PLATFORM9 BETA ACCESS AGREEMENT

Effective version: September 9, 2026

This Platform9 Beta Access Agreement (this Agreement) is between Platform9 LLC, a Florida limited liability company, with an address at 3602 NW 24th Ave, Boca Raton, FL 33431 (Company), and the business or other legal entity identified as the company during account registration (Participant). This Agreement takes effect for Participant on the date its authorized representative accepts it through registration (the Effective Date). Company and Participant are each a Party and together the Parties.

By selecting the agreement checkbox and submitting registration, the person accepting confirms that they have read and agree to this Agreement, have authority to bind Participant, and accept this Agreement on Participant’s behalf. A person who does not have that authority or does not agree to this Agreement must not complete registration on Participant’s behalf.

1.- Definitions

1.1 Authorized User means an employee or contractor of Participant whom Participant authorizes to access the Beta Services solely for Participant’s internal evaluation and who is bound by written obligations at least as protective of Company as this Agreement.

1.2 Beta Services means Company’s pre-release Platform9 software application, associated documentation, features, interfaces, APIs, updates, and related services made available to Participant under this Agreement.

1.3 Beta Term means the period beginning on the Effective Date and ending on the earlier of: (a) the General Availability Date (public launch); or (b) termination of this Agreement under Section 12.

1.4 Confidential Information means nonpublic information disclosed by or on behalf of a Party that a reasonable person would understand to be confidential given the nature of the information or circumstances of disclosure. Company Confidential Information includes the Beta Services, their features, workflows, design, architecture, performance, security information, documentation, pricing, product roadmaps, and the terms of this Agreement. Participant Confidential Information includes Participant’s nonpublic Training Data.

1.5 Feedback means all suggestions, ideas, recommendations, comments, error reports, test results, interview or survey responses, and proposed improvements concerning the Beta Services that Participant or its Authorized Users provide to Company.

1.6 General Availability Date means the date on which Company first makes the generally available commercial version of the applicable Platform9 service available for purchase by the public.

1.7 Training Data means proposal samples and related materials that Participant affirmatively submits or makes available to Company under Section 6 specifically for Company’s use in training, testing, fine-tuning, evaluating, improving, or validating Company’s AI models and related algorithmic capabilities. Training Data excludes any data that Participant has not affirmatively designated or submitted for those purposes.

2.- Beta Access; Limited License

2.1 Subject to Participant’s continued compliance with this Agreement, Company grants Participant during the Beta Term a limited, non-exclusive, non-transferable, non-sublicensable, revocable right for its Authorized Users to access and use the Beta Services solely for Participant’s internal evaluation and testing purposes.

2.2 Participant is responsible for all access to and use of the Beta Services by its Authorized Users and for safeguarding account credentials. Participant will promptly notify Company of any actual or suspected unauthorized access to the Beta Services or unauthorized disclosure of credentials.

2.3 Participant will not, and will not permit any third party to: (a) copy, modify, translate, or create derivative works of the Beta Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, underlying ideas, algorithms, or nonpublic components of the Beta Services; (c) rent, lease, sell, resell, sublicense, distribute, transfer, or otherwise make the Beta Services available to a third party; (d) use automated means to scrape, harvest, extract, or benchmark the Beta Services except as expressly authorized by Company in writing; (e) use the Beta Services to develop, train, or improve a competing product or service; (f) interfere with or disrupt the integrity, performance, or security of the Beta Services; or (g) use the Beta Services in violation of applicable law or any written documentation or usage limits provided by Company.

2.4 Participant acknowledges that the Beta Services are experimental and may be modified, suspended, or discontinued at any time. Participant will independently review and validate all outputs before relying on them for proposals, pricing, project estimates, designs, customer communications, or other business decisions.

3.- Beta Status; No Service Commitments

3.1 The Beta Services are pre-release services provided solely for evaluation and feedback. They may contain defects, errors, or inconsistencies, may not operate uninterrupted, and may not become generally available.

3.2 Company does not commit to provide support, maintenance, service levels, backups, data recovery, or continued availability for the Beta Services, except as Company may choose to provide from time to time in its discretion. Company may change, limit, suspend, or discontinue any portion of the Beta Services, and will use commercially reasonable efforts to provide notice when practicable.

3.3 Participant will use the Beta Services only in a non-production environment unless Company expressly approves production use in writing. Participant will not use the Beta Services in connection with any activity in which an error, interruption, inaccurate output, or data loss could reasonably be expected to cause material financial loss, bodily injury, property damage, or legal or regulatory harm.

4.- Feedback and Testing Cooperation

4.1 In consideration of early access and the benefits stated in Section 9, Participant will reasonably and actively evaluate the Beta Services and provide Company with timely, constructive Feedback concerning user experience, performance, features, defects, usability, and recommended improvements.

