These Terms of Service (“Terms”) are a binding legal agreement between you, the organization that signs an Order Form or uses the Firehorse Platform (“Customer,” “you”), and Firehorse Agent, Inc. (“Firehorse,” “we,” “us”). If you have a signed agreement with Firehorse, that agreement controls wherever it differs from these Terms or from any policy these Terms incorporate.

Part 1 – Use of App and Website

1. Services

1.1 We will make the Firehorse App and Website available to you and your Authorized Users under one or more Order Forms during the service period specified in the applicable Order Form (each, a “Service Period”).

1.2 The service description provided with the applicable Order Form or otherwise posted on the Website (“Service Specification”) describes and governs the Firehorse App.

1.3 During the Service Period, we may update the Firehorse App and Service Specifications to reflect changes in, among other things, Laws, technology, industry practices, and patterns of system use. Firehorse updates to the Firehorse App or Service Specifications will not materially reduce the level of performance, functionality, security or availability of the Firehorse App during the applicable Service Period.

1.4 You shall be solely liable for all Losses arising from access to or use of the Firehorse App and Website or the results thereof.

1.5 Mobile App. The Firehorse App includes the Firehorse Inspections mobile app for iOS and Android (the “Mobile App”). You will (a) authorize each Authorized User who uses the Mobile App and ensure that each is 18 years of age or older; (b) make the Mobile App End User Terms at firehorseagent.com/mobile-app-terms available to your Authorized Users, and remain responsible for their compliance with those terms; and (c) provide any notices to, and obtain any consents from, your personnel and third parties that your use of voice recording, photo capture and location stamping requires under applicable Law.

1.6 Device Management. You may apply your own device or app management policies to the Mobile App. You select and operate that software, and Firehorse does not control it. Firehorse is not responsible for loss of Customer Data caused by your policies, including a remote wipe or an offline access limit that removes data from a device before it syncs to the Firehorse Platform.

2. Data

You provide electronic data to Firehorse (“Source Data”), which can be computer files or direct access to a database licensed under a license that allows us to access and use such database for extraction of such data.

2.1 Firehorse transforms Source Data into structured data (data that has been abstracted and classified by key or field name) and validated data (data against which validation rules have been applied), which is sent or otherwise made available to you (“Results Data”). We may also generate data (including, without limitation, statistical data on usage, processes or any other metric in the Firehorse Platform and data used or generated in connection with the transformation of Source Data to Results Data) (“Other Data”).

2.2 Source Data and Results Data (collectively, the “Customer Data”) may also include Sensitive Personally Identifiable Information (“Sensitive PII”) and Non-Sensitive Personally Identifiable Information (“Non-Sensitive PII”) as defined by pages 5 and 6 of the US Department of Homeland Security, Handbook for Safeguarding Sensitive PII dated December 4, 2017. For purposes of these Terms, legal entity Employer Identification Numbers are treated as Sensitive PII.

2.3 You will not include in Customer Data any data that imposes specific data security, data protection, or regulatory obligations on Firehorse in addition to or different from those specified in the Security Policy in Part 3 or the Privacy Policy at firehorseagent.com/privacy-policy. If Customer Data includes any of the foregoing data (e.g., payment card information), we will process such data pursuant to the terms of your Order Form and these Terms. You are responsible for complying with your specific regulatory, legal or data security obligations which may apply to such data.

2.4 If a Governmental Authority sends Firehorse a demand for Customer Data, Firehorse will notify the Customer. If it compels Firehorse to provide Customer Data, Firehorse will notify the Customer as soon as possible to the extent it is permitted to do so under the Law.

2.5 Artificial Intelligence. Firehorse will not use Customer Data to train artificial intelligence models, and will not permit its Sub-Processors to do so.

2.6 Hosting Models. Firehorse may host the Firehorse Platform in its own cloud environment, or you may host it in your own cloud environment. When you host it, your own settings and policies govern where Customer Data is stored, how long it is retained and how it is backed up, and Sections 1.3 and 1.4 of Part 3 apply only to Customer Data that Firehorse holds.

Part 2 – General Terms

You may not, and may not cause or permit others to, use the Firehorse App or Website in violation of the Firehorse Acceptable Use Policy at firehorseagent.com/acceptable-use (the “Acceptable Use Policy”), which these Terms incorporate. In addition to other rights that we have in these Terms and any Statements of Work and Order Forms, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.

