AV8 MAX™ Subscription Agreement

This AV8 MAX™ Subscription Agreement (the "Agreement") is between Riddick Realty, LLC, a Florida limited liability company doing business as AV8 Realty, with its principal office at 4905 SW 61st Dr., Palm City, FL 34990 ("Provider," "we," "us"), and the business entity identified at checkout or in an Order Form ("Customer," "you"). It governs Customer's access to and use of the Services.

AV8 MAX™ is the name of Provider's software product suite (HangarMAX™, TenantMAX™ and PlaneMAX™). It is not a separate legal entity. Provider may assign this Agreement to a separate company that is formed to hold the AV8 MAX™ products (Section 22.3).

IMPORTANT DISCLOSURES

1. Brokerage. AV8 Realty is a Florida-licensed real estate brokerage. It offers licensed real estate services only in Florida, and only under a separate signed agreement. This Agreement is not a brokerage agreement.
2. What AV8 MAX™ is. For the AV8 MAX™ product suite, AV8 Realty provides software, marketing and administrative services only. That means publishing Customer's listings, receiving inquiries, verifying them, delivering them to Customer, and relaying public FAA data. AV8 Realty does not answer questions about any property, negotiate terms, coordinate or prepare leases, show property, screen prospects or provide valuations. AV8 Realty does not represent Customer or any inquirer, and no agency or brokerage relationship arises from the Services.
3. Aircraft movement. Customer is solely responsible for all aircraft movements and placement: every tow, parking position, hangar stack, fueling and service. The planning software suggests layouts, parking and stacking scenarios. It is not an autopilot or a command, and it cannot guarantee the accuracy of any layout, dimension, clearance, fit result or movement recommendation. Customer makes every final decision on aircraft movement and placement. HangarMAX™ layouts and fit reports are conceptual planning tools, not architectural, engineering or construction documents.
4. FAA data. Matches against the FAA registry rely on publicly available databases.
5. Advice. Customer should consult its own professionals, attorneys, or local or county authorities for legal and real estate advice.

1. Acceptance; Order of Precedence

1.1 How this Agreement is accepted. Customer accepts this Agreement by (a) checking the box and clicking "Agree & Subscribe" (or similar) during online checkout, (b) signing an Order Form that references this Agreement, or (c) using the Services, but only where no acceptance under (a) or (b) has been recorded. The earliest of these counts. The date of acceptance is the "Effective Date."

1.2 Authority. The individual who accepts this Agreement represents that they are at least 18 years old and are authorized to bind Customer. If they are not authorized, they accept personally and Customer has no rights to the Services. The Services are for business use only. They are not offered to consumers for personal, family or household purposes.

1.3 Order Forms. An Order Form is a signed ordering document, or a confirmed online checkout record, that lists the Plans, Add-ons, Locations, Subscription Term, fees and any special terms. Each Order Form is part of this Agreement. Off-list pricing, promotions not on the Pricing Page, multi-year commitments and other special terms bind Provider only if they appear in an Order Form signed by an authorized officer of Provider.

1.4 Order of precedence. If documents conflict, the following order applies, highest first: (a) Schedule F (Public Entity Terms), to the extent it applies; (b) the special terms of a signed Order Form; (c) this Agreement and its other Schedules; (d) the Documentation and the Pricing Page. Terms in a Customer purchase order, vendor-registration form or procurement portal have no effect, even if Provider accepts or acknowledges the document, unless both parties sign them expressly to amend this Agreement.

1.5 Electronic records. The parties agree to do business electronically. Click acceptance, electronic signatures and electronic notices have the same effect as handwritten ones. Provider keeps a record of each acceptance, including the version accepted, the date and time, the accepting user, the Plan purchased, and a hash of the exact terms text accepted.

2. Definitions

Capitalized terms have the meanings below or where they are defined in context.

• "Add-on" means an optional module, feature or service, priced separately, that Customer adds to a Plan. Examples include the Marketing Hub, AI stacking and collision check, the ramp operations board, fuel tracking, the transient and stays manager, and show magazine placements.
• "Affiliate" means an entity that controls, is controlled by, or is under common control with a party.
• "AI Features" means features that use machine learning, optimization or generative models to produce suggestions, layouts, parking or stacking plans, tow paths, summaries or other outputs ("Outputs").
• "Authorized User" means an employee or contractor of Customer whom Customer allows to use the Services under Customer's account.
• "Customer Data" means data and content that Customer or its Authorized Users submit to the Services, or that the Services collect on Customer's behalf. It includes layouts, unit and tenant records, leases, certificates of insurance, invoices, rate cards, operational and fuel records, and Lead Records delivered to Customer. It excludes Usage Data and Aggregated Data.
• "Aggregated Data" means data derived from Customer Data or Usage Data that is de-identified and combined with other data, so that it does not identify Customer, any Authorized User, or any tenant, lead or other individual.
• "Documentation" means Provider's then-current user guides, help pages and plan descriptions for the Services.
• "Lead" means an inquiry about Customer's listed space, submitted through the Marketplace, Customer's landing page, a Provider-assigned phone number or another Provider channel. A "Verified Lead" is a Lead that meets the verification standard in Schedule B. A "Lead Record" is the contact details and inquiry data for a Lead.
• "Location" means one airport, airpark or facility site, identified by its FAA location identifier or street address, at which Customer offers or manages space or operations. Fees are charged per Location.
• "Marketplace" means Provider's aviation property marketplace at av8realty.com and related syndication, social and partner channels.
• "Plan" means a subscription package, such as TenantMAX™ Go, TenantMAX™ 360, PlaneMAX™ Core, PlaneMAX™ Pro or HangarMAX™ Business, as described in Schedule A and the Documentation.
• "Preview Feature" means a feature labeled preview, beta, early access, pilot or similar.
• "Pricing Page" means Provider's then-current published prices at av8max.com/pricing, or the prices shown at checkout.
• "Services" means the hosted software (including HangarMAX™, as described in Section 3.8), Marketplace listing services, lead verification and delivery services, AI Features, MCP connector, mobile apps and related support that Provider provides under a Subscription.
• "Subscription" means Customer's right to use a Plan and its Add-ons for a Location during a Subscription Term.
• "Subscription Term" means the initial term stated at checkout or in the Order Form (monthly or annual) and each renewal term.
• "Usage Data" means technical and usage information about how the Services are accessed and perform, such as logs, feature usage and device data.

