In addition to the terms defined elsewhere, the following terms shall have the meanings set forth below: (a) “Documentation” shall mean documents, agreements, marketing materials, and any other items or information in any medium provided by HackNotice or its designees, that describes HackNotice or its Services. (b) “Authorized User” shall mean any Eligible Company or Person that timely enters into an Authorized User Agreement or HackNotice Quote by providing accurate and complete information required by HackNotice in order for HackNotice to enroll the Eligible Company or Person and perform the Services. Only those Authorized Users or the Eligible Company who have entered into an Authorized User Agreement or HackNotice Quote prior to the Enrollment Deadline specified on the HackNotice provided Quote, Purchase Order, Contract, or Stripe checkout shall be deemed Authorized Users pursuant to this Agreement and entitled to receive the Services hereunder. (c) “Authorized User Agreement” shall mean the HackNotice Quote or agreement between HackNotice and each Authorized User or Company, accepted by the Authorized User or Company upon enrollment of Services at HackNotice or on the HackNotice Internet website for which HackNotice agrees to provide the Services. (d) “Services” shall have the meaning set forth in the first paragraph of the Agreement, as such Services may be modified and/or further described or limited on HackNotice’s Internet website (as modified by HackNotice from time to time), as and to the extent permitted by applicable law.

2. Acceptance Of Terms.

This Agreement, in addition to the Terms of Use Policy which can be found at https://hacknotice.com/usepolicy, constitutes an offer by HackNotice to provide the Services under these exact terms only, and acceptance is limited to acceptance of these exact terms without modification. This agreement may be electronically accepted at HackNotice.com. Any additional or different terms in Company’s acceptance (whether via delivery to HackNotice of a purchase order or otherwise) will be construed as proposals and will not become part of the agreement between the parties unless HackNotice agrees in writing to the additional terms. Company’s execution of a HackNotice Quote, Purchase Order, Contract, or completion of a Stripe checkout shall constitute Company’s acceptance of this Agreement without modification, except as otherwise agreed in writing by HackNotice.

3. Payment.

Company’s payment of the Final Purchase Price, as applicable, shall be made in accordance with the instructions and within the time periods set forth on the HackNotice provided Quote, Purchase Order, Contract, or Stripe checkout.

4. Duties Of The Company.

Company represents and warrants to HackNotice and agrees as follows: (a) Correspondence with HackNotice. Company shall use commercially reasonable efforts to, on or before the date specified in the HackNotice provided Quote, Purchase Order, Contract, or Stripe checkout to this Agreement for the commencement of HackNotice’s performance of the Services to Authorized Users, deliver to HackNotice all technical and other related information required or requested by HackNotice for HackNotice to perform the Service. Company shall bear the costs and expenses of delivery of such correspondence. Company may communicate the availability of the Services to the Authorized Users at the Company using only the Documentation or other materials delivered to Company by HackNotice or approved by HackNotice in writing prior to such use. (b) Authorization. The person executing the HackNotice provided Quote, Purchase Order, Contract, or Stripe checkout to this Agreement is authorized and empowered to execute this Agreement on behalf of Company and, upon execution of this Agreement by Company, the Agreement will be binding on and enforceable against Company in accordance with its terms.

5. Duties Of HackNotice.

HackNotice shall provide the Services to Company and Authorized Users who remain in compliance with the obligations set forth in their respective Authorized User Agreement, and HackNotice’s policies and procedures then in effect from time to time, for the period set forth under “Number of Years of Service” in the HackNotice provided Quote, Purchase Order, Contract, or Stripe checkout following the date of enrollment by each respective Authorized User; provided, that only those Authorized Users enrolled on or before the Enrollment Deadline specified on the HackNotice provided Quote, Purchase Order, Contract, or Stripe checkout will be eligible to receive the Services under and pursuant to this Agreement.

6. Authorized User Relationship.

(a) Relationship of Authorized User. Any Authorized User enrolled for Services in connection with this Agreement shall be a sole and exclusive customer of HackNotice as to the Services.

(b) Further Solicitation of Authorized Users. Company acknowledges that, following expiration or termination of this Agreement, HackNotice may continue to provide Services directly to Authorized Users or Company pursuant to separate agreements. Except as expressly provided in this Agreement, nothing herein restricts HackNotice from contracting directly with Company or its Authorized Users, nor does it obligate Company to continue purchasing Services after expiration or termination of this Agreement.

(c) Automatic Re-enrollment; Opt-Out. Unless otherwise stated in the applicable HackNotice Quote, Purchase Order, Contract, or Stripe checkout, the Services will automatically renew for successive periods equal to the then-current Service term. Company, or an Authorized User with authority to act on Company’s behalf, may opt out of automatic re-enrollment by emailing [email protected] and stating its desire not to renew the Services. An opt-out request must be received at least thirty (30) days before the end of the then-current Service term to prevent renewal for the next Service term. HackNotice is not required to provide a separate renewal reminder or opt-out notice.

Company or an Authorized User may request cancellation of the Services by emailing [email protected]. Any cancellation will be governed by Section 12 and will not operate retroactively, entitle Company to a refund or proration, or relieve Company of payment obligations incurred before the effective date of cancellation.

