Mozverse will make the Services available to Subscriber according to one or more online or written ordering documents (each a "Service Order"). The Agreement includes each Service Order incorporating the Agreement.

Mozverse provides the contractual services with an overall availability of 98.5%. The availability is calculated on the basis of the time allotted to the respective calendar month in the contractual time period minus the time required for the import of updates, new releases and/or other modifications and maintenance work. The transfer point is the router exit of Mozverse’s data center.

The contents of the storage space provided for you are backed up by Mozverse every working day. The data backup is performed on a rolling basis in such a way that the data backed up for one day of the week is overwritten by the data backup performed for the following same day of the week. The data backup is performed for the entire server content. You are therefore not entitled to the return of any of the backup media, but only to the retransfer of the backed-up content to the server.

Mozverse will comply with all laws and governmental regulations applicable to the Services.

Mozverse will make online documentation available at https://docs.mozverse.com (the "Documentation") that describes: (a) Mozverse software made accessible as part of the Services ("Mozverse Software") and (b) usage guides for the Services.

Mozverse will maintain administrative, physical, and technical safeguards for the security and integrity of the Services (the "Security Measures") consistent with industry standard practices. Mozverse will store, process, transmit and disclose electronic data and configurations submitted to the Services at the direction of or on behalf of Subscriber ("Subscriber Data") only according to the Agreement and the Documentation. The Services, independent of Subscriber Data, will not transmit code, files, scripts, agents, or programs intended to do harm, including, viruses, worms, time bombs, and Trojan horses ("Malicious Code").

As between Mozverse and Subscriber, Subscriber is responsible for Subscriber Data and the provision of Subscriber Data to the Services according to the Agreement.

Subscriber will be responsible for the performance of its personnel (including employees and contractors) in compliance with the Agreement. Subscriber enters into the Agreement on behalf of its Affiliates that make use of the Services.

Subscriber may choose to use services not provided by Mozverse ("Non-Mozverse Services") with the Services and in doing so grants Mozverse permission to interoperate with the Non-Mozverse Services as directed by Subscriber or the Non-Mozverse Services. Unless specified in a Service Order: (a) Mozverse does not warrant or support Non-Mozverse Services, (b) as between Mozverse and Subscriber, Subscriber assumes all responsibility for the Non-Mozverse Services and any disclosure, modification or deletion of Subscriber Data by the Non-Mozverse Services and (c) Mozverse shall have no liability for, and Subscriber is not relieved of any obligations under the Agreement or entitled to any refund, credit, or other compensation due to any unavailability of the Non-Mozverse Services or any change in the ability of Mozverse to interoperate with the Non-Mozverse Services.

As an intermediary, Mozverse may receive notices from third parties ("Reporters") regarding Subscriber Data or Subscriber’s use of the Services ("Reports"). Mozverse will forward all Reports directly to an email address provided by Subscriber designated to receive Reports (the "Abuse Contact"). Upon receipt of a Report, Subscriber will (i) acknowledge receipt of such report to Mozverse within two (2) business days of receipt and (ii) address the Report promptly with the Reporter, including informing the Reporter that Subscriber (and not Mozverse) is the appropriate party to address the matter. Mozverse may provide the Abuse Contact to a Reporter inquiring about Subscriber Data or Subscriber’s use of the Services.