3. The Services

3.1 Access. Subject to this Agreement and payment of fees, Provider grants Customer a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term for its Authorized Users to access and use the Services for the subscribed Locations, for Customer's internal business purposes.

3.2 Per-Location pricing; no seat fees. Each Subscription covers one Location. Customer may add Authorized Users without per-seat charges, subject to the Acceptable Use Policy (Schedule C). Using the Services for an additional Location requires a Subscription for that Location.

3.3 Free listings are not part of the Services. A business may list space on AV8Realty.com at no charge, without a Subscription. Free listings are governed only by AV8 Realty's website terms and conditions, not by this Agreement. A free listing is not a Plan. It includes no TenantMAX™ or PlaneMAX™ features, no Provider marketing, no Lead verification or delivery, and no support.

3.4 Preview Features. Provider may offer Preview Features. They are provided as is, may be changed or withdrawn at any time, are excluded from any support or availability commitment, and should not be relied on for safety-critical or financial decisions. Provider will label Preview Features in the Services or the Documentation.

3.5 Changes to the Services. Provider continuously improves the Services and may add, change or remove features. Provider will not materially reduce the core functionality of a paid Plan during a paid Subscription Term. If it does, Customer may terminate the affected Subscription, and Provider will refund prepaid fees for the rest of the term of that Subscription.

3.6 Onboarding. Where a Plan or Order Form includes onboarding (for example, building Customer's Location layout in 3D), Provider will perform it with reasonable skill. Customer will provide accurate site information, drawings and access in a timely manner. Layouts, dimensions and capacity figures produced during onboarding are planning aids. Customer must verify them against its own measurements (see Section 10).

3.7 Demo data. Provider may pre-load sample aircraft, tenants or records to demonstrate the Services. Provider will remove demo data from Customer's live environment on request, or at the start of a paid Subscription.

3.8 HangarMAX™. HangarMAX™ is Provider's 3D hangar and airport space-planning software. It includes the layout designer, the aircraft and object library, satellite views, share links, embeds and fit reports.

• Included in every Plan. Each Plan includes the HangarMAX™ Location designer for the subscribed Locations. PlaneMAX™ Core and PlaneMAX™ Pro also include access to HangarMAX™ Business-level planning. Some HangarMAX™ features may only be available through the HangarMAX™ module within PlaneMAX™, or by logging in to HangarMAX™ separately. Which features are included, and where Customer accesses them, are as described in the Documentation and may change under Section 3.5.
• HangarMAX™ Business. Advanced modeling is sold as HangarMAX™ Business. A business can buy it as an Add-on to a Plan or as a standalone Subscription. This Agreement governs it.
• Individual accounts. HangarMAX™ Free, Pilot and Hangar Pro accounts are governed by the HangarMAX terms of service at hangarmax.com/terms, not by this Agreement. If a business moves one of those accounts to a Plan or to HangarMAX™ Business, this Agreement governs from that date.
• Gift passes. Where a Subscription includes gift passes, the HangarMAX terms of service govern the recipient's use. Customer is responsible for choosing who receives them.

3.9 Sharing and embedding. Where the Plan allows, Customer may share read-only links to its layouts and may embed 3D views on its own websites and listings. Anyone who has a link, or who visits a page with an embed, can see what Customer shares without an account. Customer is responsible for what it shares and where. Shared views may show HangarMAX™ or AV8 MAX™ branding. Provider may disable links and embeds when the Subscription ends or if they are misused. Provider is not responsible for third-party websites that display them.

4. Upgrades, Downgrades and Add-ons

4.1 Self-serve changes. Customer may change Plans and turn Add-ons on or off in its account settings or the billing portal, or by asking Provider.

4.2 Upgrades and new Add-ons. These take effect immediately. For annual Subscriptions, Provider charges a prorated amount for the rest of the current term, so that all items renew on the same date. For monthly Subscriptions, the prorated difference is charged immediately or on the next invoice.

4.3 Downgrades and removals.

• Annual Subscriptions: a downgrade, or the removal of a prepaid Add-on, takes effect at the start of the next renewal term. Customer keeps the higher level until then. No credit or refund is given for the current term.
• Monthly Subscriptions: a downgrade or removal takes effect at the end of the current monthly billing period.
• Month-to-month Add-ons. Where the Pricing Page says an Add-on can be turned on or off in any month (for example, the Marketing Hub on PlaneMAX™ Core or Pro), it is billed monthly in advance and turning it off takes effect at the end of that month, even on an annual Plan.

4.4 Effect of downgrade on data and listings. Features not included in the new Plan become unavailable when the downgrade takes effect. Customer Data entered through those features is retained for at least 90 days so Customer can export it or upgrade again. When marketing is removed, Customer's Marketplace listings are unpublished or, at Customer's option, converted to free listings under Section 3.3, and Lead delivery through Provider channels stops.

4.5 Promotion eligibility. Promotional pricing tied to a Plan or Add-on applies only while that Plan or Add-on is active.

5. Fees and Payment

5.1 Fees. Customer will pay the fees for its Plans, Add-ons and setup as stated at checkout, on the Pricing Page at the time of purchase, or in the Order Form. Unless stated otherwise, fees are in U.S. dollars and are per Location.

5.2 Billing. Subscription fees are billed in advance: annual Subscriptions for the full year at the start of each term, and monthly Subscriptions at the start of each month. Setup fees are billed when ordered, unless the Pricing Page or Order Form waives them.

5.3 Payment method; authorization. Customer will keep a valid payment method on file with Provider's payment processor (currently Stripe). By providing it, Customer authorizes Provider and its permitted assigns to charge it automatically for (a) recurring Subscription fees on each renewal, (b) prorated upgrade and Add-on charges, and (c) applicable taxes. Customers on an Order Form may instead pay by invoice, due net 30 days unless the Order Form or Schedule F says otherwise.

