Twin Pillar Associates LLC Mobile Application Named ConstellationX End User License Agreement

The Services are intended for professional and organizational use. In most cases, your Twin Pillar Associates LLC account is provisioned by an administrator on behalf of an organization that has subscribed to the Services (your "Organization"), and your access is subject to the terms of the subscription agreement between Twin Pillar Associates LLC and your Organization, which controls over any conflicting provision in this Agreement as to the scope of licensed use. You represent and warrant that you are at least 18 years of age, or, if you are accessing the Services as an authorized member, employee, or affiliate of an Organization, that you are authorized by that Organization to accept this Agreement and to use the Services on its behalf. If you are entering into this Agreement on behalf of an Organization, you represent that you have the authority to bind that Organization, and "you" refers to both you individually and that Organization, jointly and severally liable for compliance with this Agreement.

The Services are not directed to, and may not knowingly be used by, individuals under the age of 13. Twin Pillar Associates LLC may suspend or terminate any account it reasonably believes is used by a person under that age, or for which the Organization's subscription has lapsed, been suspended, or been terminated for any reason, in each case without liability to you or your Organization.

Subject to your compliance with this Agreement and, where applicable, your Organization's subscription with Twin Pillar Associates LLC, Twin Pillar Associates LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device you own or control, solely for your own use as an authorized user, and solely for the purpose for which the Services are offered. This license does not include any right to (a) resell or make any commercial use of the Services; (b) collect or use any feature, description, or performance characteristic of the Services for competitive benchmarking or comparison; (c) make any derivative use of the App or Content; or (d) use any automated means to access, extract, or interact with the Services other than through the App's ordinary user interface. All rights not expressly granted to you in this Agreement are reserved by Twin Pillar Associates LLC and its licensors, and Twin Pillar Associates LLC may revoke this license at any time, for any reason or no reason, without notice and without liability.

This license does not permit you to: (a) use the Services for any purpose other than their intended professional communication and coordination purpose; (b) permit any person other than you to use your account or credentials; or (c) use the Services in any jurisdiction or manner not authorized by your Organization's subscription.

The App, and all software, source code, object code, algorithms, models, designs, interfaces, trademarks, documentation, and other content made available by Twin Pillar Associates LLC in connection with the Services (collectively, the "Content"), are and shall remain the exclusive property of Twin Pillar Associates LLC and/or its licensors, and are protected under United States and international copyright, trademark, trade secret, patent, and other intellectual property laws. Nothing in this Agreement transfers any ownership interest in the App, the Content, or any Twin Pillar Associates LLC intellectual property to you. All rights not expressly granted to you in this Agreement are reserved by Twin Pillar Associates LLC.

Any modification, customization, configuration, integration, or derivative work of the App or the Services — whether created by Twin Pillar Associates LLC, by you, by your Organization, or by a third party at your or your Organization's direction or request — is and remains the exclusive property of Twin Pillar Associates LLC, and you and your Organization hereby assign to Twin Pillar Associates LLC any right, title, or interest either of you may otherwise hold in it.

Twin Pillar Associates LLC may collect, analyze, and use technical, usage, diagnostic, and performance data generated by or through your use of the Services, and may create aggregated or de-identified data from it. Any such aggregated or de-identified data, and any inferences, analytics, or insights Twin Pillar Associates LLC derives from it, are the exclusive property of Twin Pillar Associates LLC, and Twin Pillar Associates LLC may use, disclose, license, and otherwise exploit that data for any lawful business purpose, in its sole discretion, in perpetuity, without further obligation to you or your Organization.

"ConstellationX" and all related names, logos, and marks used in connection with the App are trademarks of Twin Pillar Associates LLC ("Marks"). You may not use any Mark without Twin Pillar Associates LLC's prior written permission. This Agreement does not grant you any right to use these trademarks, logos, or brand features, and any goodwill arising from any use you make of the Marks inures solely to Twin Pillar Associates LLC's benefit.