Subscriber (a) shall use the Services in accordance with the applicable Documentation; (b) shall be responsible for using commercially reasonable efforts to prevent unauthorized access to or use of the Services; (c) shall promptly notify Mozverse of any unauthorized access or use of the Services; (d) shall respond to Reports in accordance with Section 4.4 (Third Party Reports) and take reasonably appropriate action to resolve the reported matter; (e) shall not use the Services to store, transmit or display Subscriber Data for fraudulent purposes or in violation of applicable laws and governmental regulations; (f) shall not make the Services available to, or use the Services for the benefit of, anyone other than Subscriber’s own personnel or end users; (g) shall not use the Services to store, transmit or display Malicious Code; (h) shall not interfere with or disrupt the integrity or performance of the Services or any third-party technology contained therein; (i) shall not attempt to gain unauthorized access to any of Mozverse’s datacenters, systems or networks; (j) shall not permit direct or indirect access to or use the Services in a way that circumvents a usage or capacity limit of the Services or use the Services to access or use any of Mozverse’s intellectual property except as permitted under the Agreement; (k) shall not sell, resell, license, sublicense, distribute, redistribute, rent, or lease the Services except as integrated with its own offerings that provide additional functionality to its end users; (l) subject to Section 9.2 (Mozverse Software), shall not copy, modify or create a derivative work of the Services or any part, feature, function, or user interface thereof; (m) shall not access the Services or use the Documentation to develop a competitive product or service; (n) subject to Section 9.2 (Mozverse Software), except as permitted by applicable laws or governmental regulations, shall not reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any or all of the source code of the Services; (o) shall not alter, remove or obscure any copyright, trademark or other proprietary notices or confidentiality legend on the Services; (p) shall obtain and maintain appropriate equipment and ancillary services needed to connect to, access or otherwise use the Services, including modems, hardware, servers, software, operating systems and internet access; (q) obtain and maintain any required consents necessary to permit the processing of Subscriber Data by Mozverse under the Agreement; and (r) obtain and maintain any consents necessary to permit the processing by Mozverse of the personal information of Subscriber’s personnel that serve as Subscriber’s designated contact for purposes of the Services and the Agreement. (s) shall not multiplex usage across different accounts on the services.

If Mozverse becomes aware that Subscriber may violate Subscriber’s obligations under this Section 4 (Subscriber’s Obligations), Mozverse will notify the Abuse Contact by email (the "Service Notice") and request Subscriber to take reasonably appropriate action, including ceasing problematic usage, changing a configuration, updating account credentials or removing applicable Subscriber Data. If Subscriber fails to comply with a Service Notice within the time period set forth in the Service Notice, Mozverse may block Subscriber’s access to the Services until the requested action is taken. If Subscriber fails to take the required action within ten (10) days or fails to comply with Subscriber’s obligations under this Section 4 (Subscriber’s Obligations) on two or more occasions during any rolling twelve (12) month period, Mozverse may terminate the Agreement immediately for cause. Mozverse also responds to notices of alleged copyright infringement and may block access to the applicable Service or terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. All limitations of access, suspensions, and terminations for cause shall be made in Mozverse’s sole discretion and Mozverse shall not be liable to Subscriber or any third party for any termination of Subscriber’s account or access to the Services.

These Terms are effective during the term of any Service Order that incorporates the Agreement. The term of a Service Order shall be specified in the Service Order. Service Orders shall renew for successive terms, unless either party gives the other at least ninety (90) days’ notice of change of pricing terms or nonrenewal at the end of the applicable term.

In addition to Mozverse’s right to terminate the entire Agreement under Section 4.6 (Service Notices), Subscriber or Mozverse may terminate the entire Agreement for cause (a) upon 30 days’ written notice to the other of a material breach if the breach remains uncured at the expiration of the notice period or (b) if the other party (i) becomes the subject of a proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors to the extent permitted by applicable laws or governmental regulations, (ii) goes out of business or (iii) ceases its operations.

Mozverse may terminate this Agreement without cause by providing at least thirty (30) days prior written notice to Subscriber.

Any term or condition that by its nature is clearly intended to survive the expiration or termination of the Agreement, shall survive any expiration or termination of the Agreement, including Sections 4.5(j), (k), (n), (o) and (p) (Subscriber’s Obligations), Section 7.1 (Fees), Section 7.5 (Refund or Payment upon Termination), Section 8 (Confidentiality), Section 9 (Licenses and Proprietary Rights), Section 13 (Limitation of Liability), Section 14 (Exclusion of Consequential and Related Damages) and Section 16 (Indemnification).

