting securities of such person or entity, or (ii) otherwise direct management policies of such person, by contract or otherwise. “Client Data” means all data, files, including hypertext markup language files, documents, audio and visual information, graphics, scripts, programs, applets or servlets that you create, install, upload to or transfer in or through the Services or provide in the course of using the Services. “Documentation” means the end user technical documentation provided with the Services, as may be modified from time to time. “Person” shall mean an individual, corporation, partnership, trust, association, or entity of any kind or nature, or a governmental authority. “Personal Data” has the meaning set forth in applicable law or if such meaning is not defined, means information about an individual that can be used to identify, contact or locate a specific individual; can be combined with other information that is linked to a specific individual to identify, contact or locate a specific individual; or is defined as “personal data,” “personal(ly) identifiable information,” “personal information,” or similar terms by applicable laws or regulations relating to the collection, use, storage, or disclosure of information about an identifiable individual. “Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Services and have been supplied user identifications and passwords by you or on your behalf. VI. Miscellaneous Governing Law; Waiver of Jury Trial. These Terms shall be governed by and construed in accordance with the domestic laws of the State of Delaware, without giving effect to any choice of law or conflicting provision or rule that would cause the laws of any jurisdiction other than the State of Delaware to be applied. You hereby irrevocably and unconditionally waive, to the fullest extent you may legally and effectively do so, trial by jury in any suit, action, or proceeding arising hereunder. Consent to Jurisdiction. You agree and consent to the jurisdiction of any court sitting in the State of Utah, Salt Lake County, and the United States District Court for the District of Utah (if federal jurisdiction exists), and any applicable appellate courts, with respect to all matters relating to these Terms and the Services contemplated hereby and waive all objections and irrevocably consents to the personal jurisdiction of such courts.