If you or your Organization submits suggestions, ideas, enhancement requests, or other feedback regarding the App or the Services ("Feedback"), you and your Organization irrevocably assign to Twin Pillar Associates LLC all right, title, and interest in that Feedback, and agree that Twin Pillar Associates LLC may use, disclose, and exploit it for any purpose, commercial or otherwise, without payment, attribution, or restriction of any kind. To the extent such assignment is not effective under applicable law, you grant Twin Pillar Associates LLC a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use the Feedback for any purpose.

In the course of evaluating or using the Services — including through product demonstrations, administrator training, technical documentation, pricing, and support interactions — you or your Organization may receive non-public information regarding Twin Pillar Associates LLC's technology, architecture, product roadmap, pricing, or operations ("Confidential Information"). You agree to hold Confidential Information in strict confidence, use it solely to evaluate or use the Services, and not disclose it to any third party, including a competitor of Twin Pillar Associates LLC, without Twin Pillar Associates LLC's prior written consent. This obligation survives termination of this Agreement and continues until the Confidential Information becomes public through no fault of yours.

Depending on your device, operating system, and the features you choose to use, the App may request the following permissions. Each permission is used only after you or your device grants it, and only for the purposes described below and in the Privacy Policy. If you decline a permission, the related feature will not be available to you.

• Microphone: to facilitate real-time push-to-talk voice communication, record voice or video calls to enable transmission, and record voice messages you choose to send.
• Location, including background location where permitted: to let you share your location with contacts, view locations shared with you, appear on your Organization's dispatch map, and attach your precise location to SOS emergency alerts so your contacts and your Organization's administrators can respond.
• Camera: to scan an administrator-provided QR code for account setup, set or change your profile photo, and capture pictures or video to share with other users.
• Photo library: to select a profile photo and share pictures or video files with other users.
• Notifications: to alert you to incoming calls, messages, and SOS emergency alerts.
• Bluetooth: to connect wireless headsets and push-to-talk accessories.
• Storage and file access, where applicable to your device and operating system: to store your profile photo, app updates, temporary account files, and, with your permission, diagnostic logs used for troubleshooting, data analysis, testing, research, security, and fraud detection.
• Device and phone status information, where applicable to your device and operating system: to share status data with other users as you direct, enable sign-in to third-party services using your account, provide personalized support, and facilitate your Organization's account management.
• Messaging and calling functions, where applicable to your device and operating system: solely to support the SOS emergency feature, which may need to send text messages or place calls to notify your designated contacts of an emergency.

You can review and change permission settings at any time in the App or your device settings, as described in the Privacy Policy. Disabling a permission may disable the corresponding feature, including features relevant to emergency communication.

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS TWIN PILLAR ASSOCIATES LLC'S LIABILITY TO YOU.

The App includes an SOS or emergency-alert feature intended to help notify your designated contacts and your Organization's administrators of an emergency and to share your location with them. THE APP IS NOT A SUBSTITUTE FOR 911, EMERGENCY SERVICES, OR ANY OTHER PUBLIC EMERGENCY RESPONSE SYSTEM, AND YOU SHOULD ALWAYS CONTACT LOCAL EMERGENCY SERVICES DIRECTLY IN AN EMERGENCY WHERE THAT OPTION IS AVAILABLE TO YOU.

Delivery of SOS alerts, messages, and location information depends on factors outside Twin Pillar Associates LLC's control, including your device's power and connectivity, cellular network availability and coverage, GPS and location signal accuracy, your device and operating system settings, permissions you have granted, and the availability and responsiveness of your designated contacts and Organization administrators. TWIN PILLAR ASSOCIATES LLC DOES NOT GUARANTEE THAT ANY MESSAGE, CALL, SOS ALERT, OR LOCATION INFORMATION WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED, OR ACTED UPON, OR THAT IT WILL BE TIMELY OR ACCURATE.