5.4 Promotions. Promotional pricing, such as free months, waived setup or introductory rates, applies only as described at checkout or in the Order Form, and only for the period stated. It is not a commitment to future pricing. Unless the promotion says otherwise, each renewal is charged at Provider's then-current renewal pricing for the Plan and billing cycle (see Section 5.5).

5.5 Price changes. Provider may change prices for future renewal terms by giving at least 30 days' notice before the renewal date. New prices apply from the next renewal. Prices do not change during a paid term.

5.6 Taxes. Fees exclude sales, use, value-added, communications and similar taxes. Customer pays all such taxes except taxes on Provider's net income, unless Customer provides a valid exemption certificate.

5.7 Late or failed payment. If a charge fails or an invoice is more than 15 days overdue, Provider will notify Customer. If payment is not made within 15 days after that notice, Provider may suspend the Services (Section 19). Overdue amounts accrue interest at the lesser of 1.5% per month and the highest lawful rate, except where Schedule F applies. Customer will also reimburse Provider's reasonable costs of collecting overdue amounts, including collection agency and attorneys' fees.

5.8 Billing disputes. Customer must raise a good-faith billing dispute in writing within 30 days of the charge or invoice, and must pay the undisputed portion. The parties will work in good faith to resolve it. Provider will not suspend the Services over an amount disputed in good faith while the parties are working to resolve it.

6. No Per-Lead Fees

6.1 Leads are included. Plans and Add-ons that include Provider marketing also include the verification and delivery of Leads under Schedule B, at no additional charge.

6.2 Flat fees only. Customer's fees are flat per Location: subscription fees for software and for advertising Customer's listings, plus any setup fee. Provider charges no fee per Lead, inquirer, prospect, aircraft, tour, application, lease or any other outcome. The number or type of Leads Customer receives, and whether any of them leases, never changes what Customer pays.

6.3 No commission. No fee under this Agreement is a commission.

7. Term, Renewal and Cancellation

7.1 Term. This Agreement starts on the Effective Date and continues until all Subscriptions have ended.

7.2 Automatic renewal. Each Subscription renews automatically for a term of the same length (monthly or annual) unless Customer cancels before the renewal date. Provider will show the renewal terms clearly at checkout, including the renewal date, price and how to cancel.

7.3 Renewal reminder. For annual Subscriptions, Provider will email Customer's billing contact at least 30 days before each renewal date, stating the renewal date, the amount and how to cancel.

7.4 Cancellation by Customer. Customer may cancel at any time in its account settings or by email to billing@av8max.com. Cancellation stops the next renewal. The Subscription continues until the end of the current paid term.

7.5 No refunds. Fees for annual Subscriptions are prepaid and non-refundable, and are not prorated if Customer cancels mid-term. No refunds shall be given for monthly fees, setup fees or partial periods. Free months, waived setup fees and other promotional value have no cash value and are never refunded or credited. The only exceptions are: (a) where this Agreement expressly provides a refund (Sections 3.5, 7.6, 7.8(b), 16.2 and 18.3, which apply only where Provider materially reduces, discontinues or fails to deliver the Services, or the Services infringe); (b) where Mandatory Public Law requires one (Schedule F); or (c) where required by law.

7.6 Termination for cause. Either party may terminate this Agreement or an affected Subscription by written notice if the other party materially breaches it and does not cure the breach within 30 days after receiving written notice describing it. If Customer terminates for Provider's uncured breach, Provider will refund prepaid fees for the remainder of the term.

7.7 Effect of termination. When a Subscription ends: (a) access to the paid features stops; (b) all fees accrued before termination become due; (c) Marketplace listings marketed by Provider are unpublished; and (d) Section 11.6 governs export and deletion of Customer Data. Sections 5, 6, 7.5, 7.7, 8.2, 9, 10, 11.3–11.6, 14, 15, 16.3, 17, 18, 21 and 22 survive.

7.8 Provider's right to end a Subscription.

• For cause. Provider may terminate a Subscription by written notice if Customer's payment is more than 30 days overdue, or if Customer breaches Section 13 or Schedule C.
• Discontinuing a product. Provider may discontinue a Plan, an Add-on or the Services on at least 90 days' written notice. If it does, Provider will refund prepaid fees for the period after the discontinuance.

8. Marketplace and Listings

8.1 Listing content. Customer is solely responsible for its listings and the information in them, including availability, dimensions, door sizes, rates, terms, photos, and compliance with airport minimum standards, grant assurances and leasing rules. Customer represents that it has the right to offer the listed space and to publish the listing content.

8.2 License to Listing Content. This license covers the photos, descriptions, floor plans, videos and other listing material that Customer provides, together with Customer's name and logo as they appear in that material ("Listing Content").

• Grant. Customer grants Provider a non-exclusive, royalty-free, worldwide, perpetual and irrevocable license to host, reproduce, format, edit, display, syndicate, archive and otherwise use Listing Content.
• Where it can be used. On the Marketplace, on Customer's landing page, and in Provider's websites, social media, partner channels, print materials and advertising.
• After the Subscription ends. Provider may keep using Listing Content only in archives, in marketing materials already produced, and as portfolio or example use that does not suggest the space is available. If Customer asks in writing, Provider will stop using Listing Content in new materials.
• Customer's ownership. Customer represents that it owns or has the right to grant this license for all Listing Content, including any photographer's copyright and the consent of any identifiable person shown (Fla. Stat. 540.08).
• Name and logo. Section 21 controls all use of Customer's name and logo, including after the Subscription ends.

8.3 Editorial control. Provider may format, crop or edit listing content for consistency, accuracy, legal compliance (including fair housing and advertising rules) and platform standards. Provider may decline, unpublish or remove any listing that it reasonably believes is inaccurate, unlawful, misleading or in breach of this Agreement. Provider will tell Customer if it removes a listing.

8.4 Quick Fit and dimensions. Fit indicators shown to pilots or to Customer (such as "fits," "tight" or "no fit") are automated geometric estimates. They are based on published manufacturer dimensions and on the space dimensions Customer enters. They are not a guarantee that an aircraft will fit or can be moved safely. Every Lead is delivered whether or not the aircraft appears to fit.

