Website Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE ("TOU") CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE, INCLUDING ANY CONTENT, DOWNLOADS, INFORMATION, OR SERVICES AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY, "WEBSITE"). THIS WEBSITE IS MADE AVAILABLE TO YOU BY EZRA CLIMATE, INC. BY ACCESSING THIS WEBSITE OR USING THE SERVICES AVAILABLE THROUGH THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TOU AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TOU, PLEASE DO NOT ACCESS THIS WEBSITE.

As used in these TOU, the terms "Ezra", "we", "us", and "our" refer collectively to Ezra Climate, Inc. and its subsidiaries, and the terms "you" and "your" refer to: (i) any individual visitor who accesses or uses the Website, or (ii) if you are using the Website on behalf of your company, your company. The Website is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, please do not access the Website.

Use of Website Content and Services

The information on this Website is for information purposes only. You agree to use the Website only in the manner explicitly provided for, or otherwise consistent with, these TOU.

Prohibited Uses

You acknowledge and agree that you are prohibited from using Website in the following ways:

• In any matter which violates any applicable rules, laws, or regulations (collectively, "Applicable Law") or the terms of any agreements you have with Ezra;
• Causing an unreasonable or disproportionately large processing load on our services or system;
• Engaging in any conduct that restricts or inhibits use of the Ezra Products and Services by others;
• Using the Website while impersonating any person or business, including but not limited to concealing your identity through IP spoofing or misusing passwords or accounts owned by Ezra customers;
• Infiltrating or gaining unauthorized access to the Website or associated internal networks of Ezra, including, but not limited to, accessing confidential information owned by Ezra or Ezra's customers;
• Misusing passwords or any information posted to the Website;
• Interfering with the general public's and/or Ezra's customers' ability to access the Website, including, but not limited to, transmitting any virus, worm, malware, Trojan horse, or other material that prevent or impede such access;
• Introducing or transmitting any virus, worm, malware, Trojan horse, or other material that may harm or disrupt the Website, the Ezra Products and Services, or our systems;
• Distributing or directing any person to this Website in a jurisdiction where such distribution or direction is contrary to Applicable Law, including, but not limited to, distributing or directing any person to this Website that is on the Specially Designated Nationals and Blocked Persons list ("SDN List"); or
• Attempting to log on to the Website from any country under sanctions by the Office of Foreign Assets Control ("OFAC"). Information regarding which countries are under sanctions may be obtained by searching the SDN List accessible via the landing page for OFAC on the U.S. Department of Treasury website.

Information concerning Ezra Products and Services

From time to time, this Website contains information applicable to products and services offered by Ezra (collectively "Ezra Products and Services"), for information purposes only. You understand and agree that Ezra Products and Services are governed by separate terms and conditions ("Terms and Conditions") other than these TOU or any information concerning Ezra Products and Services contained on this Website, and that such Terms and Conditions will solely govern your use or future use of Ezra Products and Services. The Terms and Conditions for any Ezra Products and Services will be provided to you when you order or use applicable Ezra Products and Services. In the event of any conflict between these TOU or information accessed through the Website concerning Ezra Products and Services and any Terms and Conditions for applicable Ezra Products and Services, the Terms and Conditions shall control in all instances.

Restrictions on Use of Intellectual Property

Unless otherwise expressly stated, Ezra, or any of their subsidiaries or affiliates, own, control, or license all content and material hosted on this Website including, but not limited to, any applicable copyrights, trademarks, service marks, or other intellectual property rights (collectively, "Intellectual Property Rights"). For the avoidance of doubt, the act of posting the content and material hosted on this Website shall not deemed a waiver of any Intellectual Property Rights owned by us. Except as expressly provided in these TOU, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Website for any commercial or public purpose without our prior written consent. You may download from the Website materials, except for software or source code, but only for your personal or internal business purposes. Unless you receive our express prior written consent to do so, you agree not to delete any copyright or trademark from any content or material you access or obtain through the Website, and will not reproduce, modify, or create derivative works therefrom. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Website. Content and material hosted on this Website is protected by United States and international copyright laws. "Ezra" and the Ezra logo are trademarks of Ezra Climate, Inc. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of other respective owners in the United States and/or other countries.

Links to Third Party Websites

From time to time, you may be able to access third party websites via hyperlinks posted on the Website ("Linked Content"). We offer Linked Content as a convenience to you, but do not own Linked Content, and make no representations nor bear responsibility as to the accuracy and reliability of any information provided in Linked Content. Use of Linked Content is at your own risk, outside the scope of these TOU, and subject to applicable terms of use and/or Applicable Law governing access to Linked Content.

