Arkimera Robotics Terms of Use Last updated: October 2020 Welcome to Arkimera Robotics. This Arkimera Robotics Terms of Use Agreement (“Agreement”) is a legal agreement between Arkimera Robotics AB (“Arkimera Robotics”, “we”, “our” or “us”) and the entity or person (“you”, “your” or “user”) who has registered to access and use the services that we offer. Those services may include, but are not limited to, APIs, API SDKs, scripts, API keys, developer web pages and documentation (each, a “Service”). This Agreement describes under what conditions the Services are provided, how you are expected to use the Services and what your rights and obligations are when using the Services in your own products or services. By accepting the Agreement or using the Services, you certify that you have read, understood and accept the terms set out herein and in the documents referred to in this Agreement. If you do not accept all of the terms contained in the Agreement, you may not use the Services. If you are agreeing to this Agreement for use of the Services by an organization, you are agreeing to this Agreement on behalf of that organization. You must have the authority to bind that organization to this Agreement, otherwise, you must not sign up for the Services. In that case, “you”, “your” and “user” will refer to that organization. Changes to this Agreement are documented by the issuance of a new version of these terms. Each new version will be provided with a new date, set out at the beginning of this document. By continuing to use the Services after a change has been executed, you confirm that you accept the change. If you do not accept a change, you are no longer entitled to use the Services and must discontinue your use of the Services in accordance with the section ”Termination” below. This Agreement constitutes the entire agreement on all matters concerning your right to use the Services and the API-content. Changes in or amendments to this Agreement other than new versions in accordance with the section above shall, in order to be valid, be carried out by way of written confirmation from us. This Agreement shall be governed by and construed in accordance with the laws of Sweden. Any disputes which arise in relation to this Agreement shall be settled in Swedish courts. If you do not understand any of the terms of this Agreement, please contact us before using the Services. Contact information for Arkimera Robotics AB Business ID: 556970-3738 Address: Tjuvbackevägen 5, 392 39 Kalmar, Sweden For more contact details, visit https://arkimera.se/ Overview of this Agreement This Agreement provides a general description of the Services we may provide to you, including those allowing you to offer self-learning automation to users of your applications or services (“End Users”). We provide you with a more detailed description of the Services through published software libraries and application programming interfaces (“APIs”) that may be used to access the Services and additional resources we make available to you on our developer web pages https://developer.azora.one. Before using the Services, you must register a developer Account (“Account”). Section 1 describes the process of registering for and using your Account. Section 2 describes the Services and the liabilities connected to their use. Section 3 describes the responsibilities to your End User including proper handling, management and use of data during your use of the Services. Finally, Section 4 describes the process of terminating your Account. 1. Your Account 1.1 Registering for and using your Account (a) Registration: To register for an Account, you or the person or people submitting the application (your “Representative”) agree to provide accurate and complete profile information as prompted by the relevant registration form. (b) Processing of personal data: By registering your personal data, you accept that we may process your personal data for the purpose of administrating, supervising and enabling your use of the Services. Personal data is processed in accordance with current laws and our privacy policy (“Privacy Policy”) for processing of personal data. Our Privacy Policy is available at https://azoraone.arkimera.se/privacypolicy/. (c) Business Representative: You and your Representative individually affirm to us that your Representative is authorized to provide the information described in this Section 1.1 on your behalf and to bind you to this Agreement. We may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority. Without the express written consent of Arkimera Robotics, neither you nor your Representative may register or attempt to register for an Account on behalf of a user that we previously terminated from use of the Services. (d) Validation and underwriting: At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, validate the information you provided, verify you or your Representative’s identity, and assess the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners or principals. Your failure to provide this information may result in suspension or termination of your Account. (e) Access to your Account: You can access and manage your account at your profile in the developer web pages https://developer.azora.one/developer. (f) Your responsibility: You are solely responsible for your Account, all activities conducted in connection with your Account, and the accuracy of all information provided by or to you relating thereto, including, without limitation, contact, technical and payment information, your API keys and for protecting and safeguarding the foregoing. You will only connect to the Services through your Account and use only your designated API keys. (g) Third party claims: You undertake to indemnify us, our partners and employees against any claims from third parties pertaining to your use of the Services or the API-content in breach of this Agreement. (h) Changes to your business, keeping your Account current: You agree to keep the information in your Account current. You must promptly update any Account information if it changes, notify us of any unauthorized use of your Account and/or API keys or any related security breach or other pertinent information. We may suspend your Account or terminate this Agreement if you fail to keep this information current. (i) Transfer of rights and obligations: You are not entitled to transfer your rights and obligations under this Agreement to a third party. We reserve the right to, after notice to you, assign the Agreement to any of our group companies or to a third party which acquire our business, in part or in its entirety. (j) Your rights as a consumer: If and to the extent that any of your obligations, or any limitation of your rights in accordance with this Agreement, are not valid because of your rights as a consumer, they shall not be applicable to you. Accordingly, nothing in this Agreement is intended to exclude or limit your lawful rights as a consumer. 