Terms of Service effective October 2025

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Software as a Service Agreement

Effective October 31, 2025.

This Software as a Service Agreement (the "Agreement") is between the entity named below ("Customer") and Modal Labs, Inc., a Delaware corporation ("Modal"). This Agreement consists of these terms, each order form for Services that has been executed by Modal and Customer (each an "Service Order") and all exhibits and amendment of any of the foregoing. Customer consents to this Agreement by executing a Service Order or creating an account on the Service.

• SCOPE OF SERVICE AND RESTRICTIONS

Access and Scope of Service. Subject to receipt of the applicable Fees with respect to the service specified in the corresponding Service Order (the "Service"), Modal will use commercially reasonable efforts to make the Service available to Customer as set forth in this Agreement and the Service Order. Subject to Customer's compliance with the terms and conditions of the Agreement and the Service Order, Customer may access and use the Service during the period specified in the Service Order. Any such use of the Service by Customer is solely for Customer's internal business.

• No-Fee Use. If Customer is accessing or making use of the Service on a trial or no-fee basis (the "No-Fee Use"), Customer may use the Service consistent with applicable use limitations in the corresponding Service Order or otherwise provided to Customer. Customer acknowledges and agrees that the No-Fee Use is provided on an "as-is" basis and the No-Fee Use is provided without any indemnification, support, warranties or representation of any kind. Further, No-Fee Use may be subject to certain additional restrictions, limitations and differing terms all as specified in the corresponding No-Fee Use Limitations.

• Restrictions. Customer will use the Service only in accordance with all applicable laws, including, but not limited to, laws related to data (whether applicable within the United States, the European Union, or otherwise). Customer agrees not to (and will not allow any third party to): (a) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the underlying structure, ideas, or algorithms of the Service or any software used to provide or make the Service available; or (c) rent, resell or otherwise allow any third party direct access to or use of the Service.

• Service Suspension. Modal may suspend Customer's access to or use of the Service if Modal determines such action is reasonably necessary to enforce its rights and Customer's obligations herein. Modal will notify Customer before suspending access to the Service and give Customer an opportunity to remediate any deficiencies, unless emergency suspension is required.

• Ownership. Modal retains all right, title, and interest in and to the Service, and any software, products, works or other intellectual property created, used, provided or made available by Modal under or in connection with the Service. Customer may from time to time provide suggestions, comments or other feedback to Modal with respect to the Service ("Feedback"). Customer hereby grants to Modal a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit any Feedback for any