Product Beta Testing Terms and Conditions Last Updated: August 17, 2026 These Beta Testing Terms and Conditions (“Beta Product T&Cs”) are entered into by and between INMOTION HOSTING, INC. (the “Company”), and the individual or entity that registers for, accesses, or uses the Beta Product (the “Beta Tester” or “you”). By clicking the “ACCEPT” button, registering for the beta program (“Beta Program”), or otherwise accessing or using the Beta Product (as defined herein), you agree to be bound by these Beta Product T&Cs which are effective as of the date of such acceptance (the “Effective Date”). If you are accepting these Beta Product T&Cs on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Beta Product T&Cs, and “you” and “Beta Tester” shall refer to such entity. If you do not agree, or do not have such authority, you must not access or use the Beta Product. If the Beta Tester is an individual, the Beta Tester represents that it is at least 18 years of age (or the age of majority in its jurisdiction) and is legally capable of entering into binding agreements. DEFINITIONS “Beta Product” means the pre-release online software product, including any related software, applications, application programming interfaces, documentation, updates, and materials made available by the Company under the Beta Program. “Confidential Information” means all non-public information disclosed by the Company to you, or otherwise made available to you in connection with the Beta Program, regardless of whether such information is marked as “confidential” or “proprietary,” including without limitation: (a) the Beta Product itself, including its features, functionality, user interface, performance characteristics, and technical specifications; (b) unreleased features, product roadmaps, and development plans; (c) documentation, user guides, and instructional materials; (d) test results, performance data, benchmarking data, and analytics; (e) the existence and terms of the Beta Program; (f) business strategies, pricing, marketing plans, and customer information; (g) any work products, studies, reports, or materials prepared by or in the possession of you that contain, include, refer to, or are generated from any Confidential Information; and (h) any other information that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. “Feedback” means any suggestions, comments, ideas, evaluations, bug reports, error reports, data, test results, recommendations, or other information provided by the Beta Tester relating to the Beta Product. “Intellectual Property Rights” means all patent, copyright, trademark, trade secret, database, moral, and other intellectual property or proprietary rights recognized in any jurisdiction worldwide, whether registered or unregistered. BETA TESTER OBLIGATIONS AND RESTRICTIONS License Grant. Subject to the terms of these Beta Product T&Cs, the Company grants the Beta Tester a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Beta Product solely for the process of testing and evaluation during the Term. Testing Obligations. The Beta Tester agrees to use reasonable efforts to test the Beta Product, to use it in a manner consistent with any instructions or documentation provided by the Company, and to promptly report any errors, defects, or issues discovered. Restrictions. The Beta Tester shall not, and shall not permit any third party to: (a) use the Beta Product for any production, commercial, or business-critical purpose; (b) copy, modify, translate, or create derivative works of the Beta Product; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or algorithms of the Beta Product, except to the extent such restriction is expressly prohibited by applicable law; (d) sell, rent, lease, lend, sublicense, distribute, or otherwise transfer or make the Beta Product available to any third party; (e) remove, alter, or obscure any proprietary notices; (f) use the Beta Product to develop a competing product or service, or participate in the Beta Program for the purpose of competitive intelligence or benchmarking; (g) circumvent or disable any security or technical limitations; or (h) use the Beta Product in violation of any applicable law, regulation, or third-party right. Data and Compliance. The Beta Tester shall comply with all applicable data protection and privacy laws, including where applicable the California Consumer Privacy Act (as amended by the California Privacy Rights Act), the EU/UK General Data Protection Regulation, and other global data protection frameworks. Data Collection Notice. you acknowledge and agree that, in connection with the Beta Program, the Company may collect, process, store, and transmit certain data, including without limitation: (a) usage data and telemetry data reflecting how you interact with the Beta Product; (b) diagnostic and performance data, including error logs, crash reports, and system configuration information; (c) device and browser information; and (d) other technical data reasonably necessary to improve the Beta Product and the Company’s related