GOMOCHA FSP SAAS TERMS OF SERVICE July 2024 Page 1 of 4 These Terms of Service apply to all mutual agreed and signed Service Engagement(s) between or, Gomocha USA LLC, or Gomocha BV and The Customer. Gomocha USA LLC is a Delaware Limited Liability Corporation with its principal place of business at 1775 Tysons Blvd, Mclean, Virginia 22101, United States of America. Gomocha BV is a limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, having its statutory seat in Zaltbommel, the Netherlands and its office address at Lange Viestraat 2B, 3511 BK Utrecht, the Netherlands Gomocha USA LCC and Gomocha BV are referenced hereinafter as Gomocha The Customer legal name is specified in the signed Service Engagement(s) Gomocha is a leading company providing field management services. Gomocha offers such field management services to its customers via its Gomocha FSP (Field Service platform). The Parties agreed that Gomocha will provide certain of its field management services via Gomocha FSP to The Customer, in accordance with the terms and conditions set out in these ToS. The Customer hereby waives its general and special terms and conditions even if it is stated therein that only those conditions apply. The use of the Services is at all times subject to any applicable (third-party) licenses and license agreements, as the case may be. Furthermore and to the extent permitted by law, Gomocha is not liable whatsoever for damages resulting from services, products, software, acts omissions of its (sub)contractors, (sub)service providers or other third parties. Gomocha FSP will be made available on the effective date of the service engagement to the Customer in accordance with the standard Gomocha Onboarding Procedure. The Parties acknowledge that the full and timely cooperation is key for the successful completion of the onboarding phase. To that end, The Parties will carry out all actions necessary or desirable for making available the Gomocha FSP in accordance with the Service Engagement(s). Important Customer Onboarding Responsibilities are, but not limited to, 1) Establish Internet connection through supported browser, 2) Make Single point of contact available to implement configurations, 3) Make compliant (mobile) devices available to users, 4) Provide mobile devices with sufficient data bandwidth, 5) Make google maps account available if needed, 6) Support email connectivity between Customer mail server and Gomocha FSP, 7) Optional SSO to be activated on Customer infrastructure, 8) guide the configuration efforts, 9) Provide Master data required to operate Gomocha FSP Gomocha keeps an up to date version of Hard and Software requirements available through this online document. Gomocha FSP SAAS Hardware and Software requirements Gomocha FSP will be installed on the cloud environment of Microsoft Azure by Gomocha and Gomocha will make the Platform available to the Customer’s Users on the Customer's Network Configuration via a telecommunications connection and keep it available for use at the Mobile Devices and Desktop Computers. The Customer may request for configuration changes or that additional Functionalities will be provided by Gomocha through the Platform, for additional Fees. Such request will only be delivered upon mutual agreed Service Engagement(s). Gomocha will not be obliged to provide such additional Functionalities, as the case may be. Gomocha will install without customer approval available Updates or New Versions on its own systems and make them available to Customer via a telecommunication connection on the Devices. In consideration of the Fees and all other payments due by the Customer to Gomocha under Service Engagements, and subject to the Customer performing in full and observing and abiding by all its obligations, covenants, undertakings and agreements herein contained, Gomocha grants to the Customer and the Users a nonexclusive right to access, use and operate the Platform and its Functionalities. The License shall be expressly and exclusively restricted for access, use and operation of the Platform and its Functionalities by the Customer and its Users solely for the purpose of and in connection with only the Customer’s business. The Customer hereby agrees, covenants and undertakes not to use and operate the Platform and its Functionalities for any other purpose and/or for any other businesses and agrees to procure that the Platform and its Functionalities will not be used and operated for any other purpose and/or for any other businesses. Once Onboarding has completed, a Customer Success Manager will be assigned for communication and management of the Service Engagement(s). The Customer needs to appoint a representative to act as point of contact as well. Gomocha’s maintains SOC 2 and ISO 27001 certifications. Those certifications have been issued by external auditor. They have assessed the extent to which the Platform/Gomocha complies with strict requirements for establishing, implementing, maintaining and GOMOCHA FSP SAAS TERMS OF SERVICE July 2024 Page 2 of 4 continually improving an information security management system. Gomocha FSP are continuously monitored by Gomocha in order to maintain both certifications. Data processing through Gomocha FSP is compliant with this online document. Gomocha FSP SAAS Data Processing Addendum. Gomocha support Process Consist of the following process steps 1) Acceptance and registration of incoming Calls 2) (initially) priority 3) Diagnose Calls, 4) Resolve Calls, 5) Dispatch or route Calls to Gomocha’s expert support, or 3rd party expert, 6) Escalate calls, 7) Status monitoring, 8) Status reporting 9) Close calls. The Customer Success Team is the first point of contact for the Customer’s Designated Staff. The most important task of the Customer Success Team is to ensure the correct registration of Incidents and the monitoring of the progress of the resolution of such Incident, and providing status reports to Customer’s Designated Staff It is noted that Designated Staff also may file a Change Request at the Customer Success Team and, of course, a Question about the Platform or its Functionalities. The Customer Success Team can be reached through various channels, with links in Gomocha FSP and through contact information available found on our support page. Calls are classified by the Customer Success Team on their