Subscriber will pay all fees specified in Service Orders and provide accurate and updated billing contact information. Except as set forth in a Service Order, all fees payable under the Agreement shall be made in U.S. Dollars. Minimum commitments in Service Orders are (a) based on Services purchased and not actual usage; (b) non-cancelable; and (c) cannot be decreased during the specified term. Fees paid for minimum commitments are not refundable. Subscriber’s payments of fees are neither: (1) contingent on the delivery of any future functionality or features nor (2) dependent on statements not set forth in the Agreement or any Service Order.

If the Service Order specifies that payment will occur by a method other than a credit card, Subscriber will provide a purchase order number in the applicable amount (or reasonable alternative proof of Subscriber’s ability to pay the fees specified in a Service Order), and promptly notify Mozverse of any changes necessary for payment of an invoice. Mozverse will invoice Subscriber either yearly or according to the billing frequency stated in the Service Order. Invoices to be paid by credit card are due on the invoice date, all other invoices are due net 10 days from the invoice date. If any invoiced amount is not received by Mozverse by the due date, then without limiting Mozverse’s rights or remedies: (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) Mozverse may condition future subscription renewals and Service Orders on shorter payment terms. If Subscriber is paying for Services by credit card, Subscriber will provide Mozverse’s authorized payment processor with valid credit card information and promptly notify Mozverse’s authorized payment processor of any changes necessary to charge the credit card. The provision of credit card information to Mozverse’s authorized payment processor authorizes Mozverse, through its authorized payment processor, to charge the credit card for all Services specified in a Service Order, and any renewal subscription. Subscriber acknowledges that Mozverse will not have access to Subscriber’s credit card information.

If any amount owing by Subscriber is 10 or more days overdue, Mozverse may, without limiting any rights and remedies, accelerate Subscriber’s unpaid fee obligations to become immediately due and payable, and block the provision of Services to Subscriber until the overdue amounts are paid in full. Mozverse will give Subscriber at least 7 days’ prior notice that its account is overdue, in accordance with Section 19 (Manner of Giving Notice), before blocking Services to Subscriber

Mozverse will not exercise any rights to block Services, accelerate payments, impose late charges or change payment terms under Section 7.2 (Invoicing Terms) and Section 7.3 (Suspension of Service and Acceleration) with respect to an overdue amount for so long as Subscriber is disputing the overdue amount in good faith. The parties shall cooperate diligently to resolve the dispute.

If Subscriber terminates the Agreement in accordance with Section 5.2 (Termination for Cause), Mozverse will refund any prepaid fees covering the remainder of the term of all Service Orders after the effective date of termination. If the Agreement is terminated by Mozverse in accordance with Section 5.2 (Termination for Cause), Subscriber will pay any unpaid fees covering the remainder of the term of all Service Orders. In no event will termination relieve Subscriber of its obligation to pay any fees payable for the period prior to the effective date of termination. If Subscriber terminates without cause prior to the end of the then current term, Subscriber shall be immediately liable for the balance of the fees for the remainder of the term.

Fees for Services do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes assessable by any jurisdiction whatsoever (collectively, "Taxes"). Subscriber is responsible for paying all Taxes associated with its Service Orders. If Mozverse is obligated by law to pay or collect Taxes for which Subscriber is responsible, Mozverse will invoice Subscriber and Subscriber will pay that amount unless Subscriber can provide a valid tax exemption certificate authorized by the appropriate taxing authority. Subscriber will provide Mozverse any information Mozverse reasonably requests to determine whether Mozverse is obligated to collect Taxes. Mozverse is solely responsible for taxes assessable against its income, property, and employees.

"Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or, given the nature of the information and the circumstances of disclosure, should be understood to be confidential. Mozverse’s Confidential Information includes the Services; and Confidential Information of each party includes but is not limited to the terms and conditions of the Agreement and all Service Orders, including pricing, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by each party in connection with the Agreement. Confidential Information does not include information that: (a) is at the time of disclosure, or later becomes, generally known to the public through no fault of Receiving Party; (b) was known to the Receiving Party with no obligation of confidentiality prior to disclosure by Disclosing Party, as proven by records of Receiving Party; (c) is disclosed to Receiving Party by a third party who did not directly or indirectly obtain the information subject to any confidentiality obligation; or (d) is at any time independently developed by Receiving Party without use of Disclosing Party’s Confidential Information as proven by records of Receiving Party.