8.5 No guaranteed results. Provider does not guarantee any volume of traffic, inquiries, Leads, tenants, occupancy, revenue or time to lease. Traffic or audience figures that Provider publishes describe the Marketplace generally, not results for Customer.

9. No Brokerage Services

9.1 Intake only. Under this Agreement, Provider's role in any leasing activity is limited to four steps:

1. publishing Customer's listings;
2. receiving inquiries;
3. verifying them under Schedule B; and
4. delivering them to Customer, along with the public FAA data relevant to each.

At that point Provider's role ends, and everything after delivery is between Customer and the inquirer. Provider does not act as agent for, or represent, Customer or any Lead, and no brokerage relationship arises under this Agreement. Under this Agreement, Provider does not:

• negotiate rates or terms;
• provide valuations or price opinions;
• answer questions about the property, its availability, rates, terms or suitability;
• conduct tours or showings;
• screen or qualify prospects for Customer;
• prepare or present offers or leases; or
• hold, receive or disburse transaction funds or deposits.

9.2 No commission. No fee under this Agreement is a commission. No fee is charged per Lead, per prospect or per inquiry, and no fee depends on a lease, sale or other transaction closing.

9.3 Licensed services are separate. Riddick Realty, LLC d/b/a AV8 Realty is a Florida-licensed real estate brokerage (license CQ1069684). Licensed real estate services are offered only in Florida, and only under a separate written brokerage or listing agreement signed by Customer and the brokerage. This Agreement is not that agreement. For property outside Florida, Provider does not act as a broker and will refer any request for brokerage services to a broker licensed in the relevant state.

9.4 Customer's leasing decisions. Customer alone decides whether to lease to, contact or respond to any Lead. Customer is responsible for its own leasing practices, including fair housing, non-discrimination and airport sponsor obligations.

9.5 Listing advertisements. Where the real estate advertising rules that apply to Provider require it, Provider will identify Riddick Realty, LLC d/b/a AV8 Realty as the advertiser on the listings it publishes.

9.6 Locations outside Florida. For Locations outside Florida:

• Customer approves its listing content before it is published;
• Provider captures and delivers inquiries without discussing the property; and
• Provider does not market other properties or real estate services to those Leads. The only exception is general Marketplace communications sent with the Lead's separate consent (Schedule B, B6).

10. Operational Tools Are Decision Support

10.1 Planning aids, not commands. HangarMAX™ layouts and capacity simulations, PlaneMAX™ stacking and parking plans, collision and clearance checks, tow paths, ramp boards, flight-arrival data, fuel and service tracking, rate cards and all other Outputs are planning and decision-support aids. They are not instructions, are not certified for safety-of-flight or ground-movement purposes, and do not replace the judgment of qualified personnel.

10.2 Customer is solely responsible for all aircraft movements. CUSTOMER AND ITS PERSONNEL ALONE DECIDE, AND ARE SOLELY RESPONSIBLE FOR, EVERY AIRCRAFT, VEHICLE AND EQUIPMENT MOVEMENT, TOW, PARKING POSITION, HANGAR PLACEMENT AND STACK, AND ALL FUELING AND SERVICING, WHETHER OR NOT THE SERVICES SUGGESTED IT. THE SERVICES CANNOT GUARANTEE THE ACCURACY OF ANY LAYOUT, DIMENSION, CLEARANCE, FIT RESULT, STACKING PLAN, TOW PATH OR MOVEMENT RECOMMENDATION. Before acting on any Output, Customer must verify actual clearances, wingtip and tail separation, and door and obstacle dimensions. Customer remains responsible for its line-service procedures and training, for compliance with FAA regulations, airport rules and manufacturer instructions, and for its insurance.

10.3 Data limits. Outputs depend on the accuracy of the inputs, including Customer-entered dimensions, manufacturer-published dimensions, the aircraft library, third-party flight data and public FAA registry data. These may be incomplete, out of date or wrong. Provider does not warrant that any aircraft model's dimensions in the library are accurate for a particular aircraft, which may carry modifications such as winglets, antennas or STC changes.

10.4 Billing outputs. Customer is responsible for reviewing invoices, fees, fuel tickets and rate-card calculations generated through the Services before sending them to its own customers.

10.5 Allocation of risk. Provider's fees reflect this allocation of responsibility. Provider is not liable for hangar rash, ground incidents, aircraft damage, personal injury or property damage arising from the movement, parking or servicing of aircraft, vehicles or equipment, including claims based on Provider's own negligence, except to the extent caused by Provider's gross negligence or willful misconduct. The cap in Section 17 applies in all cases.

10.6 Acknowledgment in the Services. Before Customer first uses stacking, collision-check, tow-path, ramp or fit features, the Services will ask Customer's account administrator to acknowledge this Section 10. Not giving that acknowledgment does not limit this Section.

10.7 Not design or engineering documents. HangarMAX™ layouts, dimensions, fit reports, capacity figures and satellite overlays are conceptual planning tools. They are not architectural, engineering, survey or construction documents. They do not establish compliance with any of the following:

• building, fire (including NFPA 409), zoning or airport design standards;
• FAA obstruction-evaluation requirements; or
• lease terms.

Satellite imagery may be outdated or misaligned. Before Customer uses anything from the Services for design, permitting, construction, financing, leasing or sale, it must have qualified, licensed professionals verify it.

10.8 Customer insurance. Customer will:

• maintain hangarkeepers liability and general liability insurance appropriate to its operations;
• waive its insurers' rights of subrogation against Provider for losses that insurance covers; and
• name Provider as an additional insured where its policies allow.

11. Customer Data

11.1 Ownership. As between the parties, Customer owns Customer Data, except that Lead Records are held jointly under Section 11.4.

11.2 Provider's license. Customer grants Provider a non-exclusive license to host, copy, process, transmit and display Customer Data, but only as needed to provide, secure, support and improve the Services, to comply with law, and as otherwise permitted by this Agreement.

11.3 Usage Data and Aggregated Data. Provider may collect Usage Data. Provider may create Aggregated Data and use it, during and after the term, to operate, analyze, improve and develop its products and services, including to train and improve its AI Features (for example, stacking, fit and capacity models), and to publish industry benchmarks. Provider will not disclose Aggregated Data in any form that identifies Customer, its tenants, or any individual, and will not try to re-identify it.