Part 3 – Security Policy

1. Security

1.1 Organizational Security Measures. Firehorse uses the following organizational security measures to preserve the confidentiality of Customer Data:

• Confidentiality obligations in employment, contractor and Sub-Processor contracts.

• Access controls to Customer Data, as described in Section 1.2 of this Part 3.

• Physical access controls such as locks and security passes.

1.2 Technical Security Measures. We are a cloud native company and run on a cloud service provider’s platform (e.g., Amazon Web Services). The platform hosts all of our services and data. We run a virtual private cloud with network access control lists that is designed to prevent unauthorized access to our internal network. We use various technical security measures that are designed to preserve the confidentiality of Customer Data. These are:

• Encryption of Customer Data stored in Firehorse cloud systems using AES-256.

• Encryption of all data in transit using TLS 1.2 or higher, including for all API and endpoint authentication.

• Protection of Customer Data stored on mobile devices before sync, using encryption by the Mobile App and by the device operating system, and removal of that data from the device as described in the Privacy Policy.

• Access controls such as passwords and role-based permissions.

• Monitoring of access rights and of system access to look for potential unauthorized access.

• Monitoring, logging and subsequent auditing of activity on the Firehorse Platform for suspicious activity or inefficient processing.

1.3 Data Storage. All production environments are in the Customer’s own environment. When Firehorse hosts the Firehorse Platform for beta or testing purposes, Firehorse stores all Customer Data in the USA in single-tenant datastores. We back up all Customer Data on an automated basis. At the end of the beta or testing Term, Firehorse will delete all Customer Data from its production systems within 10 business days or, if requested in writing by you prior to the end of the Term, return Customer Data to you. Copies of Customer Data in backups are deleted within 30 days after that.

1.4 Sub-Processors. Firehorse uses entities that process Customer Data and/or Sensitive PII (“Sub-Processors”) so that Firehorse may make the Firehorse App and Website available to the Customer. The current Sub-Processors are listed at firehorseagent.com/subprocessors. Firehorse may include other Sub-Processors as needed to provide services and will provide 10 days’ notice to you before engaging them. Firehorse will only choose Sub-Processors with privacy and security policies at least as stringent as Firehorse’s own.

1.5 Customer Responsibilities.

1.5.1 You will take reasonable steps to keep Authorized Users’ use of the Firehorse Platform secure, including protecting user names, passwords and other account information (“User Information”), and to protect Customer Data when in transit to and from the Firehorse Platform when using a channel not supported by Firehorse (for example, if the Customer chooses to use email to convey files or data to Firehorse). Customer must notify Firehorse immediately if User Information has been compromised or if Customer suspects suspicious activity or other events on other software or other accounts that may impact the Firehorse Platform or other customers using it.

1.5.2 You are responsible for (a) any required notices, consents and/or authorizations related to your provision of, and our processing of, Customer Data (including any Sensitive PII and Non-Sensitive PII); (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Customer Data, including any viruses, Trojan horses, worms or other harmful programming routines contained in Customer Data; and (c) any use by you or Authorized Users of the Firehorse App or Website in a manner that is inconsistent with these Terms and any related Statements of Work and Order Forms. To the extent you or your users disclose or transmit Customer Data to another Person, we are no longer responsible for the security or confidentiality of such Customer Data outside of Firehorse’s control.

1.6 Security Event. If there is a Security Event, Firehorse will notify the Customer within 48 hours of discovering the Security Event and give timely updates as Firehorse learns material facts.

1.7 Security Overview. A current overview of Firehorse’s security program is available at security.firehorseagent.com.

Part 4 – Privacy

The Firehorse Privacy Policy at firehorseagent.com/privacy-policy describes how Firehorse collects, uses and shares information, and is incorporated into these Terms.

Part 5 – General

5.1 Order of Precedence. If these Terms conflict with a signed agreement between you and Firehorse, the signed agreement controls. If these Terms conflict with an Order Form or Statement of Work, the Order Form or Statement of Work controls for that order. If these Terms conflict with a policy they incorporate, these Terms control.

5.2 Changes. Firehorse may update these Terms. We will post the updated Terms at this address, update the date at the top, and notify you of material changes before they take effect.