You acknowledge that push-to-talk-over-cellular and SOS technology are inherently dependent on third-party networks, infrastructure, and devices outside Twin Pillar Associates LLC's control, and you voluntarily assume the risks inherent in relying on such technology, including the risk of delayed, incomplete, or failed transmission. This assumption of risk relates to the inherent limitations of the technology and does not excuse Twin Pillar Associates LLC from its obligation to provide the Services with reasonable care; it is addressed together with, and subject to, the disclaimers and limitation of liability set out in Sections 15 and 16.

You agree that you will not, and will not permit or assist any third party to:

• infringe, misappropriate, or violate Twin Pillar Associates LLC's or any third party's intellectual property, publicity, privacy, or other legal rights;
• decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, algorithms, or non-public protocols of the App or any Twin Pillar Associates LLC software;
• use the App or any Content to train, fine-tune, benchmark, or otherwise develop any artificial intelligence, machine learning, or competing communication product or service;
• access or use the Services to build, or assist a third party in building, a product or service competitive with Twin Pillar Associates LLC;
• interfere with, disrupt, or place unreasonable load on Twin Pillar Associates LLC's servers or network infrastructure, or attempt to gain unauthorized access to any account, system, or network related to the Services;
• use the App to transmit any unlawful, harassing, defamatory, obscene, or fraudulent communication, or to impersonate any person or entity;
• misuse the SOS or emergency-alert feature, including by submitting false or fraudulent emergency alerts;
• remove, obscure, or alter any proprietary rights notice appearing in or on the App; or
• use the App in violation of any applicable law or regulation, including export control and sanctions laws.

A violation of this Section is grounds for immediate suspension or termination of your access to the Services, and Twin Pillar Associates LLC reserves the right to pursue all available legal and equitable remedies, including injunctive relief, for any actual or threatened violation, without the need to post a bond or prove actual damages.

Twin Pillar Associates LLC may monitor use of the Services to the extent necessary to operate, secure, and improve the Services, enforce this Agreement, and detect fraud, abuse, or violations of law, subject to the Privacy Policy. Twin Pillar Associates LLC may audit an Organization's use of the Services for compliance with the applicable subscription agreement and this Agreement, upon reasonable notice, and the Organization agrees to reasonably cooperate with any such audit.

The App may be made available to you through third-party app marketplaces, including the Apple App Store and Google Play (each, a "Platform"), and your download and use of the App is also subject to the applicable Platform's terms of service. Where the App is obtained through the Apple App Store, the following additional terms apply: (a) this Agreement is between you and Twin Pillar Associates LLC only, and not with Apple Inc. ("Apple"), and Apple is not responsible for the App or its content; (b) Apple has no obligation to furnish any maintenance or support services for the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App to you, and, to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App; (d) Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, or claims arising under consumer protection or similar law; (e) in the event of any third-party claim that the App infringes intellectual property rights, Twin Pillar Associates LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of any such claim; (f) you represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and are not listed on any U.S. government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple has the right to enforce this Agreement against you as a third-party beneficiary.

The App may also connect with wireless headsets, push-to-talk accessories, or other Bluetooth devices, and Twin Pillar Associates LLC is not responsible for the performance, compatibility, or security of any third-party hardware.

If you or your Organization is an agency, department, or instrumentality of the United States government, or a state, local, or tribal government, the Services are "commercial computer software" and "commercial computer software documentation" as those terms are used in applicable federal acquisition regulations. Consistent with such regulations, any use, duplication, or disclosure of the Services by or for a U.S. government end user is governed solely by the terms of this Agreement and is prohibited except as expressly permitted by this Agreement.

If your Organization has entered into a subscription agreement with Twin Pillar Associates LLC, your Organization shall maintain, at its own expense, commercial general liability insurance and, where applicable, cyber liability and errors-and-omissions insurance, in amounts and with insurers reasonably satisfactory to Twin Pillar Associates LLC, and shall, upon Twin Pillar Associates LLC's written request, name Twin Pillar Associates LLC as an additional insured and provide a certificate of insurance evidencing such coverage. Failure to maintain the insurance required by this Section is a material breach of this Agreement.

