AGREEMENT

1. Access to Integrate Space Platform

Subject to the terms and conditions hereof, Integrate Space hereby grants Participant a non-exclusive, non-transferable, non-sublicenseable right to engage in internal, non-production testing of the Integrate Space Platform solely to evaluate the Integrate Space Platform.

2. Feedback

(a) Participant agrees to provide feedback (including suggestions, comments for enhancements, functionality or usability, etc.) (“Feedback”) to Integrate Space on Participant’s experience using, and needs and integration requirements for, the Integrate Space Platform.

(b) Integrate Space shall have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality, and Participant hereby grants Integrate Space the full, unencumbered right to incorporate and otherwise fully exploit Feedback in connection with Integrate Space’s products and services.

3. Termination

(a) Either party may terminate this Agreement for any reason upon written notice to the other party (email to suffice). Upon termination, Participant must return or destroy all materials provided in connection with the Integrate Space Platform and discontinue any further use of the Integrate Space Platform. Sections 2(b), 4, 5, 6 and 7 will survive any expiration or termination of this Agreement.

4. Propriety Rights

(a) As between the parties, Integrate Space retains all rights, title and interest in and to Integrate Space Platform and any System Data. “System Data” means data collected by Integrate Space regarding the Integrate Space Platform that may be used to generate logs, statistics or reports regarding the performance, availability, usage, integrity or security of the Integrate Space Platform. In addition, notwithstanding anything herein, if, as a result of the parties’ activities hereunder, the parties jointly author, invent or create, or Participant authors, invents or creates, any software, data, inventions or other intellectual property to be included in the Integrate Space Platform (“Platform Improvements”), Integrate Space will own all right, title and interest in and to such Platform Improvements, and Participant hereby makes all assignments necessary to accomplish the foregoing ownership. Participant will reasonably cooperate with Integrate Space to perfect such rights, at Integrate Space’s reasonable expense.

(b) Participant will not (a) sublicense, resell, rent, lease, transfer, assign, time share, broadcast, republish, modify, distribute or otherwise commercially exploit or make the Integrate Space Platform available to any third party; (b) use the Integrate Space Platform in any unlawful manner, (c) modify, adapt or hack the Integrate Space Platform, or otherwise attempt to gain unauthorized access to the Integrate Space Platform or its related systems or networks, or (d) remove any proprietary notices, attributions (whether of Integrate Space, third party platform providers, users or otherwise) or labels from the Integrate Space Platform. Participant will comply with any terms, rules or guidelines provided by third party platform providers, and promptly notify Integrate Space if Participant learns of a security breach related to the Integrate Space Platform. Further, Participant will not, and will not permit any third party to, reverse engineer or otherwise attempt to discover the source code or underlying structure or algorithms of the Integrate Space Platform, modify or create derivative works based on the Integrate Space Platform, or otherwise use the Integrate Space Platform outside of the scope expressly permitted under this Agreement.

(c) “Confidential Information” means any information, software and know-how disclosed or made available by either party (the “disclosing party”) to the other party (the “receiving party”) hereunder. The receiving party shall: (i) not use the disclosing party’s Confidential Information except for the exercise of its rights or performance of its obligations hereunder; (ii) not disclose such Confidential Information to any party, other than its employees and consultants who have a “need to know” for the receiving party to exercise its rights or perform its obligations hereunder; and (iii) use at least reasonable measures to protect the confidentiality of such Confidential Information. If the receiving party is required by law to make any disclosure of such Confidential Information, the receiving party shall first give written notice of such requirement to the disclosing party, and shall permit the disclosing party to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation to the disclosing party in seeking to obtain such protection. Information will not be deemed Confidential Information hereunder if such information: (1) is known or becomes known (independently of disclosure by the disclosing party) to the receiving party prior to receipt from the disclosing party from a source other than one having an obligation of confidentiality to the disclosing party; (2) becomes publicly known, except through a breach hereof by the receiving party; or (3) is independently developed by the receiving party without any use of the disclosing party’s Confidential Information.

5. Disclaimer of Warranties

Participant expressly acknowledges that the Integrate Space Platform is not at a level of functionality, performance or compatibility of a commercial, production-level integration and may have defects or deficiencies which cannot or may not be corrected by Integrate Space. Integrate Space is not obligated to provide any maintenance, technical or other support for the Integrate Space Platform. The Integrate Space Platform is a non-production environment and Participant agrees to only use non-production data in connection with its use of the Integrate Space Platform. THE INTEGRATE SPACE Platform IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. INTEGRATE SPACE DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE INTEGRATE SPACE Platform, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

6. Limitation of Liability

EXCEPT FOR LIABILITY ARISING FROM A BREACH OF SECTION 4, IN NO EVENT WILL EITHER PARTY BE LIABLE HEREUNDER FOR (A) LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR (B) ANY OTHER AMOUNTS IN EXCESS OF THE GREATER OF THE TRIAL FEE (IF ANY) AND ONE HUNDRED DOLLARS ($100), IN EACH CASE EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Publicity

Participant agrees that Integrate Space may refer to Participant’s name and trademarks in Integrate Space’s marketing materials and website; however, Integrate Space will not use Participant’s name or trademarks in any other publicity (e.g., press releases, customer references and case studies) without Participant’s prior written consent (which may be by email).