11.4 Lead Records: shared rights. Customer and Provider each have the right to keep and use every Lead Record for their own lawful business purposes, during and after the term. Neither party owes the other any accounting or payment for that use.

• Provider's uses. Provider may use Lead Records to operate and market the Marketplace and Provider's services. Provider may contact a Lead to market other listings, facilities, products or AV8 Realty services only if the Lead has given Provider separate marketing consent (Schedule B, B6). For Locations outside Florida, Section 9.6 also applies. Provider may also use them to verify and de-duplicate Leads, to prevent fraud and spam, to resolve disputes, and to keep records.
• Leads are not exclusive to Customer. The same person may ask about, or be shown, other listings and facilities, including those of Customer's competitors.
• Each party's own compliance. When contacting a Lead, each party is responsible for its own compliance with the consents the Lead gave and with telemarketing, text-messaging, email and privacy laws.

11.5 Customer responsibilities. Customer is responsible for the accuracy and legality of Customer Data. Customer represents that it has every notice, consent and right needed to submit Customer Data, including personal information about its tenants, pilots, employees and customers, and to have Provider process it under this Agreement. Customer will not submit payment card numbers, bank account numbers, Social Security numbers, or health or biometric data, except through payment fields the Services designate for that purpose.

11.6 Export and deletion. During the Subscription Term, and for 30 days after it ends, Customer may export its Customer Data using the Services' export tools, or ask Provider for an export in a standard format such as CSV. After that period Provider will delete Customer Data from its active systems within 90 days. Copies in backups are deleted on the normal backup cycle and stay protected until then. Provider may keep Customer Data where the law requires it, including real estate brokerage records that must be kept for 5 years (Fla. Stat. 475.5015) and public records that the law requires Provider to keep or transfer, and may keep Aggregated Data and its own Lead Records copy as allowed under Sections 11.3 and 11.4.

11.7 Security. Provider maintains the administrative, technical and physical safeguards described in Schedule D, and will notify Customer of a Security Incident affecting Customer Data as Schedule D requires.

11.8 Subprocessors. Provider uses subprocessors, such as cloud hosting, payment processing, email, telephony and AI model providers, to deliver the Services. It keeps a list at av8max.com/subprocessors and remains responsible for their performance under this Agreement.

12. Third-Party Services and AI

12.1 Third-party services. The Services may connect to products and services that Provider does not provide, such as payment processors, e-signature services, accounting software, fuel provider systems, flight-tracking data, mapping and satellite imagery, and AI assistants. Customer's use of those services is governed by Customer's agreements with their providers. Provider is not responsible for third-party services, their availability, or their handling of data that Customer chooses to send to them. Provider may change or discontinue an integration if the third party changes or ends its service.

12.2 Payments collected from Customer's tenants and customers. Where the Services let Customer invoice and collect payments from its own tenants or customers, the payments are processed through Customer's own merchant or payment-processor account, under Customer's agreement with that processor. Provider is not the merchant of record. It does not receive, hold or disburse those funds, and it is not responsible for chargebacks, refunds or processor fees on them.

12.3 AI Features. Outputs are generated automatically and may be inaccurate, incomplete or unsuitable. Customer is responsible for reviewing Outputs before relying on them (see Section 10). Provider will not permit its third-party AI model providers to use Customer Data to train their general-purpose models.

12.4 MCP connector. If Customer connects an AI assistant to the Services through Provider's Model Context Protocol (MCP) connector or API, Customer authorizes Provider to send Customer Data to that assistant at the request of Customer's Authorized Users. The assistant's provider and Customer's agreement with it then govern that data. Customer controls who may connect assistants and must keep access credentials secure. Provider is not responsible for an assistant's outputs or actions, or for the assistant provider's handling of data.

13. Acceptable Use

13.1 Restrictions. Customer will not, and will not allow anyone to:

• copy, modify or create derivative works of the Services;
• reverse engineer, decompile or try to derive their source code, algorithms or models, except as the law expressly allows despite this restriction;
• resell, sublicense, time-share or provide the Services to third parties, other than giving its tenants and customers access to the tenant portal;
• access the Services to build a competing product, or scrape the Marketplace or the aircraft library;
• bypass usage limits, security controls or Location limits;
• use the Services in breach of law or of the Acceptable Use Policy in Schedule C.

13.2 Accounts. Customer is responsible for its Authorized Users' compliance with this Agreement, and for all activity under its accounts. It must keep credentials confidential and notify Provider promptly of any unauthorized use.

13.3 Monitoring. Provider may monitor use of the Services to verify compliance with this Agreement, and to operate, secure and improve the Services.

14. Intellectual Property

14.1 Provider IP. Provider and its licensors own all rights in the Services, the Documentation, the aircraft and object library, models, algorithms, software, templates, the Marketplace and Aggregated Data, including all improvements, whoever suggested them. HangarMAX™, TenantMAX™, PlaneMAX™, AV8 MAX™ and AV8 Realty® are Provider's marks. No rights are granted except as expressly stated.

14.2 Outputs. As between the parties, and subject to Provider's rights in the underlying Services and library, Customer may use, copy and share Outputs for its own business purposes, including presenting layouts to its board, lenders, airport sponsor and tenants.

14.3 Feedback. If Customer gives suggestions or feedback, Provider may use them without restriction or obligation. Customer has no obligation to give feedback.

15. Confidentiality

15.1 Definition. "Confidential Information" means non-public information that one party (the discloser) discloses to the other (the recipient) and that is marked confidential, or that a reasonable person would understand to be confidential. It includes Customer Data, non-public pricing and Order Form terms, and Provider's non-public product information, roadmaps and technical methods. It does not include information that: (a) is or becomes public through no fault of the recipient; (b) the recipient already knew without a duty of confidentiality; (c) the recipient lawfully receives from a third party without such a duty; or (d) the recipient develops independently.

15.2 Obligations. The recipient will use Confidential Information only to perform under this Agreement. It will disclose it only to its employees, contractors, advisers and Affiliates who need to know it and are bound by duties of confidentiality at least as protective as this Section. It will protect it with at least reasonable care.