Priority. The Priority is determined based on the impact of the business and the number of Users it effects. There are four classification, Critical, High, Medium and Low. During business hours (Mountain Time and Central Europe) the target resolution time is 4 hrs for critical, 1 workday for High, 5 workdays for Medium And 10 workdays for low. A Target Resolution is calculated from the moment the Incident report is registered in Gomocha FSP service management tooling and until the Incident is resolved by Gomocha’s Customer Success Team. Gomocha strives for optimal availability of the Platform and its Functionalities. It does this, amongst other things, by assessing and, as the case may be and at its own discretion, implementing Changes on its own initiative and pursuant to Change Requests of Customers. Gomocha is entitled to temporarily suspend the availability of the Platform and its Functionalities for Preventive Maintenance, Innovative Maintenance, release and installation of New Versions or other reasonable purposes (the Maintenance Window). If possible, Gomocha will inform the Customer priorly if the Platform and its Functionalities are expected to be unavailable during the Maintenance Window. Platform availability is guaranteed for 99%. Calculated as follows ((Service Window - Downtime)/Service Window) x 100% >99%. Service Window equals the minutes in at least 6 months minus maintenance window minutes, When the Capacity (storage, memory, bandwidth) (is likely to) exceed limitations, additional resources may be required. Gomocha and the Customer will, as the case may be, discuss such exceeding. Such exceeding may negatively affect the availability of the Platform and its Functionalities which is not considered as Downtime. Gomocha will, as the case may be, offer capacity solutions for additional fee. Gomocha will, as th case may be, not be obliged to grant the Customer additional Capacity. Gomocha safely stores Customer Data. Furthermore, Gomocha will backup and (if demanded) restore the Customer Data. Restoring data on customers request will take place against additional fees. The retention period of a backup is 30 days. Gomocha reports on a quarterly basis in a Service Report. The reports are sent by e-mail to the Customer and discussed in a online meeting. This constitutes an operational meeting between the Customer and the customer success manager of Gomocha (which is operationally responsible for the service). Any open Tickets, Functionality related subjects and services are discussed and Gomocha might from time to time propose improvements. Since the Platform and its Functionalities are made available to the Customer as a service, the Platform and its Functionalities and may be subject to unilateral amendments by Gomocha because of, inter alia, Updates, New Versions or new or revised Functionalities. The Customer represents and warrants to Gomocha that: it is a company duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation; AND the person signing for and on behalf of the Customer, is duly authorized to sign and execute service engagement(s) on behalf of the Customer and bind the Customer. Customer Data provided to Gomocha, such Customer Data (including intellectual property rights vested therein) remain property of the Customer. The Customer hereby grants to Gomocha a non-exclusive license to copy, reproduce, store, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of Gomocha’s obligations under the agreed service engagement(s). GOMOCHA FSP SAAS TERMS OF SERVICE July 2024 Page 3 of 4 No intellectual property rights relating the Platform belong to the Customer, except for the intellectual property rights relating to the Customer Data. Gomocha's obligations under this ToS do not affect the Customer's obligation to establish, maintain and implement adequate procedures and control mechanisms, taking into account the nature and scope of the interests of use, to prevent or limit damage as a result of irregular or incorrect use of the Platform. The Customer ensures that its staff is adequately trained and informed about the operation of the Platform. The Customer warrants that the access provided to Gomocha to the Customer’s Network Configuration does and will not infringe any (intellectual property) rights of third parties. The Customer will indemnify Gomocha against any and all damages and costs (including but not limited to legal costs) arising from an infringement of any third party’s intellectual property rights by the Gomocha’s use of the Customer’s Network Configuration. The Customer is responsible for compliance with any applicable rules and regulations, including but not limited to privacy laws and regulations. The Customer is solely responsible for determining whether or not the platform and its Functionalities comply with any applicable laws and regulations. Gomocha is responsible for adequate physical, operational, technical and organisational security of the Platform to the extent it concerns its own infrastructure and premises. Gomocha will use its best efforts to ensure that the Platform remains free from viruses. The Customer uses its best efforts to ensure that use of the Platform by its staff does not lead to virus infection. The Customer is responsible for adequate physical, operational and organisational security of its Users, the Devices, its Network Configuration and any Third Party Products. The Customer is liable for any and all damages suffered by Gomocha and caused by persons that have been granted access by the Customer to the Network Configuration and the Platform. The service commences on the Date and Initial-Term specified in the service engagement and continues in effect for the Renewed Term specified in the service engagement, unless either Party provides a Written notice to terminate at least three (3) weeks before the end of the Initial Term or the then-current Renewed Term. The Customer may immediately terminate the any or all Service Engagement(s) (which includes the License granted) if a New Version will be made available that is not accepted by the Customer. Upon termination and written request of the Customer, Gomocha will provide reasonable assistance against its at the time actual rates to migrate Customer Data to another system Gomocha’s Fees for the making available of the Platform and payment dates are set out in