Terms of Service

Version Date: March 18, 2025

BY SIGNING OR OTHERWISE INDICATING YOUR ACCEPTANCE OF ANY KUBIT ORDER REFERENCING OR INCORPORATING THESE TERMS OF SERVICE OR BY OTHERWISE ACCESSING OR USING ANY KUBIT SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND AGREEING TO BE BOUND BY THEM.

AGREEMENT

These Kubit AI Terms of Services (the “Terms of Service”), are made and entered into by and between Kubit AI, Inc. (“Kubit”), a Delaware corporation, and the entity or person placing an order for or accessing any Kubit Services (as defined below) (“Customer”). The Terms of Service consists of the terms and conditions set forth below and any attachments, addenda or exhibits referenced herein. The “Effective Date” of the Terms of Service is the earlier of (i) Customer’s initial access to any Kubit Services through any online provisioning, registration or order process and (ii) the effective date of the first Customer Order referencing or incorporating the Terms of Service. The Terms of Service will govern Customer’s initial Order on the Effective Date as well as any future Orders made by Customer that reference the Terms of Service.

Section 1. Kubit Services

1.1. Kubit Services. Kubit will, during the Subscription Term (as defined below) of an applicable Order:

(a) host, operate, and maintain the Kubit platform, which provides analytics insights from Customer Data (as defined below) and may store, interpret, process, modify and analyze Customer Data (the “Kubit Platform”) as set forth in one or more order forms executed by both Kubit and Customer (each an “Order”);

(b) assist Customer’s authorized administrative users in configuring the Kubit Platform to enable it to function with Customer’s computer system (the “Customer System”);

(c) assist Customer to provide the Kubit Platform access to Customer Items and Customer Data (as defined below), and allow Customer to access Customer Data through the Kubit Platform pursuant to the Kubit Terms;

(d) provide support to Customer through email between 8am and 5pm Pacific time on business days to address questions regarding access to the Kubit Platform and configuration thereof and will respond to support inquiries within one (1) business day after receipt thereof; and

(e) provide initial training to Customer as agreed in the applicable Order and any additional support re: use of the Kubit Platform requested by Customer that is not covered by clause (d) (“Additional Technical Support”) at the hourly rate set forth in the applicable Order (collectively, the “Kubit Services”). The provision of the Kubit Services shall be in accordance with and subject to the Terms of Service and the terms of the applicable Order. Purchase of a subscription to the Kubit Services hereunder is not contingent upon the delivery of any future functionality or features.

1.2. Subscriptions. Kubit Services are purchased as subscriptions and may be accessed only in accordance with the applicable Order. Additional data processing and features may be added during the applicable Subscription Term by execution of an additional Order. Kubit may continue to improve and update the Kubit Platform from time to time with feature improvements and bug fixes. Consequently, the Kubit Platform may go through updates or be replaced with newer products. As new versions, products, and services are introduced, in order to optimize the Kubit Services and performance of the Kubit Platform, Kubit may periodically discontinue or “sunset” older software versions as well as specific product features.