### Terms of Service

Last Updated

**Nov 3, 2025**

PLEASE READ THESE ENTERPRISE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY BLUEFISH LABS, INC. (“COMPANY”). BY MUTUALLY EXECUTING ONE OR MORE ORDER FORMS WITH COMPANY WHICH REFERENCE THESE TERMS (EACH, AN “ORDER FORM”), YOU (“CUSTOMER”) AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER FORMS, THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS.

1. **Free Services.** If you are accessing the Service on a free, pilot, unpaid, trial, beta, demonstration, pre-release, evaluation, testing or similar basis (collectively, “Free Services”), then unless otherwise indicated on an applicable Order Form, certain of Company’s obligations under this Agreement will not apply, as further described below.

2. **Order Forms; Access to the Service.** Upon mutual execution or as otherwise mutually agreed to, each Order Form shall be incorporated into and form a part of the Agreement.

3. **Service Updates; Beta Products.** From time to time, Company may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge (“Updates”), and such Updates will become part of the Services and subject to this Agreement.

4. **Ownership; Feedback.** As between the parties, Company and its licensors retain all right, title, and interest in and to the Services, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by Company for the purposes of this Agreement.

5. **Fees; Payment.** Customer shall pay Company fees for the Service as set forth in each applicable Order Form (“Fees”). Unless otherwise specified in an Order Form, all Fees shall be invoiced annually in advance and all invoices issued under this Agreement are payable in U.S. dollars within thirty (30) days from date of invoice.

6. **Restrictions.** Except as expressly set forth in this Agreement, Customer shall not (and shall not allow any third party to) directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service; (ii) modify, translate, or create derivative works; (iii) copy, rent, lease, distribute, or transfer rights; (iv) use the Service for the benefit of a third party; (v) remove proprietary notices from the Service; (vi) use the Service to build a competitive application; (vii) interfere with the proper working of the Service; or (viii) bypass any measures to prevent access to the Service.

7. **Customer Data.** For purposes of this Agreement, “Customer Data” shall mean any data, information or other material provided, uploaded, or submitted by Customer to the Service.

8. **Confidentiality.** For purposes of this Agreement, “Confidential Information” shall mean all financial, business, legal and technical information of the Disclosing Party or any affiliates.

9. **Third Party Services.** Customer acknowledges and agrees that the Service may operate with third parties and Company is not responsible for the operation of such Third Party Services.

10. **Term; Termination.** This Agreement shall commence upon the date of the first Order Form, and, unless earlier terminated in accordance herewith, shall last until the expiration of all Order Form Terms.

11. **Indemnification.** Customer shall defend, indemnify, and hold harmless Company from all liabilities, claims and expenses arising from Customer’s breach of these Terms.

12. **Disclaimer.** EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND.

13. **Limitation of Liability.** IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS, DATA LOSS, OR CONSEQUENTIAL DAMAGES.

14. **Miscellaneous.** This Agreement represents the entire agreement between Customer and Company. The Agreement shall be governed by and construed in accordance with the laws of the State of New York.