THIS AGREEMENT GOVERNS CUSTOMER’S ACCESS TO AND USE OF Clearspeed, INC. (DBA CLEARSPEED)’S SERVICES. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING CUSTOMER’S ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT.

1. DEFINITIONS

“Call” means the instance of a Clearspeed Questionnaire that is responded to, in whole or in part, by a Participant, either by telephone or by other method made available by Clearspeed.

“Call Data” means the data collected by Clearspeed during a Call, including, without limitation, the Call Recordings.

“Call Quantity” means the number of Calls permitted under this Agreement as set forth in each Order Form.

“Call Recordings” means the analog and digital recordings made of a Participant’s vocal responses during the course of a Call.

“Clearspeed Intellectual Property” means any and all proprietary technology relating to the Services, including, without limitation, the questions and answers administered as part of the Service, the technologies used to implement the Service, the Call Data and any and all patents, copyrights, trademarks, trade secrets, and other intellectual property rights therein.

“Clearspeed Questionnaire” means a set of questions that are asked on a Call.

“Confidential Information” means all non-public information disclosed by one Party to the other Party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of

disclosure. As between the parties, Customer Data shall be Customer Confidential Information and the Service and Clearspeed Intellectual Property shall be Clearspeed’s Confidential Information.

“Customer Data” means any information about Participants that Customer provides or Clearspeed learns in the course of providing the Service.

“Customer Obligations” means the required conditions and obligations of Customer for conducting the Calls as set forth in each SOW.

“Documentation” means any documentation related to the Service made available to Customer by Clearspeed.

“Fees” means the fees, use fees and any other fees to be paid by Customer, if any, set forth in each Order Form.

“Order Form” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between Customer and Clearspeed.

“Participant” means a person designated by a Customer to participate in a Call.

“Services” means the products and services that are ordered by Customer under an Order Form or online purchasing portal, and made available online or offline by Clearspeed.

“Service Period” means the time period shown on each Order Form during which Clearspeed shall conduct Calls.

“Statement of Work” or “SOW” means the specific commitments and obligations of each Party in connection with providing the Service in the form as attached hereto.

2. SCOPE

2.1 Performance of Service. Subject to compliance with these Terms, Clearspeed will perform the Service, conduct the Calls purchased by Customer and fulfill any Clearspeed Obligations. Unless the Parties agree otherwise, the maximum number of Calls conducted shall be the Call Quantity on each Order Form. All Calls must be conducted during the Service Period shown on each Order Form. Customer acknowledges that Clearspeed’s performance depends on Customer fulfilling any and all Customer Obligations and that any delays caused by Customer failing to fulfill the Customer Obligations shall result in delays in Clearspeed’s performance. Accordingly, timing of the Services shall be an estimate only. Clearspeed grants to Customer a limited, non-exclusive, non-transferable (except as permitted herein), non-sublicensable (except as permitted herein) right during the term hereof to: (i) access and use the Services and any Clearspeed Intellectual Property on behalf of Customer’s internal, business purposes; and (ii) use and access the Documentation in support of the foregoing.

2.2 Accounts. If the type of Services requires Customer to create a user account, including a user name and password or other login credentials (“Login Credentials”), Customer shall be responsible for maintaining the confidentiality and security of the Login Credentials and all activity in each user account by itself and its agents. Customer is responsible for any access or use of the Services via the Login Credentials, including acts or omissions of each individual that Customer permits to use the Services and Clearspeed shall not have any liability if a security breach is caused by Customer’s failure to employ good security and access control practices.

2.3 Restrictions on Use. Customer will not: (i) use the Services except as permitted hereunder; (ii) decompile, disassemble or reverse engineer any software underlying the Services or any Clearspeed Intellectual Property; (iii) host, sell, resell, rent, exploit or lease the Services or use the Services for time sharing purposes; (iv) remove any copyright or proprietary notices contained in the Clearspeed Intellectual Property or Documentation; (v) enable access to the Services by any third party except as otherwise provided in these Terms or with the prior written consent of Clearspeed; (vi) use the Services to access, alter or destroy any information of other contractors or customers of Clearspeed; (vii) use the Services to introduce any virus or other malware into Clearspeed’s systems or (viii) circumvent or modify any security technologies included as part of the Services. In connection with a violation of the foregoing, Clearspeed may suspend usage of the Services, without notice, pending any investigation of misuse. However, Clearspeed shall provide Customer with notice of suspension as soon as reasonably practicable, provided that Clearspeed’s security team has determined that such notice notice shall not cause any delay or interfere with its investigation or cause any damage or harm to Clearspeed’s systems, or delivery of Services.

