End User License Agreement

This End User License Agreement (“EULA” or “Agreement”) is a legally binding agreement between you (“User,” “you,” or “your”) and Surf Platforms Inc., a corporation organized under the laws of the State of Delaware with principal offices in San Jose, California (“Company,” “we,” “us,” or “our”).

BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SURF PLATFORM, SURF SOCIAL, OR ANY RELATED APPLICATIONS, WEBSITES, APIS, OR SERVICES (COLLECTIVELY, THE “PLATFORM”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, YOU MUST NOT ACCESS OR USE THE PLATFORM.

If you are accepting this EULA on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to this EULA, and references to “you” shall refer to that entity.

Subject to your compliance with this EULA, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial purposes.

This license does not include: (a) any resale or commercial use of the Platform or its contents; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of the Platform or its contents; (d) any downloading or copying of information for the benefit of another merchant; or (e) any use of data mining, robots, or similar data gathering and extraction tools.

This license is revocable at any time, at the Company’s sole discretion, with or without cause.

You may not, and you agree not to: (a) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Platform, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (b) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Platform; (c) use the Platform for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (d) make the Platform available over a network or other environment permitting access or use by multiple devices or users at the same time, except as authorized; (e) use the Platform to send automated queries to any website or to send any unsolicited commercial communications; (f) use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Platform; (g) circumvent, disable, or otherwise interfere with security-related features of the Platform.

Access to certain features of the Platform requires creation of a user account. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account.

You agree to: (a) create only one account per person; (b) provide accurate, truthful, current, and complete information; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password and by restricting access to your account and your devices; and (e) promptly notify the Company of any unauthorized use of your account or any other security breach.

You acknowledge that the Company shall not be liable for any loss or damage arising from your failure to provide accurate information or to keep your account credentials secure.

The Platform allows users to post, upload, publish, submit, or transmit content (“User Content”). You retain all rights in, and are solely responsible for, the User Content you make available through the Platform.

By making any User Content available through the Platform, you grant to the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, irrevocable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, providing, improving, and promoting the Platform and in developing new products and services.

You acknowledge and agree that the Company has no obligation to monitor User Content, but reserves the right to review, edit, modify, refuse to post, or remove any User Content, in whole or in part, at any time, for any reason or no reason, in its sole and absolute discretion, with or without notice.

You represent and warrant that your User Content: (a) does not and will not violate any third party’s rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; (b) does not contain material that is false, intentionally misleading, defamatory, obscene, harassing, or otherwise objectionable; and (c) does not violate any applicable law, rule, or regulation.

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, source code, object code, text, displays, images, video, audio, design, presentation, selection, and arrangement) are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Nothing in this EULA shall be construed as transferring any rights, title, or interests in the Platform or the Company’s intellectual property to you or any third party. All rights not expressly granted to you under this EULA are reserved by the Company.

The Surf™ name, Surf Social™ name, the Surf logo, and all related product names, service names, designs, and slogans are trademarks of Surf Platforms Inc. and may not be used without the prior express written permission of the Company.

The Platform may contain links to, integrate with, or provide access to third-party websites, services, content, or resources (“Third-Party Services”). The Company does not control and is not responsible for Third-Party Services, including their content, accuracy, availability, privacy practices, or opinions.

Your access to and use of Third-Party Services is at your own risk and subject to the terms and conditions of those third parties. The Company shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your access to, use of, or reliance on any Third-Party Services.

The inclusion of any link to or integration with a Third-Party Service does not imply endorsement or affiliation by the Company.

In addition to the restrictions set forth elsewhere in this EULA, you agree not to use the Platform to: (a) engage in any activity that is illegal, fraudulent, deceptive, or harmful; (b) stalk, harass, bully, intimidate, or threaten any person; (c) distribute viruses, malware, spyware, or any other harmful or malicious code; (d) interfere with or disrupt the integrity or performance of the Platform or its underlying systems; (e) attempt to gain unauthorized access to the Platform, user accounts, or computer systems or networks connected to the Platform; (f) use the Platform to collect, harvest, or aggregate user data without authorization; (g) use the Platform for any political campaign activity in violation of applicable law; (h) engage in any activity that could expose the Company to civil or criminal liability; (i) impersonate the Company, its employees, or agents; (j) encourage or instruct others to do any of the foregoing.