15.3 Compelled disclosure. The recipient may disclose Confidential Information where required by law, subpoena or a public records law. Where lawful, it will give the discloser prompt notice and reasonable help to seek protection. Schedule F governs public records requests made to a Public Entity Customer.

15.4 Duration. These obligations last during the term and for 3 years after it ends. For trade secrets and Customer Data, they last for as long as the information remains a trade secret or is held by the recipient.

16. Warranties and Disclaimers

16.1 Mutual. Each party represents that it is validly organized, and that it has the authority to enter into and perform this Agreement.

16.2 Provider performance warranty. Provider warrants that, during a paid Subscription Term, the paid Services will perform materially as described in the Documentation. If they do not, Customer must notify Provider within 30 days of discovering the problem. Provider will then use commercially reasonable efforts to correct it. If Provider cannot do so within 30 days after the notice, Customer may terminate the affected Subscription and receive a pro-rata refund of prepaid fees for the rest of the term. This is Customer's sole remedy for breach of this warranty. The warranty does not apply to Preview Features, third-party services, or problems caused by Customer Data, misuse or unsupported configurations.

16.3 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES, OUTPUTS, MARKETPLACE AND LEADS ARE PROVIDED "AS IS" AND "AS AVAILABLE." PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY OUTPUT, DIMENSION, FIT RESULT, STACKING PLAN OR CLEARANCE CHECK IS ACCURATE OR SAFE TO RELY ON; THAT ANY LEAD WILL LEASE OR TRANSACT; OR THAT THIRD-PARTY OR FAA DATA IS ACCURATE.

17. Limitation of Liability

17.1 No indirect damages. NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, RENT, OCCUPANCY, GOODWILL OR DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THEIR POSSIBILITY.

17.2 Cap. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES ACTUALLY PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. THE CAP APPLIES TO ALL CLAIMS TOGETHER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

17.3 Exceptions. Sections 17.1 and 17.2 do not limit: (a) Customer's obligation to pay fees; (b) Customer's liability for breach of Section 13; (c) a party's liability for fraud, gross negligence or willful misconduct; or (d) Customer's indemnification obligations under Section 18.2. Provider's total liability under Section 18.1 is limited to two times the cap in Section 17.2. Liability that cannot be limited by law is not limited.

17.4 Basis of the bargain. The parties agree that these limitations are an essential part of the bargain, reflected in the fees, and apply even if a limited remedy fails of its essential purpose.

18. Indemnities

18.1 By Provider. Provider will defend Customer against any third-party claim alleging that the Services, as provided by Provider and used under this Agreement, infringe a U.S. patent, copyright or trademark, or misappropriate a trade secret. Provider will pay the damages and costs finally awarded, or agreed in a settlement Provider approves. This does not apply to claims arising from Customer Data, third-party services, Customer's modifications, or combinations with items Provider did not provide.

18.2 By Customer. Customer will defend Provider and its Affiliates, officers and personnel against any third-party claim arising from: (a) Customer Data or listing content; (b) the movement, towing, parking, hangaring, fueling or servicing of aircraft, vehicles or equipment at Customer's Locations, including any ground incident or hangar rash; (c) Customer's leasing, pricing and tenant-selection decisions and practices, including fair housing and airport-sponsor obligations; (d) Customer's dealings with its tenants, customers or Leads; or (e) Customer's breach of Section 13. This includes claims alleged to arise in part from Provider's negligence, but not claims arising from Provider's gross negligence or willful misconduct. Customer will pay the damages and costs finally awarded, or agreed in a settlement Customer approves.

18.3 Infringement remedies. If the Services are, or Provider reasonably believes they are likely to be, subject to an infringement claim, Provider may at its option: (a) obtain the right for Customer to continue using them; (b) modify them so they no longer infringe without material loss of function; or (c) terminate the affected Subscription and refund prepaid fees for the rest of the term. Sections 18.1 and 18.3 state Provider's entire liability for infringement.

18.4 Procedure. The indemnified party must: give prompt written notice of the claim (a delay excuses the indemnifying party only to the extent it causes prejudice); give the indemnifying party sole control of the defense and settlement; and provide reasonable cooperation, at the indemnifying party's expense. No settlement may impose an obligation on, or admit fault by, the indemnified party without its consent, which it may not unreasonably withhold.

19. Suspension

19.1 When. Provider may suspend all or part of Customer's access to the Services: (a) under Section 5.7 for non-payment; (b) if Customer's use poses a security risk to the Services or others, or could subject Provider to liability; (c) for a material breach of Section 13 or Schedule C; or (d) if required by law or by a third-party service the Services depend on.

19.2 How. Provider will limit any suspension to what is reasonably necessary, give advance notice where practical, and restore access promptly once the cause is resolved. Fees continue to accrue during a suspension under 19.1(a) or 19.1(c). Customer Data is not deleted because of a suspension.

20. Changes to this Agreement

20.1 Updates. Provider may update this Agreement. It will post the new version with its effective date at av8max.com/terms. For a material change, Provider will email Customer's account owner at least 30 days in advance.

20.2 When updates apply. For a paid Subscription, an update takes effect at the start of the next renewal term. Exceptions: (a) changes required by law, or that address security or fraud, take effect as stated in the notice; and (b) terms for new features take effect when Customer first uses them. If a change required by law materially and adversely affects Customer during a paid term, Customer may, by notice within 30 days, cancel the affected Subscription so that it does not renew. No refund is given. Special terms in a signed Order Form are not changed by an update unless both parties sign the change.

21. Publicity

21.1 Customer listing. Provider may identify Customer by name and logo as a customer of the Services, on its websites, in presentations and in customer lists. Customer may opt out at any time by emailing marketing@av8max.com. Provider will remove the name and logo from its websites and future materials within 30 days.

21.2 Other publicity. Case studies, testimonials, quotes, results figures and press releases that name Customer require Customer's prior written approval each time. They are typically arranged under a founding-customer or reference Order Form.