2.4 Third Party Software, Hardware and Services. The Services may require the use of software, hardware, equipment or ancillary services provided by third parties (“Third Party Materials”). If an Order Form or Statement of Work specifies that Clearspeed supplies the Third Party Materials then Clearspeed assumes the responsibility for their performance and for compliance with any restrictions associated with such Third Party Materials, except in connection with intentional or negligent acts or omissions of Customer or its agents. If Customer provides Third Party Materials, Customer assumes the responsibility for their performance, for ensuring that such Third Party Materials are adequate for the proper operation of the Services, and for compliance with any restrictions associated with such Third Party Materials, except in connection with intentional or negligent acts or omissions of Clearspeed or any of its agents. If Clearspeed provides hardware or equipment to Customer pursuant to an Order Form, Customer shall return all such items in the same condition as provided, except for normal wear and tear, and shall be responsible for the full replacement cost of any damaged hardware or equipment.

3. SECURITY; LEGAL COMPLIANCE

3.1 Security and Privacy. Each Party shall be responsible for compliance with all applicable security and privacy laws in connection with its activities hereunder.

3.2 Statistical Data. Customer acknowledges, permits, and hereby grants Clearspeed the right to collect and compile and use the Calls (including, without limitation, the questions, answers and results thereof) and the Customer Data for support purposes, to improve and verify the accuracy of the Services, and for documentation and training purposes; provided, however, that such use will not in any manner identify the Customer or Participants (unless written permission to identify such parties is otherwise provided). Customer will also provide Clearspeed and grant the right to use the results (in de-identified form) of subsequent investigations of a similar nature to the Service that Customer performs (itself or through a third party) on the Participants, identified by each Participant’s unique ID number, and how those results confirm or conflict with the Service, for the purpose of confirming, verifying and improving the accuracy of the Service.

3.3 Legal Compliance. Customer understands and acknowledges that the Service does not draw any conclusion about a Participant and is not predictive of future behavior. A Clearspeed Questionnaire assesses risk relating only to the specific issues raised by the Call questions, and only as of the date on which the Call is administered. The Service is simply a tool to provide Customer with guidance on these issues and is only one factor among many that may be weighed by the Customer in making any determination. It is Customer’s responsibility to interpret the results that Clearspeed provides from the Service and determine how to proceed and what weight to give them. As the particular laws will be different for each customer and for each use-case Clearspeed does not assume any liability for Customer’s compliance with such laws.

4. SUPPORT; SERVICE LEVEL COMMITMENT

Subject to payment of any applicable Fees, Clearspeed may provide any support and ancillary services associated with the Services according to the relevant Order Form. Clearspeed commits that as long as Customer fulfills all Customer Obligations it will supply the results of the Calls in accordance with the timing indicated on the relevant Order Form (“Service Level Commitment”). If Clearspeed fails to meet the Service Level Commitment for reasons within its control it will, at its sole discretion, either re-perform the Calls at no charge, or give Customer a credit for the Fees paid for those Calls. Customer agrees that this is the sole remedy for failure to meet the Service Level Commitment.

5. CONFIDENTIALITY

Neither Party will: (i) disclose the other Party’s Confidential Information to a third party or (ii) use the Confidential Information for any purpose other than as indicated in these Terms without the disclosing Party’s prior written approval. The receiving Party agrees to notify the disclosing Party promptly of any unauthorized disclosure of Confidential Information and to assist the disclosing Party in remedying any such unauthorized disclosure. Except as set forth herein, each Party will protect the other Party’s Confidential Information with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which the Party uses to protect its own information of similar character. All Confidential Information disclosed hereunder will remain the sole property of the disclosing Party and the receiving Party will have no interest in or rights with respect thereto except as expressly set forth in these Terms. Confidential Information does not include data or information which: (i) is or comes into the public domain, except through the fault of the receiving Party; (ii) is or becomes known to the receiving Party from a third party without an obligation of confidentiality; (iii) is developed by the receiving Party independently of the disclosing Party’s Confidential Information. A Party may disclose Confidential Information to the extent required: (a) to any consultant, contractor, advisor or counsel who has a bona fide need to know in connection with these Terms and has executed a protective non-disclosure agreement with the receiving Party or (b) by operation of law, or by a court or governmental agency, or if necessary in any proceeding to establish rights or obligations under these Terms; provided, the receiving Party shall, unless legally prohibited, provide the other Party with reasonable prior written notice sufficient to permit the other Party an opportunity to contest such disclosure.

