BENCH IQ, INC.

BETA TERMS OF SERVICE

Welcome to Bench IQ! These Bench IQ Beta Terms of Service (“Terms”) govern your test use of a preview version of the proprietary software platform and related services which are accessible via the Bench IQ website at app.benchiq.com (the “Site”). The Site, Bench IQ platform and related services are collectively referred to as the “Services”. The Services are made available to you by Bench IQ, Inc. (“Bench IQ”) hereunder, and are currently under development and designed to facilitate the review and analysis of court transcripts.

These key terms as well as others are further described below.

Bench IQ will provide the Services to you only if you accept these Terms. If you click on the “I accept” button on the sign up page or use the Services, you are indicating that you understand and accept these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “You” or “Your” will refer to such entity. If you do not accept these Terms, then Bench IQ is unwilling to permit you to use the Services.

Account. In order to use the Services, you must create an account (“Account”) and establish a username and a password or utilize a Single Sign-On (SSO) account provided by an approved third-party identity provider. In addition to your username or SSO credentials, in connection with Account set up and use of the Services, we will collect your name, email and other relevant account information, along with automatically created information inherent to the delivery of online services (such as IP/MAC addresses, browser/device information, and other unique identifiers) in order to: (i) to manage your information and accounts, (ii) provide access to our Services, (iii) detect security events, (iv) prevent fraud, (v) improve/upgrade/enhance our Services, and (vi) share with necessary third party sub-processors (such as our cloud hosting services). We will retain this information only for as long as necessary to administer the beta test.

You agree to provide accurate, current and complete information about your Account. Bench IQ reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify Bench IQ if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. You will not share your Account credentials with any other person or otherwise permit any other person or entity to access or use the Services.

Beta Services. You acknowledge that: (a) some features of the Services are designated “BETA”. The features so designated are in beta; (b) these features may not operate properly, be in final form or fully functional and may contain errors or omissions, design flaws or other problems; (c) use of these features may result in unexpected results, corruption or loss of data, information, content or communications, or other unpredictable damage or loss; and (d) Bench IQ has no obligation to release a commercial version of these features. You assume all risk arising from use of these features, including, without limitation, the risk of damage to your computer system or the corruption or loss of data, information or content.

The Services. Subject to these Terms, Bench IQ grants you the right to use the Services. Via the Services, you may choose to submit text queries (“User Input”) to the Services. By submitting User Input to the Services, you authorize Bench IQ to use such User Input and you grant to Bench IQ a non-exclusive, transferable, worldwide, royalty-free, license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Input in connection with operating, providing, marketing and promoting the Services. For clarity, when you use the Services your User Input is used to generate content displayed by the Services (“Service Output”) and for development of our statistical models, for example, to allow us to improve the quality and performance of our search result generators. You represent and warrant that you own all of your User Input or that you have all rights necessary to grant Bench IQ the rights in your User Input under these Terms and that your User Input does not infringe any third-party intellectual property rights, rights of publicity or privacy, or violate applicable law. As between you and Bench IQ, Bench IQ owns all right, title, and interest in and to the Services and all Service Output, including all intellectual property rights therein. Bench IQ provides the data associated with the Services to allow you to utilize your professional judgment in serving your clients. Bench IQ does not guarantee that your use of the Services will lead to any specific outcome nor have any guaranteed result. Bench IQ through the Bench IQ application is not providing legal advice. Neither the Services nor the Service Output constitute legal advice. Bench IQ acquires transcript and transcript-related data directly from PACER. There may be instances in which data in PACER is incomplete or incorrect. Bench IQ is not responsible for incomplete or incorrect PACER data. Some courts have implemented rules governing the use of artificial intelligence (“AI”) and generative AI. Some of the Services involve the use of AI, such as “Bench Opinions”. In connection with your use of the Services you are responsible for knowing these rules; Bench IQ is not responsible for your violation of court or ethical rules regarding the use of AI or generative AI. You are responsible for using your professional judgment when utilizing the Service Output.