4.2 Participant will report material software defects, operational errors, and performance issues promptly through team@smbtech.ai or another channel designated by Company. Participant will reasonably participate in feedback sessions, surveys, or interviews that Company requests during the Beta Term.

4.3 Participant hereby irrevocably assigns to Company all right, title, and interest in and to Feedback, including all intellectual-property rights in Feedback. To the extent any such assignment is ineffective, Participant grants Company a perpetual, irrevocable, worldwide, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify, distribute, disclose, commercialize, and otherwise exploit the Feedback for any purpose without restriction or compensation. Participant will execute documents and take further actions reasonably requested to effectuate this Section.

4.4 Participant acknowledges that the consideration for Feedback includes the one-year complimentary access described in Section 9.1(a). Except for that complimentary access and any other benefits expressly stated in Section 9, nothing in this Agreement grants Participant any right to receive a product feature, enhancement, response, correction, or additional compensation based on Feedback.

5.- Ownership and Reservation of Rights

5.1 As between the Parties, Company and its licensors retain all right, title, and interest in and to the Beta Services, Company Confidential Information, Feedback, Company’s AI models, algorithms, software, documentation, analytics, de-identified and aggregated data, and all modifications, improvements, and derivative works thereof. Except for the limited access right expressly granted in Section 2, no rights are granted to Participant by implication, estoppel, or otherwise.

5.2 As between the Parties, Participant retains all right, title, and interest in and to Participant’s Training Data, subject to the license and other rights expressly granted to Company under this Agreement. Participant grants no ownership interest in Training Data to Company.

5.3 Company may generate and use aggregated, statistical, and de-identified information derived from Participant’s use of the Beta Services and Training Data, provided that such information does not identify Participant, an Authorized User, or a third party, for Company’s internal business purposes and to develop, improve, test, support, and operate Company’s products and services.

6.- Training Data; Participant Responsibilities

6.1 Participant may, but is not required to, submit Training Data. By submitting Training Data, Participant grants Company a non-exclusive, worldwide, royalty-free, fully paid-up right and license during the Beta Term and thereafter as necessary for the purposes stated in this Section to host, copy, process, analyze, modify, transform, create derivative works from, use, and otherwise exploit the Training Data solely to train, test, fine-tune, evaluate, validate, improve, support, and operate Company’s AI models, algorithms, and Beta Services.

6.2 Participant represents and warrants that: (a) it owns or controls all rights, permissions, consents, authorizations, and legal bases necessary to provide the Training Data to Company and to grant the rights in this Agreement; (b) Company’s authorized use of the Training Data will not infringe, misappropriate, or otherwise violate any third-party right or applicable law; (c) Participant has given all notices and obtained all consents required from its customers, clients, employees, contractors, and other individuals; and (d) the Training Data does not contain Protected Data unless Company has expressly agreed in writing to receive it.

6.3 Protected Data means: (a) payment-card information; (b) protected health information, as defined by applicable health-privacy law; (c) government-issued identification numbers; (d) authentication credentials or nonpublic access keys; (e) information regulated by the Gramm-Leach-Bliley Act, the Children’s Online Privacy Protection Act, or similar laws; (f) special-category or sensitive personal data subject to heightened legal protection; and (g) any data whose disclosure to Company or use for AI training is prohibited by law, contract, professional duty, or a third-party privacy notice.

6.4 Participant will use reasonable efforts to remove or redact personal information, confidential customer information, and other sensitive information from Training Data before submission where consistent with the testing purpose. Participant will not submit Training Data that it is not legally and contractually authorized to provide.

6.5 Company may reject, remove, quarantine, or delete any Training Data that Company reasonably believes creates a security, legal, compliance, or operational risk. Company has no obligation to review Training Data before use.

7.- Confidentiality; Data Security

7.1 Each receiving Party will: (a) use the disclosing Party’s Confidential Information only to exercise its rights and perform its obligations under this Agreement; (b) protect it using at least reasonable care and no less than the care it uses for its own similar information; and (c) disclose it only to its employees, contractors, professional advisers, and service providers who have a need to know it for purposes of this Agreement and are bound by confidentiality obligations at least as protective as this Section.

7.2 Confidential Information does not include information that the receiving Party can demonstrate: (a) is or becomes publicly available through no breach of this Agreement; (b) was known to the receiving Party without a duty of confidentiality before disclosure; (c) is rightfully received from a third party without a duty of confidentiality; or (d) is independently developed without use of the disclosing Party’s Confidential Information.

7.3 A receiving Party may disclose Confidential Information to the extent required by law, regulation, subpoena, or court order, provided that, unless legally prohibited, it gives the disclosing Party prompt written notice and reasonable cooperation in seeking protective treatment.

