End User License Agreement

These Terms of Service (“Terms”) apply to your use of the AirHUD and AirSkill applications (collectively the “App”) provided by Anarky Labs Oy (“Anarky,”we,” “us”). These Terms are a legally binding contract between you and Anarky, so please read them carefully.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED TO USE THE APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP.

These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the App, whichever is earlier. If you accept or agree to these Terms on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent and any permitted users of such party. In such event, “you” and “your” will refer and apply to your employer or such other legal entity.

1. Definitions

• 1.1. “Aggregate Data” means data that may include Client Data but does not identify Client.

• 1.2. “Client” means the legal entity or the person downloading the App and registering to use the App.

• 1.3. “Client Data” means any electronic data and content that is provided by Client or third-party providers of data to Anarky in the course of Client using the App.

• 1.4. “Documentation” means standard user documentation for the App that is made generally available by Anarky to the users of the App, as updated from time-to-time.

• 1.5. “User(s)” means an individual, or other named resource listed in the App database, that is authorized to use the App in accordance with these Terms. A User may be an employee or contractor of Client.

2. Right to Use.

Subject to these Terms, including without limitation payment of the applicable Fees (as defined below), Anarky grants to Client, and Client accepts, a limited, nonexclusive, non-transferable and non-sub-licensable right to access and use the App, solely: (i) in accordance with these Terms, and the Documentation, (ii) for Client’s internal business purposes, (iii) during the applicable Term.

3. Users.

Client shall only permit its Users to access and use the App on Client’s behalf and in accordance with these Terms. Client shall remain responsible and liable to Anarky for any act or omission of a User that would constitute a breach of these Terms if such act or omission were by Client.

4. License and Acceptable Use.

We hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your device. Except to the extent expressly permitted herein or authorized by Anarky in writing, Client shall not and shall not permit others to: (i) sell, rent, lease, license or distribute the App to a third party; (ii) use the App in a timeshare arrangement or a service bureau offering; (iii) copy or modify the App, and/or create derivative works based upon the App; (iv) use the App to develop a competing service or product; (v) violate or abuse password protections governing App access; (vi) circumvent, disable or otherwise interfere with security-related features of the App or features that enforce limitations on access to and use of the App; (vii) allow any third party to access and use the App (except for Client’s Users); (viii) interfere with the App or take any action that imposes or may impose, at Anarky's sole discretion, a disproportionately large load on the Anarky infrastructure; (ix) remove, deface, obscure or alter Anarky’s, or a third party's, copyright notices, trademarks or other proprietary rights affixed to or provided as part of the App, or use or display logos of the App differing from those of Anarky; (x) upload or transmit any Client Data to or via the App unless Client has obtained all of the necessary rights and consents to do so; and/or (xii) otherwise use the App in an unlawful manner or in breach of these Terms.

5. Client Account.

Client is solely responsible for: (i) the confidentiality and use of names and passwords under Client’s account, and (ii) the activity that occurs under Client’s account. Anarky will deem any use of the App under Client’s account names and passwords to be for Client’s sole benefit and use. Client must immediately notify Anarky in writing if Client becomes aware that account names or passwords are lost, stolen, or being used in an unauthorized manner.

6. Minimum Requirements.

Client is responsible, at its cost, to meet the minimum system requirements for use of the App that are provided or made available by Anarky, including to obtain access to the Internet using software and hardware that meets Anarky’s security and performance requirements.

7. Client Data.

• 7.1. Client Data Ownership. Client retains exclusive ownership of the Client Data.

• 7.2. License. Client grants Anarky a non-exclusive worldwide license to use, process, store, display, reproduce, and aggregate Client Data that Client chooses to submit to Anarky. Client is solely responsible for the content of Client Data and represents and warrants that it owns or has obtained the rights to all of the intellectual property rights subsisting in the Client Data, and Client has the right to provide Anarky the license granted herein to use such Client Data in accordance with these Terms. Client agrees that it will not include in Client Data any data, which is subject to the rights of any third parties without first obtaining all required authorizations and rights in writing from such third parties. Client agrees that Anarky may use Aggregate Data for any purpose and disclose Aggregate Data to third parties.

• 7.3. No Liability. Client acknowledges and agrees that Anarky shall have no liability whatsoever, regardless of the legal theory or basis of liability, for Client Data or any App results or outcomes based on, arising out of, or relating to Client Data.

8. Security.

Anarky maintains technical, administrative and organizational measures and controls to keep the Client Data secure and protect it against unauthorized access or disclosure.