Violations of this section may result in immediate termination of your account and may subject you to civil and/or criminal penalties.

Your privacy is important to us. Our collection, use, and sharing of your information is governed by our Privacy Policy, which is incorporated into this EULA by reference.

You acknowledge that certain features of the Platform (branded “Surf Vision”) use on-device artificial intelligence processing. These features are designed to operate on your device without transmitting personal data to our servers. The Company does not guarantee the accuracy, reliability, or completeness of any on-device AI processing results.

You consent to the collection, use, and storage of your data as described in our Privacy Policy. If you do not consent, you must discontinue use of the Platform.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.

THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ON-DEVICE AI PROCESSING RESULTS, INCLUDING BUT NOT LIMITED TO CONTENT CLASSIFICATION, SEARCH RESULTS, RELATIONSHIP SCORING, AND CONTENT RECOMMENDATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. TO THE EXTENT THAT SUCH EXCLUSIONS ARE NOT PERMITTED, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURF PLATFORMS INC., ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 USD).

THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (A) YOUR USE OF OR RELIANCE ON THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON THE PLATFORM; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and legal costs) arising from: (a) your access to or use of the Platform; (b) your User Content; (c) your violation of this EULA; (d) your violation of any law, rule, or regulation; (e) your violation of any third-party rights, including without limitation any intellectual property, privacy, or publicity rights; (f) any claim that your User Content caused damage to a third party; or (g) any other party’s access to and use of the Platform with your unique credentials.

This indemnification obligation shall survive the termination or expiration of this EULA and your use of the Platform.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

You and the Company agree that any dispute, claim, or controversy arising out of or relating to this EULA or the Platform (each, a “Dispute”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitration shall be held in Santa Clara County, California, or at another mutually agreed location. The language of the arbitration shall be English. The arbitrator shall have exclusive authority to resolve any Dispute, including the arbitrability of any claim. The arbitrator’s award shall be final, binding, and non-appealable, and judgment upon the award may be entered in any court having jurisdiction thereof.

Any arbitration under this EULA will take place on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS EULA, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Before commencing arbitration, you must first send a written notice of the Dispute to the Company at legal@surfplatforms.com, describing the nature and basis of the claim and the specific relief sought. If the Dispute is not resolved within sixty (60) days after receipt of the notice, you or the Company may commence an arbitration proceeding.

YOU AND SURF PLATFORMS INC. EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

YOU AND THE COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES.

IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS SECTION IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISIONS SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

This EULA is effective upon your first access to or use of the Platform and shall remain in effect until terminated.

The Company may terminate this EULA and your access to the Platform at any time, with or without cause, with or without notice, effective immediately. You may terminate this EULA by deleting your account and ceasing all use of the Platform.

Upon termination: (a) all rights and licenses granted to you under this EULA shall immediately cease; (b) you must immediately cease all use of the Platform; (c) you must delete or destroy all copies of any Platform materials in your possession. Sections 5, 6, 10, 11, 12, 13, 14, and 16 shall survive termination.

This EULA and any Dispute shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles.

To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Santa Clara County, California, and waive any objection to such jurisdiction or venue.

You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the U.S. Department of State.

If any provision of this EULA is held to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

The failure of the Company to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by the Company.

This EULA, together with the Terms of Service, Privacy Policy, and Community Guidelines, constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous communications, understandings, and agreements, whether oral or written.

You may not assign or transfer this EULA or any rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of the Company. The Company may freely assign this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

If you have any questions about this End User License Agreement, please contact us at:

Surf Platforms Inc. — legal@surfplatforms.com — San Jose, California, United States.