2. The Services 2.1 License (a) Grant of license: We hereby grant you a non-exclusive, non-assignable, non-transferable and revocable license to use the Services in accordance with this Agreement. This license, and the products and services which you develop under the license, do not constitute any limitation in our or our data sources’ right to freely use, develop, amend and to stop providing the Services, the API-content and related products and services. (b) License limitations: Unless you or your Representative have signed a Service Order for a Service, your Account has been made available to you by us for test and evaluation purposes only. You shall ensure that the Account and Services are used only for the purpose of testing and evaluation, and not for any productive, commercial or other purpose (such restriction prevailing over any other provision to the contrary in the Agreement). 2.2 Support, warranties and Service Level Agreements (a) Services and Account support: We will provide you with support to resolve general issues relating to your Account and your use of the Services. This support includes resources and documentation that we make available to you through the current versions of our support pages, API documentation, and other pages on our website (collectively, “Documentation”). The most efficient way to get answers to your questions is to review our Documentation. If you still have questions after reviewing the Documentation, please feel free to contact us by e-mail or phone or by any other means you may find convenient. (b) Warranties: You are aware and accept that we do not commit to, or provide any warranties regarding the quality, security, reliability, availability or performance of the Services or the API-content. Accordingly, notwithstanding what is set out in our API Documentation https://developer.azora.one/docs or other descriptions of the Service’s function where the Service is provided, you cannot expect that the Service is error free, free from security issues, updated, or a suitable data source for the products or services you intend to use the Service for. (c) Liabilities for direct and indirect damage: You are aware and accept that you use the Services at your own risk and that we are not liable for any direct or indirect damage which you may suffer due to your use of, respectively your inability to use, the Service or the API-content. In this Agreement, indirect damage shall be interpreted to mean for example loss of profit, loss of use of your products or services, reimbursement for the use of a replacing service, loss of data, costs for trouble shooting, loss of goodwill and damage due to viruses and other security related issues. (d) Error reporting: We strive to constantly improve the Services and welcome you to inform us of any errors or defects in your user experience by reporting the error at https://developer.azora.one/issues. (e) Ideas: You may choose to or we may invite you to submit comments or ideas about improvements to the Service, our APIs, our platform, or any other component of our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that we have no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you. (f) Service Level Agreement: Where we provide Services under a Service Order, those Services may have a related SLA (Service Level Agreement). The Service Order will confirm if the Services we provide to you have a related SLA. (g) Review of your services or third-party information: We may review your service or product (including how our Services are being accessed and used), but you acknowledge that we have no obligation to do so. We are not responsible for user posts or any other third-party information that may be provided in our Services or Documentation. 2.3 Service limitations, changes to Service, prohibited activities and security controls (a) Service limitations: We may limit the number of calls accepted by the Service if we believe that the number of calls may negatively impact the Service or any other Service. (b) Changes to Service: Our Services are constantly evolving. You should keep that in mind. It will continue to change over time as we refine, add, and maybe even remove features with the needs of our users and developers in mind. We will give you as much notice as we can if we remove features, so you can react if need be. (c) Prohibited activities: You must not, and must not attempt (and will not allow your End Users) to: (i) use the Services for any purpose, function, or feature not described in the Documentation or otherwise communicated to you by us; (ii) use any technical means to gain unauthorized access to, disturb or deactivate the Services. This includes, but is not limited to, that you undertake not to introduce viruses, worms, Trojan horses or other forms of malware in the API or on the website where the Service is provided; (iii) use, display, mirror, frame (including in meta tags or hidden text) any individual element of our Services, or the layout and design of any page or form contained on a page, without our written consent; (iv) reverse engineer, decompile, copy or disassemble the Services; (v) market, sell, sublicense, rent, lease, or otherwise distribute the Services, in whole or in part without our written consent; (vi) modify, upgrade, improve, enhance or create derivative works of any portion of the Services for any purpose (including without limitation error correction or any other type of maintenance); or (vii) remove, obscure, or alter any identification, proprietary, copyright or other notices in the Services. (d) Compliance with applicable laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services. (e) Security and API keys: We will give you secret API keys available through the Developer web pages. These