7. Disclaimers.

(a) Authorized User Agreement. The terms and conditions set forth in the Authorized User Agreement are solely between the Authorized User or Company and HackNotice. In no event shall Company, or any third party, be a party to such Authorized User Agreement, and in no event shall Company or any third party be deemed a third party beneficiary thereof. (b) Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, HACKNOTICE MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. Company shall have no right or authority, express or implied, directly or indirectly, to alter, enlarge, or limit the representations and warranties or scope of services contained in the Documentation. HackNotice may, in its sole discretion, revise such representations, warranties, and scopes of service from time to time.

8. Confidential Information.

(a) Generally. In connection with this Agreement, either party may disclose to the other party non-public information that the disclosing party designates as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Confidential Information may include business plans, pricing, financial information, customer information, product plans, technology, software, data, trade secrets, know-how, processes, and other proprietary information.

Confidential Information does not include information that the receiving party can demonstrate: (i) was lawfully known to the receiving party without restriction before receipt from the disclosing party; (ii) becomes publicly available through no fault of the receiving party; (iii) is rightfully received from a third party without a duty of confidentiality; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

(b) Protection and Use. The receiving party shall use the disclosing party’s Confidential Information solely as reasonably necessary to exercise its rights and perform its obligations under this Agreement. The receiving party shall protect the Confidential Information using at least reasonable care and may disclose it only to its employees, contractors, professional advisers, and representatives who have a need to know the information and are subject to confidentiality obligations at least as protective as those contained in this Agreement.

(c) Required Disclosure. The receiving party may disclose Confidential Information to the extent required by applicable law, regulation, subpoena, or court order, provided that, where legally permitted, the receiving party gives the disclosing party prompt written notice and reasonable assistance, at the disclosing party’s expense, in seeking a protective order or other appropriate remedy.

(d) Return or Destruction. Upon written request or termination of this Agreement, the receiving party shall return or destroy the disclosing party’s Confidential Information, except that the receiving party may retain copies required by applicable law or maintained through routine backup or archival systems, subject to the confidentiality obligations of this Agreement.

9. Limitation Of Liability/Consequential Damages Waiver.

HACKNOTICE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY COMPANY TO HACKNOTICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. EXCEPT FOR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, OR LOST BUSINESS.

10. Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by a single arbitrator appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court.

11. Dispute Resolution.

Before initiating arbitration or litigation permitted under Section 10, the parties shall use commercially reasonable, good-faith efforts to resolve the dispute. Either party may provide written notice describing the dispute, after which representatives of the parties shall attempt to resolve the dispute for a period of thirty (30) days. If the dispute is not resolved within that period, either party may pursue the remedies available under Section 10. For matters expressly excluded from arbitration under Section 10, each party consents to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

12. Term And Termination.

(a) Term. This Agreement is effective as of the date HackNotice shall notify Company of its acceptance of the HackNotice provided Quote, Purchase Order, Contract, or Stripe checkout executed by Company, and shall continue until terminated in accordance with Section 12(b)(Termination) below. (b) Termination. Either party may terminate this Agreement at any time and for any reason, with or without cause and without penalty, effective thirty (30) days after giving written notice of termination to the other party. Promptly upon the termination of this Agreement, Company shall turn over to HackNotice all Documentation, and all copies thereof, in the possession, custody, or control of Company. The applicable HackNotice Quote, Purchase Order, Contract, or Stripe checkout, together with Sections 3 (Payment), 6 (Authorized User Relationship), 7 (Disclaimers), 8 (Confidential Information), 9 (Limitation of Liability; Consequential Damages Waiver), 10 (Arbitration Agreement), 11 (Dispute Resolution), and 13 (General), shall survive termination or expiration of this Agreement to the extent necessary to give effect to their terms.

13. General.

(a) Governing Law. This Agreement shall be governed by the laws of the State of Texas, without regard to its conflict of law principles. (b) Notices. All legal notices under this Agreement shall be in writing and delivered by email, nationally recognized overnight courier, or certified or registered mail. Notices shall be deemed received: (i) when sent by email, on the first business day after transmission, provided that the sender does not receive a delivery failure notification; (ii) when delivered by overnight courier; or (iii) five (5) days after deposit in the mail. Notices shall be sent to HackNotice at the address or email address identified in the applicable agreement and to Company at the address or email address identified in the applicable HackNotice Quote, Purchase Order, Contract, or Stripe checkout. Either party may update its notice information by written notice to the other party. (c) No Agency. Nothing contained herein shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between the parties. (d) Miscellaneous. Neither party shall be liable for any failure or delay in the performance of its obligations hereunder (except for payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, earthquakes, material shortages, or any other cause which is beyond the reasonable control of such party. The failure of either party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach, after demand for strict performance. Each provision of this Agreement shall be interpreted in such fashion as to be effective and valid under applicable law. If any provision of this Agreement is declared void or unenforceable or invalid, all remaining provisions shall remain in full force and effect. Company may not assign this Agreement in whole or part, by operation of law or otherwise, without the prior written consent of HackNotice. This Agreement, together with the schedules hereto, states the entire agreement between the parties regarding its subject matter and supersedes any prior oral or written proposals, agreements, or other communications between the parties regarding such subject matter. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be considered an original, and which together constitute the same instrument. Section headings in this Agreement are for convenience only and in no way define, limit, construe, or otherwise affect this Agreement. This Agreement shall not be modified except by written amendment signed by duly authorized representatives of both parties.

This document was last modified on 9/15/2026.