Feedback. You may choose to provide Bench IQ with feedback and comments and suggestions for improvements to the Services (collectively, “Feedback”). As part of providing Bench IQ with such Feedback, we may ask you to complete any surveys or other questionnaires that Bench IQ may send to you from time to time regarding your experience in using the Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of Bench IQ and that Bench IQ may use the Feedback at its sole discretion in connection with the Services. You hereby assign to Bench IQ and agree to assign to Bench IQ all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein. At Bench IQ’s request and expense, you will execute documents and take such further acts as Bench IQ may reasonably request to assist Bench IQ to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

Confidentiality. “Confidential Information” means: (a) the Services, including any Feedback that you provide to Bench IQ; (b) any Bench IQ business or technical information that is disclosed to you in connection with your use of the Services, including, but not limited to, any information relating to Bench IQ’s plans, designs, technical features, business opportunities or know-how that is designated by Bench IQ as “confidential” or “proprietary” and if orally disclosed, is reduced to writing by Bench IQ within thirty (30) days of such disclosure; and (c) any tests, assessments or trials related to the Services, including any data, results or information from such tests, assessments or trials. Confidential Information excludes any information that: (a) is or becomes generally known to the public other than as a result of your breach of these Terms; (b) is rightfully known to you at the time of disclosure without restrictions on use or disclosure; (c) is independently developed by you, without access to or use of any Confidential Information; or (d) is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure. You will maintain all Confidential Information in strict confidence and you may disclose Confidential Information only to those of your employees who have a bona fide need to know such Confidential Information for the testing and evaluation of the Software and providing Feedback, provided that each such employee first executes or is otherwise already bound by a written agreement that contains use and nondisclosure restrictions at least as protective of the Confidential Information as those set forth in this Agreement. You will not use Confidential Information, except solely as necessary to test and evaluate the Services. You will protect Bench IQ’s Confidential Information from unauthorized use and disclosure using efforts equivalent to the efforts that you ordinarily use with respect to your own confidential information and in no event less than a reasonable standard of care.

General Prohibitions. You agree not to: (i) access, tamper with, or use non-public areas of the Services, Bench IQ’s computer systems, or the technical delivery systems of Bench IQ’s providers; (ii) attempt to probe, scan or test the vulnerability of any Bench IQ system or network or breach any security or authentication measures; (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (iv) collect or store any personally identifiable information from the Services from other users of the Services without their express permission; (v) impersonate or misrepresent your affiliation with any person or entity; (vi) violate any applicable law or regulation; (vii) download transcripts in bulk, and/or scrape transcript content from the Site (you may, however, download individual transcripts in the course of your research on the Site); or (viii) encourage or enable any other individual to do any of the foregoing. Bench IQ may remove or disable access to any content, at any time and without notice.

Term. These Terms will remain in effect until terminated. Bench IQ may terminate these Terms without advance notice, at any time and for any reason. You may terminate these Terms at any time upon written notice to Bench IQ. Upon expiration or termination: (i) your right to access and use the Services will immediately terminate; and (ii) you will promptly destroy or return any Bench IQ Confidential Information in your possession or control.

Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS IS,” BASIS. BENCH IQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH THE SERVICES. Bench IQ makes no representations or warranties regarding the suitability of the Services for your intended requirements or purposes or regarding any data, information or content that you access through the use of the Services.

Limitation of Liability. IN NO EVENT WILL BENCH IQ BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT BENCH IQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Modification. We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site and/or through email. It is important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

General. These Terms will be governed by the laws of the State of California. You may not assign these Terms without Bench IQ’s prior written consent, and any attempt by you to do so, will be void and of no effect. Bench IQ may freely assign these Terms. The failure by Bench IQ to enforce any provision of these Terms will not constitute a waiver of that or any other provision. If any provision of these Terms is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. These Terms are the complete and exclusive understanding and agreement between the parties regarding their subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written in this regard. Nothing in these Terms will be construed to create a partnership, joint venture or agency relationship between Bench IQ and you. Any notices or other communications provided by Bench IQ under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; and/or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.