6. OWNERSHIP

Clearspeed retains all right, title and interest (including all intellectual property rights and other rights) in and to the Clearspeed Intellectual Property and Call Data. Customer retains all right, title and interest (including all intellectual property rights and other rights) in and to the Customer Data. Clearspeed will have (and Customer hereby grants) the right to use any suggestions, ideas, enhancement requests, feedback and recommendations provided by Customer relating to the Service.

7. WARRANTIES; DISCLAIMER

7.1 Authority. Each Party represents and warrants that it has the full right and authority to enter into, execute and perform its obligations under these Terms. Each Party warrants that it will comply with all applicable laws and regulations in providing and using the Services.

7.2 Clearspeed Warranties. Clearspeed warrants that (i) the Services and Clearspeed Intellectual Property will not infringe any intellectual property of a third party; (ii) the Service, independent of the way that Customer elects to use or apply them, will comply with applicable laws and regulation; (iii) Clearspeed will protect Customer Data from unauthorized use or breach in violation of applicable privacy laws; (iv) the Services, when used in accordance with the Documentation and when used as authorized herein, will perform substantially in accordance with the Documentation during the Service Term of each Order Form, and will be performed in a professional and workmanlike manner, consistent with industry standards. CUSTOMER’S SOLE REMEDY FOR A BREACH OF THE WARRANTIES SET FORTH IN (i), (ii) OR (iii) SHALL BE INDEMNIFICATION BY CLEARSPEED PURSUANT TO SECTION 9 BELOW. Customer’s sole remedy for a breach of the warranty set forth in (iv) shall be, at Clearspeed’s sole discretion, for Clearspeed: (a) to re-perform any Services that do not meet the warranty; or (b) to give Customer a credit against future Services for the Services that do not perform properly.

7.3 Customer Warranties. Customer warrants that it will (i) have all rights in Customer Data needed to allow Clearspeed to perform the Service, including, without limitation, all consents from Participants; (ii) perform the Customer Obligations in a professional and workmanlike manner and (iii) will only use or apply the Service in compliance with applicable laws and regulation. CLEARSPEED’S SOLE REMEDY FOR A BREACH OF THESE WARRANTIES SHALL BE INDEMNIFICATION BY CUSTOMER PURSUANT TO SECTION 9 BELOW.

7.4 DISCLAIMER. EXCEPT AS SET FORTH ABOVE, THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE AND CLEARSPEED HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE NOT GUARANTEED TO BE ERROR-FREE OR UNINTERRUPTED. ADDITIONALLY, CUSTOMER ACKNOWLEDGES THE SERVICES ONLY PROVIDE RISK OUTCOMES BASED ON THE RISK-RELATED QUESTIONS APPROVED BY THE CUSTOMER AND ASKED DURING THE CALL, AND ARE BASED UPON THE EVALUATION OF SPECIFIC VOCAL CHARACTERISTICS VIA PROPRIETARY FORMULAS TO RESPONSES MADE AT THE SPECIFIC TIME THE CALL WAS CONDUCTED, IN CONTEXT WITH THE CIRCUMSTANCES UNDER WHICH THE CALL WAS CONDUCTED AND THEREFORE NO WARRANTY IS GIVEN THAT THE RESULTS WILL BE ACCURATE BEYOND THE LIMITS THEREOF.