products and services. Privacy Policy. The Company’s collection, use, storage, sharing, and protection of personal data is governed by the Company’s Privacy Policy, available at https://www.inmotionhosting.com/legal/privacy-policy/ (the “Privacy Policy”), which is incorporated herein by reference. By accepting these Beta Product T&Cs, you acknowledge that you have reviewed the Privacy Policy. Consent to Data Collection. By participating in the Beta Program, you acknowledge and agree to the collection and processing of data as described in this Section and in the Privacy Policy. The legal basis for such processing may include performance of these Beta Product T&Cs, the Company’s legitimate interests in improving its products and services, and, to the extent required and validly obtained under applicable law, your consent. You acknowledge that certain data collection is necessary for the performance of these Beta Product T&Cs and the provision of the Beta Product. GDPR and Data Protection Compliance. The Company acknowledges that the General Data Protection Regulation (EU Regulation 2016/679, “GDPR”) and similar data protection frameworks, including the UK GDPR and other national data protection laws, may apply extraterritorially when the Company offers the Beta Product to, or monitors the behavior of, data subjects in the European Union, European Economic Area, United Kingdom, or other jurisdictions with comparable data protection legislation. The Company shall process personal data in compliance with applicable data protection laws. Your Rights. You may exercise any data protection rights available to you under applicable law, by contacting the Company at [email protected] or visiting https://www.inmotionhosting.com/legal/personal-data-requests/. Nothing in these Beta Product T&Cs is intended to limit or restrict your rights under applicable data protection law. No Reliance. The Beta Tester acknowledges that the Beta Product is a pre-release product that may be incomplete, contain bugs, and may not operate reliably, and the Beta Tester assumes all risk arising from its use and shall maintain adequate backups of its own data. INTELLECTUAL PROPERTY AND CONFIDENTIALITY Ownership. As between the parties, the Company and its licensors retain all right, title, and interest in and to the Beta Product and all Intellectual Property Rights therein. No rights are granted to the Beta Tester other than the limited license expressly set forth in Section 2.1. All rights not expressly granted are reserved by the Company. Confidentiality Obligations. The Beta Tester shall: (a) hold all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without the Company’s prior written consent; (c) use Confidential Information solely for purposes of participating in the Beta Program; (d) protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than a reasonable degree of care; and (e) ensure that any of its employees, contractors, or agents who are given access to Confidential Information are bound by obligations of confidentiality no less restrictive than those set forth herein, and the Beta Tester shall be responsible for any breach by such persons. Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Beta Product T&Cs; (b) was rightfully known to the Beta Tester without confidentiality obligation prior to disclosure; (c) is rightfully received from a third party without restriction; (d) is independently developed without use of or reference to the Confidential Information; or (e) is approved for disclosure in writing by the Company. Compelled Disclosure. If the Beta Tester is required by law or valid legal process to disclose Confidential Information, it shall, to the extent legally permitted, provide the Company with prompt written notice (and in no event later than five (5) business days after receiving such compulsion, or such shorter period as may be required by law) and reasonable cooperation to enable the Company to seek a protective order. The Beta Tester shall disclose only such Confidential Information as is legally required and shall use reasonable efforts to obtain confidential treatment for any Confidential Information so disclosed. Publicity. The Beta Tester shall not issue any public statement, announcement, review, benchmark, or performance test regarding the Beta Product without the Company’s prior written consent. The Beta Tester acknowledges that any breach of this Section 3 or Section 4 would cause irreparable harm to the Company for which monetary damages would be an inadequate remedy, and the Company shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity, without the necessity of proving actual damages or posting any bond or security. FEEDBACK OWNERSHIP AND USAGE RIGHTS Provision of Feedback. The Beta Tester is encouraged to provide Feedback regarding the Beta Product. Feedback is provided voluntarily. Assignment and License. The Beta Tester hereby irrevocably assigns to the Company all right, title, and interest, including all Intellectual Property Rights, in and to all Feedback. The