Any statistics, case studies, or performance descriptions referenced in Twin Pillar Associates LLC's marketing materials are illustrative, may reflect the facts and circumstances of a specific deployment, and are not a representation, warranty, or guarantee of results for your particular use case, device, network conditions, or organizational deployment. Actual performance depends on factors outside Twin Pillar Associates LLC's control, including device, network, and third-party infrastructure. You acknowledge that you have not relied on any statement, promise, or representation not expressly set out in this Agreement in deciding to use the Services.

THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE TWIN PILLAR ASSOCIATES LLC PARTIES (DEFINED BELOW) DO NOT WARRANT THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE OR NETWORK, OR THAT ANY COMMUNICATION, INCLUDING AN SOS ALERT, WILL BE SUCCESSFULLY TRANSMITTED OR RECEIVED. NOTHING IN THIS AGREEMENT IS INTENDED TO, AND NOTHING IN THIS AGREEMENT SHALL, DISCLAIM OR LIMIT LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE DISCLAIMED OR LIMITED AS A MATTER OF APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TWIN PILLAR ASSOCIATES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "TWIN PILLAR ASSOCIATES LLC PARTIES") BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY THIRD PARTY, UNDER ANY LEGAL THEORY, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY; OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE CARVE-OUT BELOW, THE TWIN PILLAR ASSOCIATES LLC PARTIES' AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP, THE SERVICES, OR THIS AGREEMENT — INCLUDING ANY CLAIM RELATING TO THE FAILURE, DELAY, OR INACCURACY OF ANY COMMUNICATION OR EMERGENCY/SOS FEATURE — SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT PAID BY YOUR ORGANIZATION TO TWIN PILLAR ASSOCIATES LLC FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).

NOTHING IN THIS AGREEMENT DISCLAIMS OR LIMITS LIABILITY FOR (I) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) DEATH OR PERSONAL INJURY, TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH A DISCLAIMER OR LIMITATION. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THEM, REFLECT A REASONABLE ALLOCATION OF RISK, AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND SURVIVES TERMINATION OF THIS AGREEMENT. IF ANY COURT OR ARBITRATOR DETERMINES THAT ANY LIMITATION IN THIS SECTION IS UNENFORCEABLE AS WRITTEN, THE PARTIES INTEND THAT THE LIMITATION BE REFORMED OR REDUCED ONLY TO THE MINIMUM EXTENT NECESSARY TO MAKE IT ENFORCEABLE, RATHER THAN STRICKEN IN ITS ENTIRETY. NOTHING IN THIS SECTION LIMITS TWIN PILLAR ASSOCIATES LLC'S RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR ANY ACTUAL OR THREATENED BREACH OF SECTIONS 3, 4, 5, 6, OR 9. THE REMEDIES IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM RELATING TO THE SERVICES.

You agree to defend, indemnify, and hold harmless the Twin Pillar Associates LLC Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, expert costs, and settlement amounts) arising out of or relating to: (a) your or your Organization's access to or use of the Services; (b) your or your Organization's violation of this Agreement; (c) your or your Organization's violation of any applicable law or the rights of any third party; (d) any content or communication transmitted through your account, including any misuse of the SOS or emergency-alert feature; or (e) any claim brought by a member, employee, or affiliate of your Organization against the Twin Pillar Associates LLC Parties arising from your Organization's deployment, configuration, or administration of the Services. Twin Pillar Associates LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Twin Pillar Associates LLC's defense of such claim.

Twin Pillar Associates LLC may withhold, offset, or apply any refund, credit, or amount otherwise owed to you or your Organization against any amount you or your Organization owes to Twin Pillar Associates LLC under this Agreement or any other agreement between the parties.

During the term of this Agreement and for twelve (12) months thereafter, your Organization agrees not to directly or indirectly solicit for employment or engage as an independent contractor any employee or contractor of Twin Pillar Associates LLC who was involved in providing the Services to your Organization, other than through a general solicitation not specifically directed at such individuals.