8. INDEMNIFICATION

8.1 Clearspeed Indemnification Obligations. Clearspeed will indemnify and defend Customer and its officers, directors, employees, and agents (“Indemnitees”), and will pay any damages, costs, fines, expenses and reasonable attorneys’ fees finally awarded by a court or in a settlement, from any third party claim, suit or proceeding brought against them arising from or relating to a claim that: (i) the Clearspeed Intellectual Property infringes any United States patent, copyright or other intellectual property right (“Infringement Claim”); or (ii) Clearspeed breached the warranties set forth in sections 7.2(ii) or 7.2(iii) of these Terms. Should Clearspeed Intellectual Property become, or in Clearspeed’s opinion likely to become, the subject of an Infringement Claim, then Customer will permit Clearspeed, at Clearspeed’s option and expense, to: (a) procure for Customer the right to continue using the Services; (b) replace or modify the Services so that the use becomes non-infringing; or, if Clearspeed determines in its sole discretion that neither of these is feasible, (c) terminate the affected Services. Clearspeed shall not have any indemnification obligation with respect to any Infringement Claim to the extent it arises from: (A) modifications by Customer or a third party; or (B) the use, operation or combination of the Services with Third Party Materials not provided by Clearspeed, if the claim would have been avoided by using it without such Third Party Materials. Clearspeed shall not have any indemnification obligation with respect to any breach of the warranty in Section 7.2(ii) to the extent it arises from the method or circumstances in which Customer chooses to apply or use the Service or conduct the Calls.

8.2 Customer Indemnification Obligations. Customer will indemnify and defend Clearspeed and its Indemnitees and will pay any damages, costs, fines, expenses and reasonable attorneys’ fees finally awarded by a court or in a settlement, against any third party claim, suit or proceeding (including, without limitation, claims by Participants) brought against them arising from or relating to a breach by Customer of any of its warranties set forth in Section 7.3 of these Terms.

8.3 Procedures. A Party’s indemnification obligations shall be conditioned on the indemnified Party: (i) providing prompt written notice of any claim for which indemnification is sought; (ii) provides reasonable assistance (at indemnifying Party’s expense) with such claim, (iii) allowing the indemnifying Party sole discretion to direct the defense and any negotiations or settlement of such claim as long as it does not require admission of fault or liability by the indemnified Party.

9. LIMITATION OF LIABILITY

NEITHER PARTY WILL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS HEREUNDER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN CONNECTION WITH INDEMNIFICATION OBLIGATIONS CLEARSPEED AND CUSTOMER’S MAXIMUM LIABILITY HEREUNDER FOR ANY AND ALL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION WILL BE THE AMOUNTS PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT CREATING LIABILITY.

10. TERM; TERMINATION

10.1 Term; Renewals. Unless sooner terminated, these Terms will remain in effect for as long as there is an active Order Form.

10.2 Termination. Either Party may terminate these Terms for any reason, or no reason, if there is no Order Form then in effect. Either Party may terminate these Terms by written notice to the other Party if the other Party materially breaches these Terms and does not cure such breach within 30 days after written notice thereof. Upon termination, the rights and licenses granted to Customer hereunder will terminate immediately.

10.3 Survival. Any of these Terms that by their nature would be expected to survive shall survive termination hereof.

11. GENERAL

11.1 Force Majeure. Neither Party will be responsible for any failure to perform or delay in performing any of its obligations under these Terms where and to the extent that such failure or delay results directly or indirectly from an event beyond such Party’s reasonable control.

11.2 Injunctive Relief. Each Party acknowledges and agrees that a breach or threatened breach of any covenant contained in these Terms may cause irreparable injury, that money damages may be an inadequate remedy and that each Party will be entitled to seek temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain the other Party from such breach or threatened breach. Nothing in this Section will be construed as preventing a Party from pursuing any and all remedies available to it, including the recovery of money damages.

11.3 Export. The Services may be controlled by the United States and other governments for export, re-export, deemed export, and import purposes (jointly, export and import). Customer agrees to comply with all such export and import laws, regulations, directives, rules, and controls regarding the Services. including but not limited to the United States Export Administration Regulations, International Traffic in Arms Regulations, Office of Foreign Asset Control directives, sanctions, prohibitions and restrictions, and all treaties, Executive Orders, statutes, amendments and supplements thereto (laws). Customer is responsible for obtaining all export and import licenses, authorizations, permissions, and to accomplish other acts to comply with all such laws. The Services is commercial and shall be used for non-prohibited, commercial purposes by non-prohibited end-users and shall not be exported or transferred to any end-user located in a country embargoed by the United States, or to a national of such a country, without the appropriate license or authorization. Customer will not export the Services to a person or entity denied, prohibited, debarred or sanctioned (denied) by the United States Government, and Customer represents that it is not such a denied person or entity.

11.4 Government End User. For purposes of these Terms and to the extent applicable, “commercial computer software” is defined at FAR 2.101. If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation and other technical data subject to the terms of the Terms as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of the Terms as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its successors. This Section is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data.