Submissions

By using this Website, creating an account, or otherwise posting or submitting content on this Website, you understand, represent and agree to the following with regard to anything that you post or submit ("Your Content"):

• Your Content is your original and sole creation;
• Your Content does not infringe upon any third-party rights, including but not limited to patent, copyright, trademark, trade dress, design right, right of publicity or privacy or any intellectual property right;
• Your Content does not contain material that may be considered defamatory, slanderous or libelous or depict any person, entity or product in a false light;
• Your Content does not violate any Applicable Law;
• You grant Ezra and its respective contractors, agents, licensors, suppliers, successors and assigns an irrevocable, fully paid, royalty-free, perpetual, transferable, sub-licensable, non-exclusive, worldwide license to use, copy, publish, distribute, adapt and modify Your Content, or create derivative works from Your Content, in any and all media now known or hereafter devised, for any purpose and you have obtained any consents necessary to grant this license; and
• Ezra and its respective contractors, agents, licensors, suppliers, successors and assigns shall not be subject to any obligation of confidentiality with respect to Your Content except as specifically agreed in writing or as required by Applicable Law.

Feedback

You agree that any and all suggestions, comments, and feedback that you submit at or via the Website in connection with any Ezra Products and Services ("Feedback") shall be deemed to be non-confidential, except as otherwise specifically agreed or required by Applicable Law. Ezra is free to use any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.

No Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS AND "WITH ALL FAULTS". USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW.

Privacy

From time to time, we may collect and use technical information and usage data about your general use of this Website to improve your experience and improve available Ezra Products and Services. This may involve the use of cookies, which may be disabled through your web browser. By accessing the Website, you grant us permission to use this information to improve Ezra Products and Services, as well as to provide advertising content in which we believe you may be interested, including working with third parties who provide targeted advertising content. Please review our Privacy Policy for more information concerning how we collect and use your information. Our Privacy Policy is hereby incorporated into these TOU by reference.

Requirements

Access to certain pages of the Website may require you to create an online user profile consisting of a username, password, and other information required by us ("User Profile"). If you elect not to create a User Profile, you acknowledge and agree that you may not be able to access certain content or features available on such pages of the Website. You understand and agree that you are solely responsible for maintaining the privacy and security of your usernames and passwords for any User Profile created in connection with your use of the Website, and will immediately notify us of any compromise or unauthorized use of your User Profile. You may be held liable for losses or damages incurred by us or any other third parties accessing the Website due to someone else using your User Profile. Ezra is not liable for any loss or damage that you may incur as a result of your failure to comply with these requirements.

Limitation of Liability

IN CONNECTION WITH YOUR USE OF THE WEBSITE, IN NO EVENT WILL EZRA OR ANY OF ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES ("EZRA PARTIES") BE LIABLE FOR ANY LOSSES, LIABILITIES, FINES, PENALTIES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES)(COLLECTIVELY, "LOSSES AND LIABILITIES"), WHETHER UNDER A CONTRACT, WARRANTY, TORT, OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY THIRD PARTY WEBSITE ACCESSIBLE FROM THIS WEBSITE VIA HYPERLINK, EVEN IF ANY OF THE EZRA PARTIES IS AWARE OF THE POSSIBILITY OF SUCH LOSSES AND LIABILITIES.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Ezra Parties, and their respective contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website, including, but not limited to, your breach of these TOU, any claim that your use of this Website and any content violates any Applicable Law, the use of Your Content, or any claim arising out of, or in connection with, your negligent acts or omissions. This obligation shall survive the termination or expiration of these TOU.

Governing Law; Venue

These TOU are governed by the laws of the State of California. Any action against Ezra arising from or relating to your access to and use of the Website and the provisions of these TOU must be brought by you in state or federal court located in the State of California. You consent to the jurisdiction and venue of the state and federal courts located within the State of California, for the adjudication of all claims by Ezra against you arising from or relating to your access to and use of the Website and the provisions of these TOU.

Severability

If any provision of these TOU is held void, invalid or unenforceable by a court with jurisdiction over you and Ezra or due to a change in Applicable Law, such provision shall be deleted or revised solely to the extent necessary for enforceability. Following such deletion and/or modification, the remaining provisions of these TOU shall remain in full force and effect.

No Waiver of Rights

No waiver by Ezra of any right available under these TOU will be deemed a waiver of any other right available under these TOU at the time of such waiver, or at any other time.

Termination

We may terminate these TOU without notice at any time, for any reason and without prior notice or consent. The Sections herein titled "Restrictions on Use of Intellectual Property", "Limitation of Liability", "Indemnification", "Governing Law; Venue", "Severability", "No Waiver of Rights", and "Third-Party Beneficiaries" shall survive any termination.

Amendment

We may amend or modify these TOU and/or the Website at any time, for any reason and without prior notice or consent. Your continued use of the Website shall constitute your agreement to the terms of any amendment or modification.

Third-Party Beneficiaries

These TOU are made solely and specifically for the benefit of the parties hereto and no other person or entity shall have any rights, interest, or claims hereunder or be entitled to any benefits hereunder as a third-party beneficiary.

Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Website infringes any copyright that you own or control, you may notify our designated agent as follows:

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to us for certain costs and damages.

How to Contact Us

In the event you need to contact us or have any questions, please email us at support@ezra.fi.