9. App Ownership.

The App is owned and operated by Anarky. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the App (“Materials”) provided by Anarky are protected by intellectual property and other laws. Except as expressly authorized by Anarky, you may not make use of the Materials. In addition, we will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the App in connection with your use of the App ("Feedback"). You hereby assign to Anarky all right, title, and interest in such Feedback. No rights are granted hereunder other than as expressly set forth herein. “Anarky,” “Anarky Labs,” and the Anarky logos are trademarks of Anarky or its affiliates.

10. Client Feedback.

If Client provides any suggestions, ideas, enhancement requests or feedback to Anarky regarding the App, Client grants Anarky (and its affiliates) a worldwide, perpetual, irrevocable and royalty-free license to use and incorporate the same in any Anarky product or service.

11. Subscription.

• 11.1. Access to the App requires you to purchase a subscription and to pay automatically recurring monthly or annual Fees. Access to certain features of the App may require you to pay additional Fees. For monthly payment subscription plans, the Fees are billed automatically in advance via an invoice on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

• 11.2 This Agreement shall enter into force on the Effective Date and continue to be in force for 12 months initially, unless otherwise agreed. Unless terminated by either party, the Agreement shall continue to be in force indefinitely after the initial period.

• 11.3 Each party may terminate the subscription with 3 months of written notice without any restrictions.

• 11.4. Late Payments. All Anarky invoices are due within fourteen (14) days of the invoice date. Any amount not paid when required to be paid hereunder shall bear interest at the rate of 1.5% per month, or the highest rate allowed by law, whichever is higher, from the date due until paid. Subject to Anarky providing Client with a written reminder about an overdue payment and at least thirty (30) days to pay the overdue amount, Anarky may suspend access to and use of the App until any overdue amount is paid in full.

• 11.5. Taxes. The Fees set forth on the Site are the net amounts due to Anarky for the App, and are exclusive of applicable taxes (including, without limitation, any stamp and customs taxes and any value-added, goods and services, sales, or like taxes), withholdings or duties (“Taxes”). Client shall be responsible for the payment of all Taxes with respect to its subscription to and use of the App, other than taxes based on Anarky's net income. If a taxing authority determines that Anarky did not collect all applicable taxes, Client shall remain liable to Anarky for such additional taxes, but not any interest or penalty assessed as the result of Anarky’s failure to timely collect such additional taxes.

12. Monitoring.

Anarky may, at its expense, monitor Client’s compliance with these Terms. If it is discovered that Client has underpaid applicable Fees to Anarky, Anarky may immediately invoice Client for such underpaid fees.

13. Support Services.

Anarky will reasonably provide e-mail support regarding the use of the App at support@anarkylabs.com during regular business hours of the EET Time Zone.

14. App Updates.

The Fees include updates from time to time in and to the App. Client acknowledges and agrees that certain new features and improvements introduced in connection with such updates may not be included in the Fees and may be subject to separate fees as notified to client not fewer than 30 days before the imposition of any such additional Fees.

15. Warranties and Disclaimers.

• 15.1. Authority. Each party warrants that it has full corporate power and has obtained the required authority and consents to enter into and perform its obligations under these Terms.

• 15.2. High Risk Activities. The App is not designed or intended for use in high risk activities or hazardous environments that require fail-safe performance where failure of the App could lead to death, personal injury, or environmental or property damage. Anarky specifically disclaims any express or implicit warranty of the App’s suitability for these types of activities.

• 15.3. Third Party Data Sources. Anarky is not responsible for the accuracy of, or liable for the inaccuracy of, any third-party sources of data utilized in connection with the App.

• 15.4. The App is Available “AS-IS” And Without Warranty, Beta Features TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, ANARKY PROVIDES THE APP “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE APP IS AT YOUR OWN RISK. ANARKY PROVIDES THE APP WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Anarky makes no warranty or condition that the App will meet your requirements or be uninterrupted, timely, secure, or error-free. Anarky makes no warranty or condition that results obtained from your use of the App will be accurate or reliable or that any errors in the App will be corrected. Anarky will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the App. No advice or information, whether oral or written, obtained by you in connection with your use of the App shall create any warranty not expressly stated in these Terms. FROM TIME TO TIME, ANARKY MAY OFFER NEW “BETA” FEATURES OR TOOLS IN THE APP WITH WHICH USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES AND TOOLS. Some countries and states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

16. Indemnification.

• 16.1. Client shall defend and indemnify Anarky from any damages awarded against Anarky by a court of competent jurisdiction, or paid in settlement, in connection with a third- party claim, suit or proceeding that (i) Client’s use of the App in violation of these Terms; or (ii) Anarky’s use of Client Data, as permitted under these Terms, infringes or violates the third party’s intellectual property or other rights.