7.4 Participant will not disclose, demonstrate, screenshot, record, publish, benchmark publicly, or distribute any Beta Services, Feedback, or Company Confidential Information to any third party without Company’s prior written consent. Participant will not issue any press release or other public statement identifying Company or use Company’s name, marks, or logos without Company’s prior written consent.

7.5 Company will maintain reasonable administrative, technical, and organizational safeguards designed to protect Training Data against unauthorized access, use, or disclosure. If Company confirms unauthorized access to Training Data within Company’s systems that requires notice under applicable law, Company will notify Participant without undue delay after confirming the incident and provide information reasonably available to Company that Participant needs to meet its legal notice obligations.

7.6 Company may use employees, affiliates, and service providers to provide the Beta Services and process Training Data, provided Company remains responsible for their compliance with confidentiality obligations materially consistent with this Agreement. Company may retain Training Data for the Beta Term and thereafter for the period reasonably necessary to complete the permitted training, testing, fine-tuning, validation, and improvement activities, subject to Company’s standard backup and archival procedures and applicable law.

8.- Warranties; Disclaimers

8.1 Each Party represents that it has the authority to enter into this Agreement.

8.2 THE BETA SERVICES, FEEDBACK-RELATED ACTIVITIES, AND ALL OUTPUTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND THAT THE BETA SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THAT ANY OUTPUT, PROPOSAL, ESTIMATE, DESIGN, RECOMMENDATION, OR OTHER RESULT GENERATED THROUGH THE BETA SERVICES WILL BE COMPLETE, ACCURATE, OR SUITABLE FOR PARTICIPANT’S OR ANY THIRD PARTY’S PURPOSE.

8.3 Participant acknowledges that it is solely responsible for: (a) evaluating the Beta Services and all outputs; (b) obtaining independent professional, technical, legal, financial, and other advice as appropriate; (c) maintaining independent copies and backups of its data; and (d) its relationships and communications with its customers and other third parties.

9.- Early-Adopter Benefits

9.1 Subject to Participant’s full and continuing compliance with this Agreement and payment of all applicable amounts when due, Company will provide Participant the following benefits if Company makes the applicable Platform9 service generally available:

(a) One-Year Complimentary Access. Participant will receive access to the Company-designated commercial subscription plan for one (1) year beginning on the General Availability Date, at no charge for the base subscription fee.

(b) Fifty Percent Discount. After the complimentary-access period, Participant will receive a fifty percent (50%) discount from Company’s then-current published list price for the corresponding Company-designated subscription plan while Participant maintains a paid, active subscription to that plan.

9.2 The benefits in Section 9.1 apply only to: (a) the legal entity identified as Participant; (b) up to 10 Authorized Users; and (c) the base subscription plan designated by Company. They do not apply to implementation services, professional services, custom development, third-party products, taxes, API or usage-based charges, overage charges, premium support, add-on features, or any other amounts not included in the designated base subscription plan; provided, however, that during the one-year complimentary-access period described in Section 9.1(a), Company will not impose any such additional charges or upcharges without Participant’s prior approval.

9.3 Company may modify or discontinue product features, plans, packaging, or pricing from time to time. If the designated plan is discontinued, Company may apply the discount to a reasonably comparable successor plan selected by Company. Participant may not transfer, assign, aggregate, combine, redeem for cash, or apply the benefits to another plan or customer.

9.4 The benefits are not earned, and Company has no obligation to provide them, if Participant materially breaches this Agreement, misuses the Beta Services, violates Section 6 or 7, or terminates this Agreement before the General Availability Date. Company may suspend or revoke the benefits upon written notice if any such event occurs.

9.5 Company is under no obligation to release the Beta Services commercially or by any date. If Company does not make the Beta Services generally available, Participant will have no claim based on the absence of benefits under this Section.

10.- Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BETA SERVICES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

10.3 THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

11.- Indemnification

11.1 Participant will defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, employees, contractors, licensors, and agents from and against all claims, demands, actions, proceedings, damages, liabilities, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Training Data; (b) Participant’s or any Authorized User’s access to or use of the Beta Services; (c) Participant’s breach of this Agreement; (d) Participant’s violation of applicable law; or (e) any allegation that Training Data or Company’s authorized use of Training Data infringes, misappropriates, or otherwise violates a third party’s rights or applicable law.

11.2 Company will provide Participant prompt written notice of any indemnified claim, provided that delay in notice relieves Participant of its indemnification obligations only to the extent Participant is materially prejudiced. Participant will control the defense and settlement of the claim with counsel reasonably acceptable to Company. Company may participate in the defense with counsel of its choice at its own expense. Participant may not settle any claim in a manner that admits fault by, imposes a payment or obligation on, or restricts Company without Company’s prior written consent.