5.3 Warranty and Limitation of Liability.

5.3.1 Firehorse warrants that it will provide the Firehorse App in a professional manner and in material conformance with the applicable Service Specification. If Firehorse breaches this warranty, your exclusive remedy is for Firehorse to use commercially reasonable efforts to correct the nonconformity and, if Firehorse cannot do so within a reasonable time, for either party to terminate the affected Order Form and for Firehorse to refund any prepaid fees for the remainder of the affected Service Period.

5.3.2 Except as expressly stated in Section 5.3.1, the Firehorse App, the Website and all Results Data are provided “as is” and “as available.” To the maximum extent permitted by Law, Firehorse disclaims all other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Results Data is generated with the help of software, including artificial intelligence, and you are responsible for reviewing it before relying on it.

5.3.3 To the maximum extent permitted by Law, neither party will be liable to the other for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business or data, arising out of or relating to these Terms, even if advised of the possibility of such damages.

5.3.4 To the maximum extent permitted by Law, each party’s total liability arising out of or relating to these Terms will not exceed the fees paid or payable by you to Firehorse under the applicable Order Form in the 12 months before the event giving rise to the liability.

5.3.5 Sections 5.3.3 and 5.3.4 do not limit liability for a party’s gross negligence, willful misconduct or fraud, or for your obligation to pay fees due under an Order Form.

5.4 Governing Law and Venue. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. Each party submits to the exclusive jurisdiction of the state courts located in Philadelphia County, Pennsylvania, and the United States District Court for the Eastern District of Pennsylvania, for any dispute arising out of or relating to these Terms.

5.5 Notices. Notices to Firehorse must be sent to Firehorse Agent, Inc., 533 E Girard Ave STE 74061 Philadelphia, PA 19125, with a copy by email to legal@firehorseagent.com.

Part 6 – Definitions

“Affiliate” means, with respect to a Person, any other Person that directly or indirectly Controls, is Controlled by or is under common Control with such Person, where “Control” means (i) the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of such Person but only if such power is exercised, or (ii) the possession by ownership, directly or indirectly, of fifty percent (50%) or more of the voting equity of such Person or, in the case of a non-corporate Person, equivalent interests.

“Agreement” means these Terms together with each Order Form, each Statement of Work, and the policies these Terms incorporate.

“Authorized User” means, for the Firehorse App and Website, those employees and contractors, as applicable, authorized by you or on your behalf to use the Firehorse App and Website in accordance with this Agreement and the applicable Order Form.

“Claim” means any claim, demand, suit or proceeding brought by a third party.

“Firehorse App” means Firehorse’s software applications made available to you under an Order Form, including its web applications and the Mobile App.

“Firehorse Platform” means the Firehorse App together with the Infrastructure.

“Governmental Authority” means any supranational, national, regional, state or local government, court, governmental agency, authority, board, bureau, instrumentality, or regulatory body.

“Infrastructure” means the cloud environments, systems and networks that Firehorse uses to provide the Firehorse App.

“Law” means any of the following, as they may be changed from time to time: (a) any federal, state, county or municipal statute, regulation, policy, by-law, ordinance or subordinate legislation in force from time to time (including treaties, multinational conventions and the like having the force of Law); (b) the common law and the law of equity; (c) any binding court order, judgment or decree; (d) any mandatory industry code or policy, and any standard enforceable by law; and (e) any applicable direction, policy, order or interpretation of law that is given by a Governmental Authority.

“Losses” means: (a) all losses, liabilities, and damages; (b) all related costs, expenses and other charges suffered or incurred as a result of or in connection with a Claim (including reasonable attorney fees, court costs and disbursements at trial and on any appeal), and reasonable costs of investigation, litigation, settlement and judgment; and (c) any taxes, fines, interest and penalties with respect to any of the foregoing.

“Order Form” means an ordering document signed by you and Firehorse that references these Terms.

“Person” means any person or entity, whether an individual, trustee, corporation, partnership, limited partnership, limited liability company, trust, unincorporated organization, business association, firm or joint venture.

“Security Event” means an unauthorized breach of the Firehorse Platform which leads to a disclosure or loss of Customer Data.

“Term” means the period during which any Order Form is in effect.

“Website” means https://firehorseagent.com, including the “look and feel” of the website, and any content (other than Customer Data) displayed on or available through such website.