• 16.2. General. The defense and indemnification obligations of a party under this section are subject to: (i) the indemnifying party being given prompt written notice of the claim; (ii) the indemnifying party being given immediate and complete control over the defense (and settlement) of the claim; and (iii) the indemnified party providing cooperation and assistance, at the indemnifying party’s expense, in the defense or settlement of the claim and not taking any action that prejudices the indemnifying party's defense of, or response to, the claim.

17. Limitation of Liability.

• 17.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANARKY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANARKY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANARKY ’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY EUROS (EUR 50) (OR ITS EQUIVALENT IN LOCAL CURRENCY) OR THE AMOUNTS YOU PAID TO ANARKY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANARKY AND YOU. Some states and countries do not allow the types of limitations in this paragraph, so they may not apply to you. In order to be valid and enforceable, all claims for damages must be made within one (1) month from the date that Client became aware, or reasonably ought to have become aware, of damages arising out of these Terms.

• 17.2. Exceptions to limitations. The limits and exclusions of liability in this section 17 (Limitation of Liability) apply to the fullest extent permitted by applicable law, but do not apply to: (i) Client’s payment obligations under these Terms, (ii) any liability for death or personal injury caused by a party’s negligence, (iii) fraud or fraudulent misrepresentation, or (iv) a breach of section 4 (Acceptable Use) and/or section 9 (App Ownership).

18. Confidentiality.

Each party acknowledges that during the term of these Terms it (“Receiving Party”) may be entrusted with certain confidential information of the other party (“Disclosing Party”) that should reasonably have been understood by Receiving Party due to legends or other markings, the circumstances of disclosure or the nature of the information itself, to be proprietary and confidential to Disclosing Party (“Confidential Information”). Receiving Party shall: (i) not use any Confidential Information for any purpose except to exercise its rights and obligations under these Terms; (ii) protect all Confidential Information using the same degree of care which it uses with respect to its own confidential information, but in no event less than reasonable care; and (iii) not, without Disclosing Party’s prior written consent, disclose the Confidential Information to any third party except to its employees, contractors and agents ("Permitted Recipients") who have a need to know in order to enable Receiving Party to perform its rights and obligations under these Terms, provided that each Permitted Recipient is first bound by a written obligation of confidentiality that is at least as demanding as the confidentiality and non-disclosure obligations imposed on Receiving Party under these Terms, and further provided that Receiving Party shall be liable to Disclosing Party for any breach of confidentiality or non-disclosure by a Permitted Recipient. Receiving Party shall promptly notify Disclosing Party of any actual or threatened unauthorized disclosure or use of Confidential Information. If any Confidential Information must be disclosed to any third party by reason of legal, accounting or regulatory requirements beyond the reasonable control of Receiving Party, Receiving Party shall (to the extent permitted by applicable law) promptly notify Disclosing Party of the order or request and permit Disclosing Party (at its own expense) to seek an appropriate protective order. Confidential Information does not include information that: (a) was known to Receiving Party prior to its disclosure by Disclosing Party without breach of any obligation owed to Disclosing Party; (b) is or becomes generally known to the public without breach of any obligation owed to Disclosing Party; (c) has come into the possession of Receiving Party rightfully from a third party without any breach of obligation of confidentiality owed to Disclosing Party; and/or (d) was developed by Receiving Party independently of and without reference to Confidential Information.

19. Termination.

Notwithstanding any other provision herein to the contrary, either party may terminate these Terms with immediate effect if (i) the other party materially breaches these Terms and such breach remains uncured (to the extent that the breach can be cured) thirty (30) days after having received written notice thereof; (ii) the filing by either party of any bankruptcy or insolvency proceedings under applicable law; or (iii) either party becoming subject to any bankruptcy or insolvency proceedings under applicable law, which are filed against it and remain undismissed for sixty (60) days after they are first filed; or (iv) either party becoming insolvent; or (v) either party becoming subject to direct control by a trustee, receiver or similar authority. Furthermore, Anarky may terminate these Terms immediately if Client does not pay the Fees when due as described in Section 11.

20. Consequences of Termination.

• 20.1. Upon the actual termination of the Terms: (i) all subscriptions shall be deemed to automatically terminate, and Client shall immediately stop to access and use the App; (ii) Client shall promptly return to Anarky all Confidential Information provided by Anarky in Client’s possession or control; and (iii) Anarky will (a) upon a written request that is received within thirty (30) days of the actual termination of.

• 20.2. This section and sections 4 (Acceptable Use), 7.1 (Client Data Ownership), 9 (App Ownership), 11 (Fees, to the extent due amounts remain unpaid), 16 (Indemnification), 17 (Limitation of Liability), 18 (Confidentiality), 23 (Anonymous Information), 24 (Notices), 25 (Assignment), 26 (General), and 27 (Usage Data) hereof shall survive any termination of these Terms.