22. General

22.1 Governing law; venue. Florida law governs this Agreement, excluding its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply. The parties submit to the exclusive jurisdiction of the state courts located in Martin County, Florida, and the federal courts of the Southern District of Florida. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

22.2 Jury and class-action waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.

22.3 Assignment. Neither party may assign this Agreement without the other's written consent, which may not be unreasonably withheld. However, Provider may assign this Agreement, or any Order Form, without consent to an Affiliate; to any other entity, whether or not an Affiliate, that is formed or designated to hold or operate the AV8 MAX™ products; or to a successor in a merger, acquisition, reorganization or sale of all or substantially all of the relevant assets. Provider will give Customer notice of any such assignment, and the assignee must assume Provider's obligations in writing. Provider may also assign this Agreement in part, and may subcontract to a licensed Affiliate any Services that require a real estate license. After it, invoices may come from the assignee. Any other attempted assignment is void.

22.4 Notices. Provider may send notices to the email address of Customer's account owner or billing contact, or through the Services. Customer must send legal notices to legal@av8max.com, with a copy to Riddick Realty, LLC, 4905 SW 61st Dr., Palm City, FL 34990. Notices are effective when sent by email (unless a bounce-back is received) or when delivered by hand or courier.

22.5 Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including hurricanes and other severe weather, natural disasters, acts of government, war, terrorism, labor disputes, pandemics, utility or internet failures, or failures of third-party hosting providers. This does not apply to payment obligations.

22.6 Relationship. The parties are independent contractors. This Agreement creates no agency, partnership, joint venture, employment, fiduciary or brokerage relationship between them.

22.7 Entire agreement. This Agreement, including its Schedules and Order Forms, is the parties' entire agreement on its subject and supersedes all prior proposals, presentations and understandings. Marketing materials, decks, brochures, websites, calculators and statements by sales personnel are not part of this Agreement and create no warranties or commitments, except to the extent expressly included in a signed Order Form.

22.8 Severability; waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect. A failure to enforce a provision is not a waiver.

22.9 Export and sanctions. Each party will comply with U.S. export control and sanctions laws. Customer represents that it is not located in, or owned or controlled by a person in, a comprehensively sanctioned country or region, and is not on a U.S. restricted-party list.

22.10 No third-party beneficiaries. No one other than the parties, and permitted successors and assigns, has rights under this Agreement.

22.11 Interpretation. Headings are for convenience only. "Including" means "including without limitation." "Days" means calendar days. This Agreement will not be construed against either party as its drafter.

22.12 Attorneys' fees. In any action to enforce this Agreement, the prevailing party may recover its reasonable attorneys' fees and costs.

Schedule A — Plans, Add-ons and Pricing

The list prices below are current as of version 1.0. Later price changes are made on the Pricing Page under Section 5.5. A signed Order Form controls special terms. All prices are per Location, with no seat fees. Detailed feature lists are in the Documentation, which controls over this summary.

Every Plan includes the HangarMAX™ Location designer for the subscribed Locations (Section 3.8). HangarMAX™ Free, Pilot and Hangar Pro accounts are sold at hangarmax.com under the HangarMAX terms of service, not under this Agreement.

No per-lead fees. Some plans include Provider marketing: TenantMAX™ Go, TenantMAX™ 360, and PlaneMAX™ Core or Pro with the Marketing Hub. On those plans, Lead verification and delivery are included in the price. No fee is charged per Lead or by aircraft type (Section 6). Free listings on AV8Realty.com are separate from the Plans and are governed by AV8 Realty's website terms (Section 3.3).

NBAA-BACE 2026 offer. It applies to annual Subscriptions to TenantMAX™ and PlaneMAX™ Plans signed on or before 21 December 2026. The first year includes 3 months free, which replaces the standard 2 free months, and the setup fee is waived. The first-year price above already reflects this. From the first renewal, annual billing is 2 months free, which is 10 times the monthly price, as shown in the renewal column.

Setup. Setup is waived on annual Subscriptions under the offer. Monthly Subscriptions pay a setup fee of $499 for TenantMAX™ plans and $999 for PlaneMAX™ plans.

Add-ons billed annually get 2 months free, so the annual price is 10 times the monthly price. In the first year of an annual Subscription under the NBAA-BACE 2026 offer, Add-ons get 3 months free instead, so the first-year price is 9 times the monthly price. The offer, including on Add-ons, does not apply to HangarMAX™ Business. An Add-on that is already included in a Plan is not charged separately.

Schedule B — Lead Verification and Delivery

Lead verification and delivery are included in the Plan price. There are no per-lead fees (Section 6).

B1. Verification standard. "Verified" means checked, not screened. A Lead is Verified when Provider has confirmed all three of the following:

1. the inquirer is a real person with a working phone number and email address;
2. the aircraft tail number matches the FAA registry or, where there is no tail number, the inquirer has stated the make and model; and
3. the inquirer has consented to Provider sharing their details with Customer, and to Customer contacting them.

Provider does not assess the inquirer's intent, timing, budget, creditworthiness or suitability. It does not answer questions about the property, and it does not hold back Leads.

B2. Delivery. Provider delivers every Lead to Customer, whether or not the aircraft appears to fit. The Quick Fit result is shown to Customer for information only and is not used as a filter. Leads that are still being checked are shown as "being verified."

B3. Flagging bad Leads. Customer may flag a Lead as spam, a duplicate, unreachable, or already a tenant or CRM contact. Customer does this with the "flag bad lead" control, choosing a reason. Provider uses flags to improve verification. Because there is no per-lead charge, flags do not give rise to credits.

B4. No volume commitment. Provider does not guarantee any number, type or quality of Leads (Section 8.5).

B5. Customer's contact with Leads. When Customer calls, texts or emails a Lead, Customer is responsible for complying with the laws on telemarketing, text messaging and commercial email. These include the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act and CAN-SPAM. Customer must honour opt-out requests. The consent captured under B1(3) covers Customer contacting the Lead about the inquiry. It does not cover adding the Lead to unrelated marketing.

B6. Optional marketing consent. Provider may offer each inquirer a separate, optional consent to receive marketing calls and texts from Provider and from its affiliate that operates the AV8 MAX™ products. The box is unchecked by default. Submitting an inquiry never requires it. Provider records whether consent was given, with the date, the time and the exact wording shown. Provider honours revocations made by any reasonable means, across all of its lists, within 10 business days.