Except as provided in Section 8.3 (Compelled Disclosure) Receiving Party shall not disclose or otherwise make available any Confidential Information of Disclosing Party to anyone except those of its employees, directors, attorneys, agents and consultants who: (a) need to know the Confidential Information in connection with the purpose of the Agreement and (b) who have previously agreed to be bound by confidentiality obligations no less stringent than those in the Agreement. Each party shall: (1) safeguard all Confidential Information of the other party with at least the same degree of care (but no less than reasonable care) as it uses to safeguard its own confidential information; and, (2) not use any Confidential Information of the other party for any purpose outside the scope of the Agreement.

If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, then to the extent legally permitted, Receiving Party shall provide Disclosing Party with prior notice of the compelled disclosure and reasonable assistance, at Disclosing Party’s cost, if Disclosing Party wishes to contest the compelled disclosure. Any compelled disclosure shall be limited to the extent required and shall be subject to confidentiality protections to the extent practicable. If Receiving Party is compelled by law to disclose Disclosing Party’s Confidential Information as part of a civil proceeding to which Disclosing Party is a party, and Disclosing Party is not contesting the disclosure, Disclosing Party will reimburse Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.

Subscriber grants Mozverse a worldwide, nonexclusive, revocable, and limited license to store, copy, transmit, and display Subscriber Data and to interoperate with any Non-Mozverse Services as necessary for Mozverse to provide the Services in accordance with the Agreement. Subject to this limited license, Mozverse acquires no right, title, or interest from Subscriber under the Agreement in or to Subscriber Data.

Except solely with respect to open source software Mozverse makes available ("Open Source Software"), including language specific codes that enable easy communication with Mozverse Software (the "API Clients"), Mozverse grants Subscriber a limited non-exclusive, non-transferable, non-sublicensable license to use Mozverse Software solely in connection with the subscribed Services in accordance with the Agreement. Open Source Software, including API Clients, and Subscriber’s use of such Open Source Software is subject to and governed by the applicable license accompanying, linked to or embedded in such Open Source Software (each an "Open Source License") and Mozverse grants Subscriber a license to use the Open Source Software to the full extent permitted by the applicable Open Source License.

Subscriber grants to Mozverse worldwide, perpetual, irrevocable, royalty-free permission to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by Subscriber.

Mozverse shall retain all ownership rights to Deliverables. Deliverables that are custom code written by Mozverse to facilitate Subscriber’s use of the Services that include any Subscriber Confidential Information shall remain subject to the confidentiality obligations under Section 8 (Confidentiality). ALL SUCH CUSTOM CODE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. MOZVERSE DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH CUSTOM CODE.

The Services, Mozverse Software and the Documentation are the proprietary information of Mozverse. Subject to the limited rights expressly granted in the Agreement, Mozverse and Mozverse’s licensors reserve all right, title, and interest in and to the Services, Mozverse Software and the Documentation, including all related intellectual property rights. No rights are granted to Subscriber except as expressly set forth in the Agreement. No rights are granted to Mozverse except as expressly set forth in the Agreement.

All updates to the Documentation will be posted to https://docs.mozverse.com. Except as expressly set forth in a Documentation, updates to the Documentation will be effective upon posting.

Except as otherwise specified in the Agreement, all notices, permissions and approvals shall be in writing and shall be deemed to have been given upon (a) personal delivery; (b) the second business day after mailing; or (c) the day of sending by email (except that email shall not be sufficient for notices of termination or an indemnifiable claim ("Legal Notice")). Billing-related notices to Subscriber shall be addressed to the relevant billing contact designated by Subscriber. All other Services related notices to Subscriber shall be addressed to the relevant Services system administrator or other person designated by Subscriber in writing or in the Services’ user interface dashboard. Legal Notices to Mozverse should be addressed to [email protected] (e-mail) or Mozverse, Inc., 1221 Brickell Avenue, Suite 903, Miami, FL 33131.