21. Changes.

Anarky may make changes to the App from time-to-time. Anarky will provide reasonable written notice to Client before removing any material feature or functionality of the App, or discontinuing the App. If Anarky discontinues the App, or any material part thereof, Client may (within thirty (30) days’ of its receipt of Anarky’s notice thereof) elect to terminate its subscription to the App and, in such an event, Anarky will (as its sole liability) provide Client with a pro rata refund of the pre-paid subscription fee for the unused remainder of the Subscription Term for the discontinued App or part thereof.

22. Promotional Activities.

Anarky may use Client’s name and logo on its website and in its promotional materials to state that Client is a customer of Anarky and App user, but will not imply that the parties are affiliated.

23. Anonymous Information.

Anarky is permitted to use Anonymous Information (defined below) or disclose it to third party service providers, to provide, improve and develop its cloud service and other offerings, including to analyze trends, gather demographic information and identify products and services that may be desirable to customers. "Anonymous Information" means information which does not enable identification of an individual User, such as aggregated information, about the use of the App.

24. Notices.

Any notice that is required to be given hereunder shall be: (i) in writing and delivered by (i) courier service; or (ii) mailed by pre-paid registered mail addressed to the parties’ respective addresses,; or (iii) e-mailed return receipt requested to the parties’ respective addresses and (iv) deemed to have been received by the addressee at the time and date when actually delivered or in any event within five (5) days after sending in the manner provided herein. The addresses provided herein may be changed at any time on prior written notice.

25. Assignment.

Neither party may assign the Agreement, or its rights and obligations hereunder, without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the foregoing, either party may assign or otherwise transfer the Agreement and its rights and obligations hereunder to (i) its subsidiary or parent; or (ii) or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets. The assigning party shall give prompt written notice of the assignment to the other party. The Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. Any attempted assignment in violation of this section shall be void.

26. General.

• 26.1. Independent Contractors. The parties are acting solely as independent contractors, and neither party is an agent or partner of the other.

• 26.2. Waiver. No failure or delay in exercising any right hereunder by either party shall operate as a waiver thereof, nor will any partial exercise of any right hereunder preclude further exercise. A waiver shall only be deemed to have been made if expressed in writing by the party granting such waiver.

• 26.3. Interpretation and Severability. The headings used herein are for convenience only and shall in no case be considered in construing the Agreement. If any provision of the Agreement shall be held by a court of law of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be reformed, construed and enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

• 26.4. Force Majeure. Except for any payment obligations hereunder, neither party shall be liable for any failure to perform due to causes beyond its reasonable control provided that such party takes all reasonable steps to minimize the extent and duration of any such failure in performance.

• 26.5. Governing Law. These Terms will be governed by, interpreted, and construed in accordance with the substantive laws of the jurisdiction set forth below, without regard to its conflict of laws principles: (i) If Client is legal entity operating in the United States of America or a natural person residing in the United States of America, the laws of the State of New York; (ii) If Client is not a legal entity operating in the United States of America nor a natural person residing in the United States of America, the laws of Finland.

• 26.6. Dispute Resolution. If any dispute arises out of the Agreement, the parties agree to first cooperate and negotiate in good faith in an effort to amicably resolve the dispute. Without limiting the right of either party to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights, any dispute, controversy or claim arising out of or relating to the Agreement (“Dispute”) shall be resolved as follows: (i) If Client is a legal entity operating in the United States of America or a natural person residing in the United States of America, any Dispute shall be exclusively resolved in State and Federal Courts located in New York County, New York; (ii) If Client is not a legal entity operating in the United States of America nor a natural person residing in the United States of America, any Dispute shall be exclusively resolved in courts located in Helsinki, Finland. Each party expressly consents to the exclusive jurisdiction in this Section 26 and waives any objection that the courts designated in this Section 26 represent an inconvenient forum. EACH OF ANARKY AND THE CLIENT HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

• 26.7. Entire Agreement and Modifications. This Agreement: (i) constitutes the entire understanding between the parties, and supersede all prior discussions, representations, understandings or agreements, whether oral or in writing, between the parties with respect to the subject-matter of this Agreement; and (ii) may only be modified by a writing that is mutually signed by both parties. The preprinted provisions of any Client purchase order shall not apply and shall be deemed to be for administrative purposes only.

27. Usage Data.

You acknowledge and agree that we may collect identifiable usage history data and other usage data associated with your account. This includes but is not limited to information about your user routines, frequency of use, duration of sessions, flight minutes, training history, and types of activities performed within the App (“Usage Data”). We collect this Usage Data to enhance your experience by personalizing content and features tailored to your preferences, to understand trends among our users, and to improve and develop the App overall. By accepting these Terms, you give your consent for us to collect Usage Data. We retain your identifiable Usage Data only as long as necessary for the purposes outlined above or as required by law.