API keys permit any API call to your Account. You are responsible for securing your secret keys — do not publish or share them with any unauthorized persons. Failure to secure your secret keys will increase the likelihood of fraud on your Account and potential losses to you or your End Users. We provide more details on proper use of API keys in the Documentation. (f) Security controls: We may provide or suggest security procedures and controls intended to reduce the risk to you of fraud (“Security Controls”). You agree to review the Security Controls and the Documentation that we provide to you, and to select the Security Controls that meet your business requirements. You may review some of the details of our Security Controls on our Developer web pages. If you believe that the Security Controls we provide are insufficient, then you agree to separately implement additional controls that meet your requirements. If you have any questions regarding the limitations set out in this section or if you wish to use the Services or the API-content in any other way than as set out in this section, you may contact us at support@arkimera.se. You are however not entitled to commence such use before you have received our written consent. 3. End Users and data 3.1 Responsibilities and support to End Users (a) Responsibilities to End Users: You may only use the Services for legitimate business purposes with your End Users. You know your End Users better than we do, and you are responsible for your relationship with them. We are not responsible for the products or services you publicize or sell, or that your End Users purchase using the Services. You affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your Service Users. (b) Support to End Users: You are solely responsible for providing support to your End Users regarding transactions, product or service delivery, support, returns, refunds, and any other issues related to your products, services and business activities. We are not responsible for providing support for the Services to your End Users unless we agree to do so in a separate agreement with you or one of your End Users. 3.2 Transaction Data As used in this section, “Transaction Data” means the Data transmitted using your systems or systems you control, for the purpose of retrieving data from, or providing data to, the Services, and which includes End User Data. (a) Ownership of Transaction Data: You retain all rights and ownership in Transaction Data. We do not claim any ownership rights in Transaction Data. (b) Distribution of Transaction Data to the Services: By generating data and information to the Services, you accept that you are responsible for your right to publish and distribute such information, including but not limited to a responsibility to ensure that you (i) do not violate any third party’s intellectual property rights, (ii) are entitled to distribute any Transaction Data including personal data, (iii) do not distribute information in breach of, or which allude to the breach of, applicable laws and regulations. (c) Personal data: The Transaction Data may contain personal data, and you are aware and accept that by collecting, using, aligning, compiling or otherwise processing such personal data you are acting as a data controller for the processing in accordance with current laws. (d) Processing and storage of Transaction Data: You grant Arkimera Robotics a worldwide, royalty-free, irrevocable and perpetual license to retain, store, use, and disclose the Transaction Data solely: (i) in connection with our provision of the Services, (ii) for our internal purposes, (iii) to protect the operation of the Services, (iv) to create aggregated, anonymized data, including for usage statistics, and (v) to satisfy applicable legal, accounting or regulatory requirements. Each party shall comply with its obligations under applicable Data Protection Laws in respect of any Personal Data processed under the Agreement. You warrant, represent and undertake to us that you have all necessary rights, licenses and consents to provide us with Transaction Data for these purposes. You and we acknowledge that in relation to your processing activities on our platform, you are the Transaction Data Controller and we are the Transaction Data Processor. We will process such Transaction Data in accordance with the terms of the Agreement, our Privacy Policy and our duties as a Data Processor under applicable Data Protection Laws. (e) Services related to Transaction Data: You affirm that you are solely responsible for production, fulfillment, shipping, and provision of any ancillary services related to Transaction Data you receive through your use of the Services. 4. Termination 4.1 Termination (a) Term and termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Arkimera Robotics. You are entitled to at any time, without grounds and without cost, terminate this Agreement. Such termination is carried out by opening your profile tab on our Developer web pages, selecting “Close account” and ceasing to use the Service. If you use the Service again or register for another Account, you are consenting to this Agreement. We may terminate this Agreement or close your Account at any time for any reason by providing you notice. We may suspend your Account or terminate this Agreement, if (i) if you breach any provision of this Agreement; (ii) if we cease to offer any services covered by this Agreement; (iii) if you or your application become a threat to users or the Services; (iv) any Law or Financial Services Provider requires us to do so; or (v) for any other reason with 30 days prior written notice to you. We may also suspend provision of the Services in order to address any security threat. (b) Effects of termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) stop all use, operation, promotion and distribution of all of your Services, and (ii) immediately remove all Arkimera Robotics or Services logos from your website and applications. Your continued or renewed use of the Services serves to renew your consent to the terms of this Agreement. In addition, upon termination you understand and agree that (i) all licenses granted to you by us under this Agreement will end; (ii) we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers within 60 days of termination; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.