This Agreement remains in effect until terminated. Twin Pillar Associates LLC may suspend or terminate your access to the Services at any time, for any reason or no reason, with or without notice, including for any suspected violation of this Agreement or upon termination or lapse of your Organization's subscription, in each case without liability to you or your Organization. You may stop using the Services and request deletion of your account at any time as described in the Privacy Policy. Sections 3 through 10 and 12 through 31 survive termination of this Agreement.

Twin Pillar Associates LLC will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, civil unrest, labor disputes, governmental action, internet, cellular network, or utility failures, or failures of third-party service or infrastructure providers.

Please read this Section carefully. It affects your legal rights.

Except for disputes qualifying for small claims court or disputes in which either party seeks injunctive or other equitable relief for the actual or alleged infringement, misappropriation, or misuse of intellectual property or Confidential Information, you and Twin Pillar Associates LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator in Broward County, Florida (or remotely, at the arbitrator's discretion), in the English language. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AND TWIN PILLAR ASSOCIATES LLC EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

If any part of this arbitration provision is found unenforceable, the remainder shall remain in full force and effect, except that if the class-action waiver is found unenforceable, the entirety of this arbitration Section shall be null and void, and the dispute shall instead proceed exclusively in the state or federal courts located in Broward County, Florida, subject to Section 23.

For any dispute that is not subject to arbitration under Section 22 and instead proceeds in court — including any claim for injunctive relief carved out of the arbitration provision — you and Twin Pillar Associates LLC each irrevocably waive, to the fullest extent permitted by law, any right to a trial by jury.

Except where a shorter period would be prohibited by applicable law, any claim or cause of action arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the claim or cause of action accrues, or it is permanently barred, notwithstanding any longer statute of limitations that might otherwise apply.

In any arbitration or court proceeding to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, in addition to any other relief awarded.

This Agreement and any dispute not subject to arbitration under Section 22 are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and, where applicable, the Federal Arbitration Act. You consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Broward County, Florida, for any dispute not subject to arbitration.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or party subject to U.S. government embargo or sanctions, and that you are not identified on any U.S. government restricted party list. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Services.

Except as expressly stated in Section 11 with respect to Apple, this Agreement does not confer any right or remedy on any person or entity other than you and Twin Pillar Associates LLC, including any member, employee, or affiliate of your Organization.

Any notice to Twin Pillar Associates LLC under this Agreement must be in writing and delivered to the address or email set out in Section 32. Twin Pillar Associates LLC may provide notice to you through the App, by posting on the Website, or by email to the address associated with your account, and such notice is deemed effective when sent.

Twin Pillar Associates LLC may revise this Agreement at any time, in its sole discretion, by posting the updated Agreement or notifying you through the App. Changes are effective upon posting unless otherwise stated, and you are responsible for reviewing this Agreement periodically. Your continued use of the Services after a change becomes effective constitutes your acceptance of the revised Agreement.

Section headings are for convenience only and do not affect interpretation of this Agreement. This Agreement shall not be construed against either party as the drafter. This Agreement, together with the Privacy Policy and any applicable Organization subscription agreement, constitutes the entire agreement between you and Twin Pillar Associates LLC regarding the Services and supersedes all prior or contemporaneous agreements on that subject. If any provision of this Agreement is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Twin Pillar Associates LLC's failure to enforce any right or provision will not be deemed a waiver of that right or provision. You may not assign or transfer this Agreement without Twin Pillar Associates LLC's prior written consent, and any attempted assignment without such consent is void. Twin Pillar Associates LLC may freely assign this Agreement, including in connection with a merger, acquisition, financing, or sale of assets, and this Agreement binds and benefits the parties' permitted successors and assigns. Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and Twin Pillar Associates LLC, and you have no authority to bind Twin Pillar Associates LLC in any respect.

Questions about this Agreement should be directed to:

Twin Pillar Associates LLC (developer and operator of the ConstellationX application)
3650 Coral Ridge Dr STE 111
Fort Lauderdale, FL 33065
Email: legal@constellationx.ai