Emformance Inc. Terms and Conditions/ End User License Agreement (EULA) Effective Date: Dec-23-2024 Last Updated: Aug-06-2025 This End User License Agreement (“Agreement”) governs your access to and use of the Emformance software platform (“Software” or “Emformance”), provided by Emformance Inc. (“Company,” “we,” “our,” or “us”). By downloading, accessing, or using Emformance through the Microsoft Commercial Marketplace or otherwise, you agree to be bound by this Agreement. 1. License Grant Subject to the terms of this Agreement, Emformance Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software solely for your internal business purposes and in accordance with your applicable subscription plan. 2. Restrictions You may not: - Decompile, reverse engineer, or attempt to extract the source code. - Sell, sublicense, distribute, or resell the Software. - Use the Software to build a competing product or service. - Use the Software in any unlawful manner or in violation of any applicable laws or regulations. You agree to: - Provide accurate and complete registration information. - Maintain the confidentiality of your login credentials. - Use the Service only in accordance with applicable laws and this Agreement. - Not reverse engineer, decompile, or disassemble the Service. - Not use the Service to store or transmit malicious code or infringing content. 3. Subscription and Payment Your access to Emformance is subject to your acceptance of applicable subscription terms set forth in the Microsoft Commercial Marketplace or other agreement between you and Emformance Inc. All fees are non-refundable unless otherwise specified. 4. User Data and Privacy Emformance collects and processes customer data as described in our Privacy Policy. You retain ownership of your data. By using the Software, you grant Emformance a license to process your data for the purpose of providing the Software and related services. 5. Intellectual Property All intellectual property rights in and to the Software, including documentation, interfaces, and branding, are and shall remain the sole property of Emformance Inc. or its licensors. No rights are granted except as explicitly set forth in this Agreement. 6. Term and Termination This Agreement remains in effect until terminated. Either party may terminate it for convenience or breach. Upon termination, your license is immediately revoked, and you must cease all use of the Software. 7. Disclaimers The Software is provided “as is” and “as available,” without warranty of any kind, whether express, implied, or statutory. Emformance disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. 8. Limitation of Liability To the maximum extent permitted by law, Emformance shall not be liable for any indirect, incidental, special, or consequential damages, or loss of profits or revenue, arising out of your use or inability to use the Software. 9. Third-Party Services The Service may integrate with third-party applications (e.g., Microsoft Azure, Stripe). Your use of such services is subject to their respective terms and conditions. Emformance is not responsible for third-party services. 10. Termination We may suspend or terminate your access to the Service at any time for violation of this Agreement or applicable law. Upon termination, your right to use the Service will cease immediately. 11. Compliance with Laws You represent and warrant that you will comply with all applicable laws and regulations, including data protection, export control, and software usage laws, in connection with your use of Emformance. 12. Governing Law and Dispute Resolution This Agreement is governed by the laws of the State of [Your State], without regard to its conflict of laws principles. Any dispute arising out of or related to this Agreement shall be resolved in the state or federal courts located in [Your Jurisdiction]. 13. Modifications We reserve the right to modify this Agreement at any time. Changes will become effective upon posting to our website or the Marketplace. Your continued use constitutes acceptance of any modified terms. 14. Indemnification You agree to indemnify and hold harmless Emformance and its affiliates from any claims, damages, liabilities, and expenses arising from your use of the Service or violation of this Agreement. 15. Contact Information If you have questions about this Agreement, contact us at: Emformance Inc. 4012 Williamsburg Court Fairfax, VA 22032 Email: legal@emformance.com Phone: +1(469)-843-0306