12.- Term; Suspension; Termination

12.1 This Agreement begins on the Effective Date and continues through the Beta Term unless earlier terminated under this Section.

12.2 Company may suspend Participant’s or any Authorized User’s access to the Beta Services immediately if Company reasonably believes that: (a) Participant has breached this Agreement; (b) access presents a security, legal, compliance, or operational risk; (c) Participant’s use may harm Company, the Beta Services, or a third party; or (d) suspension is necessary to investigate suspected misconduct. Company will use commercially reasonable efforts to provide notice when practicable.

12.3 Company may terminate this Agreement or Participant’s access to the Beta Services at any time, with or without cause, upon written notice. Participant may terminate this Agreement upon written notice, but termination by Participant does not affect Company’s rights in Feedback or Training Data already provided under Sections 4 through 6.

12.4 Upon expiration or termination: (a) Participant will immediately cease all use of the Beta Services and Company Confidential Information; (b) Participant will return or destroy Company Confidential Information in its possession or control upon Company’s request, except for copies retained automatically in routine backups; (c) Company may disable access to the Beta Services without further obligation; and (d) any benefits not earned under Section 9 will automatically terminate.

12.5 Sections 1, 4.3, 5, 6, 7, 8, 9.3 through 9.5, 10, 11, 12.4, 12.5, and 13 survive expiration or termination. Company’s license under Section 6.1 survives termination solely to the extent needed for the permitted training, testing, fine-tuning, validation, improvement, support, and operation activities described in that Section, and Company may retain Training Data as permitted under Section 7.6.

13.- General

13.1 Governing Law; Venue. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The state and federal courts located in Palm Beach County, Florida will have exclusive jurisdiction over any action or proceeding arising out of or related to this Agreement, and each Party irrevocably submits to the personal jurisdiction and venue of those courts.

13.2 Injunctive Relief. Participant acknowledges that any actual or threatened breach of Sections 2, 4, 5, 6, or 7 may cause Company irreparable harm for which monetary damages are an inadequate remedy. Company may seek immediate injunctive or equitable relief, without posting bond or proving actual damages, in addition to any other remedies available at law or equity.

13.3 Notices. Notices under this Agreement must be in writing and will be deemed given when delivered personally, sent by nationally recognized overnight courier, or sent by email with confirmation of transmission. Notices to Company must be sent to 3602 NW 24th Ave, Boca Raton, FL 33431, with a copy by email to team@smbtech.ai, or by email to team@smbtech.ai. Notices to Participant must be sent to the email address provided during registration by the representative who accepted this Agreement. Either Party may designate an updated notice address or email address by notice under this Section.

13.4 Assignment. Participant may not assign, delegate, or transfer this Agreement or any right or obligation under it, whether by operation of law or otherwise, without Company’s prior written consent. Any purported assignment in violation of this Section is void. Company may assign this Agreement without Participant’s consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of its assets.

13.5 Independent Contractors. The Parties are independent contractors. This Agreement does not create a partnership, joint venture, fiduciary, franchise, agency, employment, or other relationship between the Parties.

13.6 Force Majeure. Company will not be liable for delay, failure, or interruption of the Beta Services caused by circumstances beyond its reasonable control, including natural disasters, labor disputes, utility or telecommunications failures, Internet or hosting-provider failures, cyberattacks, governmental acts, war, terrorism, civil unrest, or epidemic.

13.7 Entire Agreement; Online Terms; Order of Precedence. This Agreement is the complete agreement between the Parties concerning the Beta Services and supersedes all prior or contemporaneous proposals, understandings, and agreements on that subject. Participant acknowledges and agrees that Participant’s and its Authorized Users’ access to and use of the Beta Services are also subject to Company’s online terms and conditions, acceptable use policies, privacy notices, and other service-specific terms posted at https://platform9.ai, as the same may be updated from time to time by Company in accordance with those online terms or upon posting at such website (collectively, the Online Terms). Participant is responsible for ensuring that its Authorized Users comply with the Online Terms. If there is a direct conflict between this Agreement and the Online Terms concerning the Beta Services, Training Data, Feedback, or the early-adopter benefits, this Agreement controls solely to the extent of the conflict. All other provisions of the Online Terms remain in effect.

13.8 Amendment; Waiver; Severability. Any amendment or waiver must be in writing and signed by an authorized representative of Company. Company’s failure to enforce a provision is not a waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

13.9 Electronic Acceptance; Electronic Signatures. Participant accepts this Agreement by having its authorized representative select the agreement checkbox and submit registration. No separate handwritten signature is required for that acceptance. Company may retain electronic records identifying Participant, the accepting representative, the agreement version, and the date and time of acceptance. Electronic signatures and electronically delivered copies are effective as originals.