Service Engagement, are exclusive of any local taxes, and are due and payable from the Effective date of each service engagement. Invoice are to be paid within 14 days of specified invoice date. Gomocha’s Fees will be invoiced in advance and on a monthly basis. Gomocha’s invoices must be paid in accordance with the payment instructions on the invoices. Any Fees for additional work or services will be invoiced in arrears. Gomocha will not be obliged to provide additional work or services and the fees for such additional work or services will be agreed upon beforehand. Gomocha reserves the right to suspend the Customer’s access and/or use of the Platform and its Functionalities if any payment is due but remains unpaid after thirty day’s written notice of such delinquency. Customer agrees that Gomocha will not be liable to the Customer, or to any third party, for any suspension of access and/or use of the Platform and its Functionalities as described in this clause. Gomocha is entitled to adjust its Fees by means of a Written notification to the Customer in accordance with the same index as used by Microsoft, however no more than once per period of 12 months that the service continues The Customer will be solely and exclusively liable towards any person for any losses, costs, expenses and/or damages caused to any person and/or property (whether tangible or intangible) due to and/or as a result of the use and/or operation of the Platform and its Functionalities by the Customer and/or by anyone acting on the Customer’s behalf and/or under the Customer’s authorisation, including, without limitation, the Customer’s employees, agents, representatives, contractors, officers (including the Users), where such use and/or operation is in contravention of the terms of this ToS. Customer is in no event liable for compensation of indirect damage or consequential loss, including: damage due to loss of turnover or profit, damage due to delay, damage due to loss of data, damage as a result of business stagnation, missed savings and loss or damage due to information or advice. Customers liability for damage as a result of a failure in the performance of the Service Engagement(s), a wrongful act or otherwise is, to the extent permitted by law, limited to what is paid out by Customers insurer. Customer will make reasonable GOMOCHA FSP SAAS TERMS OF SERVICE July 2024 Page 4 of 4 efforts to have the insurer pay out. If no payment is made, the liability per event (whereby a series of successive events is regarded as a single event) will be limited to the amount (excluding taxes) paid by Customer over a period of the last 6 months, to a maximum of EUR 10.000. The liability limitations set out above do not apply in case of damages suffered by Gomocha as a result of (i) (alleged) infringements of intellectual property rights of third parties, or (ii) fraud or negligence or misconduct of the Customer and/or anyone acting on its behalf and/or under its authorisation, including, without limitation, the Customer’s employees, agents, representatives, contractors, officers (including the Users). Gomocha is only liable towards the Customer for direct loss or damage as a result of an imputable failure in the performance Gomocha's liability for damage as a result of a failure in the performance of the Agreement, a wrongful act or otherwise is, to the extent permitted by law, limited to what is paid out by Gomocha's insurer. Gomocha will make reasonable efforts to have the insurer pay out. If no payment is made, the liability per event (whereby a series of successive events is regarded as a single event) will be limited to the amount (excluding taxes) paid by Customer under the ToS over a period of 6 months, to a maximum of EUR 10.000. To be any right to compensation, each Party must always report the loss in writing as soon as possible after the loss has occurred. Each claim for compensation shall be barred by the mere expiry of a period of 3 months following the inception of the claim unless the Party has instituted a legal action for damages prior to the expiry of this period. This clause does not apply in case of damages suffered by Gomocha as a result of (i) (alleged) infringements of intellectual property rights of third parties, or (ii) fraud or negligence or misconduct of the Customer and/or anyone acting on its behalf and/or under its authorisation, including, without limitation, the Customer’s employees, agents, representatives, contractors, officers (including the Users). Default or delay by any Party (hereinafter the Defaulting Party) in the performance of any of its obligations and/or undertakings under any service engagement will not be considered a breach and will not give the other Party (the Non-Defaulting Party) any right of termination and/or any claim whatsoever against the Defaulting Party for indemnification against loss, costs, and/or damages caused by such default or delay to the extent that such default or delay derives from Force Majeure Events (as the term is defined below) and the Force Majeure Notice (as the term is defined below) has been served on the Non-Defaulting Party. If, owing to the occurrence of Force Majeure Events, the fulfilment by the Defaulting Party of any of its obligations and/or undertakings under this ToS will be delayed, the period established in this ToS for fulfilment of its obligations and/or undertakings shall be extended by a period of time equal to the duration of the Force Majeure Events. If the Force Majeure Events continue for more than 30 calendar days, the Parties shall negotiate in good faith to face such event and to find a better exit, including, without limitation, termination of this ToS. Provided that any such termination to be effective must be in writing and signed by the Parties. In the event of failure to reach an agreement as aforesaid, each of the Parties shall have a right to terminate this ToS with immediate effect through written notice to the other Party. This ToS may be modified or amended only by means of an by both Parties executed amendment agreement. If any provision of this ToS (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. This ToS and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of the Netherlands for Service Engagements with Gomocha BV or with the laws of Virginia for Service engagements with Gomocha USA LLC