Schedule C — Acceptable Use Policy

Customer and its Authorized Users will not use the Services to:

1. publish listings that are false or misleading, that offer space Customer has no right to offer, or that breach fair housing, advertising, airport-sponsor or grant-assurance rules;
2. use discriminatory language, or select tenants in an unlawful way;
3. upload malware, or probe, scan or load-test the Services without Provider's written permission;
4. send spam or unlawful telemarketing to Leads, tenants or anyone else, or use Lead Records in breach of the law or of the consents the Lead gave;
5. infringe or misappropriate anyone's intellectual property or privacy rights;
6. impersonate any person, or misrepresent an affiliation with Provider or AV8 Realty (for example, by implying that Customer's staff are AV8 licensees);
7. use Outputs as the only basis for moving aircraft without human verification (Section 10); or
8. share login credentials between people, or create accounts by automated means.

Schedule D — Data Processing and Security

D1. Roles. For personal information in Customer Data, Customer is the business (or controller), and Provider processes it on Customer's behalf and on Customer's documented instructions, which are this Agreement and Customer's use of the Services. The exceptions are Provider's own Lead Records copy, Usage Data and Aggregated Data, which Provider handles under Sections 11.3 and 11.4.

D2. Safeguards. Provider maintains reasonable administrative, technical and physical safeguards appropriate to the nature of the data. They include:

• encryption in transit (TLS) and at rest;
• role-based access, limited to personnel who need it;
• multi-factor authentication for administrative access;
• logging;
• regular backups; and
• confidentiality obligations on personnel and contractors.

D3. Security incidents. If Provider confirms unauthorized access to, or acquisition of, Customer Data in its systems (a "Security Incident"), it will notify Customer without undue delay, and in any case within 72 hours of confirming it. Provider will give the information Customer reasonably needs to meet its own notification duties, including those under Fla. Stat. 501.171, and will take reasonable steps to contain and remediate the incident.

D4. Personnel and location. Provider's personnel and contractors who access Customer Data are bound by confidentiality obligations. Customer Data is hosted in the United States. Provider's contractors may access it remotely from North America, Portugal and Ukraine to provide and support the Services.

D5. Assistance. Provider will give reasonable help with requests from individuals exercising privacy rights, and with requests from regulators, about Customer Data. Help beyond what the Services' self-serve tools provide may be charged at reasonable rates.

Schedule E — Support

E1. Channels. Support is by email at support@av8max.com and by in-app request, during business hours: 9:00 a.m. to 5:00 p.m. Eastern Time, Monday to Friday, excluding U.S. federal holidays.

E2. Response targets. Provider aims to respond to:

• Services unavailable: within 4 business hours;
• a major feature not working: within 1 business day;
• other requests: within 2 business days.

These are targets, not guarantees, and service credits do not apply.

E3. Availability. Provider aims for the paid Services to be available 99.5% of the time in each calendar month, excluding scheduled maintenance (with notice where practical) and events under Section 22.5.

Schedule F — Public Entity Terms

The whole Agreement applies to public entities, as changed by this Schedule.

F1. Who this Schedule covers. It covers Customer if Customer is a state agency, county, municipality, airport authority, port, special district or other governmental body in any U.S. state (a "Public Entity"). "Mandatory Public Law" means a law that governs the Public Entity and that a contract cannot waive.

F2. Legal requirements for Public Entities. Provider will comply with the laws that apply to it.

A Public Entity may tell Provider in writing that a law requires a specific contract term, certification or affidavit, such as a public-records, E-Verify or nondiscrimination requirement. Provider will review it in good faith. Provider will sign or accept those it reasonably determines are required by law and that it can truthfully give.

Provider is not required to accept any other term, or any term it reasonably disagrees with. Mandatory Public Law changes this Agreement only to the minimum extent the law requires. If the parties cannot agree on terms, either may decline to proceed before the Subscription starts.

F3. Immunity and indemnity.

• Nothing in this Agreement waives Customer's sovereign immunity, or any statutory limit on its liability (in Florida, Fla. Stat. 768.28).
• Where Mandatory Public Law forbids Customer from indemnifying, Section 18.2 applies only to the extent the law allows, and Section 17.3(d) is read the same way.
• Sections 10 and 17 apply in full.

F4. Public records. Provider acknowledges that Customer is subject to public records laws.

• Only exemptions provided by law apply. Pricing in this Agreement and in Order Forms is not confidential as against a Public Entity.
• When Provider delivers information that it considers a trade secret (such as source code, algorithms, security information or non-public technical methods), it will mark it as a trade secret, citing the applicable exemption (in Florida, Fla. Stat. 119.0715).
• Customer will promptly notify Provider of any request for marked information, so that Provider can seek protection at its own cost.
• Provider will cooperate with lawful public records requests at no charge to Customer.

F5. Payment. Customer may pay by invoice instead of card. Late payments accrue the interest allowed by Customer's prompt-payment law (for Florida local governments, Fla. Stat. 218.70–218.80), which replaces the interest in Section 5.7.

F6. Appropriation. If funds are not appropriated for a later fiscal year, Customer may end the affected Subscription at the end of its last paid term. Customer must give written notice as early as practical. Fees already paid are not refunded.

F7. Renewal. Automatic renewal (Section 7.2) applies unless Mandatory Public Law forbids it. If it does, the Subscription renews only when Customer confirms the renewal in writing, by email, by purchase order or by paying the renewal invoice. Provider may keep the Services running for up to 30 days while the renewal is processed.

F8. Venue fallback. Mandatory Public Law may require suit in Customer's home county or state, or bar Customer from agreeing to Florida law. To that extent, venue is in the state courts of the county where Customer is located (and the federal district that includes it), and Customer's state law governs. Otherwise Section 22.1 applies.

F9. Procurement. Customer is solely responsible for complying with its own procurement and competitive-solicitation rules and thresholds. Provider makes no representation about whether a purchase requires a solicitation.

F10. Taxes. Customer's tax exemption applies once Customer provides a valid exemption certificate.

F11. Everything else. Publicity (Section 21), the liability cap (Section 17) and every other term apply as written, except as this Schedule says otherwise.