8. Miscellaneous

Integrate Space may revise this Agreement from time to time and any revisions will be effective upon the Last Updated date indicated at the top of this Agreement. Participant’s continued access or use of the Integrate Space Platform as part of a trial constitutes its acceptance of any revisions. For all purposes under this Agreement each party shall be and act as an independent contractor and shall not bind nor attempt to bind the other to any contract. This Agreement shall be governed by the laws of the State of Washington without regard to the principles of conflicts of law. Each party hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts in King County, Washington [A1] for the purpose of resolving any dispute relating to this Agreement or Participant’s access to or use of the Integrate Space Platform. Neither party shall have the right to assign this Agreement, except that either party may assign its rights and obligations without consent to a successor to substantially all its relevant assets or business. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated so that this Agreement shall otherwise remain in full force and effect and enforceable. The failure of either party to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right.

PRIVACY

Integrate Space Corporation (“Integrate Space,” “we,” “us,” or “our”) has prepared this Privacy Policy to explain (1) what personal information we collect, (2) how we use and share that information, and (3) your choices concerning our privacy and information practices.

Applicability of this Privacy Policy

We provide a software-based program management platform (the “Services”). This Privacy Policy applies to personal information that we collect in connection with the Services, our mobile applications, our website(s), including https://integrate.co/ and products and/or services that link to this Privacy Policy.

If you are a customer of Integrate Space, this Privacy Policy does not apply to personal information that we process on your behalf (if any) as your service provider. Such personal information shall instead be governed by the terms and conditions of the separate customer agreement or terms of service that you have agreed to with Integrate Space. In addition, our Services are designed for businesses and are not intended for personal, family, or household use. Accordingly, we treat all personal information covered by this Privacy Policy as pertaining to individuals acting as business representatives, rather than in their personal capacity.

Personal information we collect

Information you provide to us:

Business Contact Information: If you are a representative of one of our actual or prospective customers, suppliers or business partners, we may collect personal information about you (such as your name, contact details and role) when entering into an agreement with your company and during the course of our relationship with your company.

Account information, such as your name, email address, and other similar information when you register an account with us.

Feedback or correspondence, such as information you provide when you contact us with questions, feedback, reviews, or otherwise correspond with us online.

Usage information, such as information about how you use the Services and interact with us.

Marketing information, such as your preferences for receiving communications about our activities, services, and publications, and details about how you engage with our communications.

Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from third parties. We may maintain pages on social media platforms, such as Facebook, Twitter, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources and data providers.

Automatic data collection. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:

Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.

Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them. We may use third party tools to assist with capturing online activity data.

Email Open/Click Information. We may use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email that we may send to you.

We use the following tools for automatic data collection:

Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.

Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.

Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

How we use your personal information

To operate our Services:

Provide, operate, maintain, secure and improve our Services.

Provide information about our Services.

Communicate with you about our Services, including by sending you announcements, updates, security alerts, and support and administrative messages.

Respond to your requests, questions and feedback.

Marketing and advertising. We may from time-to-time send you direct marketing communications as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email. You may opt out of our marketing communications as described in the “Opt out of marketing communications” section below.

For research and development. We may use your personal information for research and development purposes, including to analyze and improve our Services and our business. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services and promote our business.

Compliance and protection. We may use personal information to:

Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims).

Audit our internal processes for compliance with legal and contractual requirements and internal policies.

Enforce the terms and conditions that govern our Services.

Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

How we share your personal information

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate our Services (such as lawyers, bankers, auditors, insurers, and providers that assist with hosting, analytics, email delivery, marketing, and database management).

Authorities and others. We may disclose your personal information to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Affiliates: We may share personal information with our current and future affiliates, meaning an entity that controls, is controlled by, or is under common control with us. Our affiliates may use the personal information we share in a manner consistent with this Privacy Policy.

Cross-border processing of your personal information

We are headquartered in the United States. To provide and operate our services, it is necessary for us to process your personal information in the United States. If we transfer personal information across borders such that we are required to apply appropriate safeguards to personal information under applicable data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.

Your choices

Opt out of marketing communications. You may opt out of email communications by following the opt-out or unsubscribe instructions at the bottom of the email.

Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our Services, which we have summarized below:

Blocking cookies in your browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

Using privacy plug-ins or browsers. You can block our Services from setting cookies used for interest-based ads by using a browser with privacy features or installing browser plugins like Privacy Badger, DuckDuckGo, Ghosteryor uBlock Origin, and configuring them to block third party cookies/trackers.

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Data Retention

We may retain your personal information for as long as it is reasonably needed in order to maintain and expand our relationship and provide you with our services; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of such information, the potential risk of harm from unauthorized use or disclosure of such information, the purposes for which we process it, and the applicable legal requirements.

Other sites, mobile applications and services

Our Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Security practices

We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of personal information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information. In the event that we are required to notify you about a situation involving your data, we may do so by email or telephone to the extent permitted by law.

Children

Our Services are not intended for children, and we do not collect personal information from them. We define “children” as anyone under 18 years old. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child, please contact us via the contract information noted below.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our Services. We may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through our Services.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on our Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.