Beta Tester represents and warrants that the Feedback is original to the Beta Tester and does not infringe any third-party Intellectual Property Rights. The Beta Tester agrees to execute any documents and take any actions reasonably requested by the Company to perfect, evidence, or register such assignment. To the extent any such assignment is not effective under applicable law, the Beta Tester grants the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable, and non-exclusive license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback for any purpose without restriction, obligation, attribution, or compensation. Waiver of Moral Rights. To the extent permitted by applicable law, the Beta Tester waives, and agrees not to assert, any moral rights or similar rights in the Feedback against the Company and its successors and assigns. No Obligation. The Company is under no obligation to use any Feedback or to incorporate it into the Beta Product or any commercial product. DISCLAIMER OF WARRANTIES THE BETA PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, PERFORMANCE, COMPATIBILITY, AND ACCURACY. THE COMPANY DOES NOT WARRANT THAT THE BETA PRODUCT WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, OR OTHER MATERIALS ACCESSED THROUGH THE BETA PRODUCT. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE BETA PRODUCT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE BETA PRODUCT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE BETA PRODUCT T&CS. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the exclusions above apply to the maximum extent permitted by law, and any mandatory statutory rights that cannot be excluded remain unaffected. LIMITATION OF LIABILITY Exclusion of Damages. To the maximum extent permitted by applicable law, in no event shall either party be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to these Beta Product T&Cs or the Beta Product, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages; provided, however, that this exclusion shall not limit the Company’s right to recover any and all damages (including indirect, incidental, special, consequential, exemplary, or punitive damages) from the Beta Tester for the Beta Tester’s breach of Sections 2.3 (Restrictions), 3 (Intellectual Property and Confidentiality), or 4 (Feedback Ownership and Usage Rights). Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE BETA PRODUCT T&CS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100); PROVIDED, HOWEVER, THAT THIS CAP SHALL NOT APPLY TO THE BETA TESTER’S BREACH OF SECTIONS 2.3 (RESTRICTIONS), 3 (INTELLECTUAL PROPERTY AND CONFIDENTIALITY), OR 4 (FEEDBACK OWNERSHIP AND USAGE RIGHTS). THE EXCLUSION OF DAMAGES SET FORTH IN SECTION 6.1 AND THE LIABILITY CAP SET FORTH IN SECTION 6.2 ARE EACH INDEPENDENT OF, AND SHALL SURVIVE AND APPLY REGARDLESS OF, ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY PROVIDED UNDER THESE BETA PRODUCT T&CS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 6 SHALL APPLY EVEN IF ANY REMEDY SPECIFIED IN THESE BETA PRODUCT T&CS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. The parties acknowledge that the mutual agreements set forth in this Section reflect a fair allocation of risk and that the Company would not enter into these Beta Product T&Cs without these limitations. Exceptions. Nothing in these Beta Product T&Cs excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation. Allocation of Risk. The Beta Tester acknowledges that the limitations in this Section 6 reflect a reasonable allocation of risk given the no-charge, pre-release nature of the Beta Product and are a fundamental basis of the parties’ agreement. The Beta Tester further acknowledges that it assumes all risk of data loss, corruption, or unavailability in connection with its use of the Beta Product. TERM AND TERMINATION Term. These Beta Product T&Cs commences on the date the Beta Tester first accepts it and continues until the earlier of (a) the end of the Beta Program as determined by the Company, (b) the general commercial release of the Beta Product, or (c) termination in accordance with this Section (the “Term”). Termination for Convenience. Either party may terminate these Beta Product T&Cs or the Beta Tester’s participation in the Beta Program at any time, for any or no reason. The Company may terminate immediately without prior notice. The Beta Tester may terminate by providing written notice to the Company effective upon receipt. The Company may suspend or discontinue the Beta Product, in whole or in part, at any time without notice or liability. Termination for Breach. The Company may terminate these Beta Product T&Cs immediately upon the Beta Tester’s breach of any provision of these Beta Product T&Cs. Effect of Termination. Upon termination or expiration: (a) all licenses granted to the Beta Tester terminate immediately; (b) the Beta Tester shall cease all use of the Beta Product and disable or delete any access credentials, API keys, or tokens issued in connection with the Beta Program; (c) the Beta Tester shall promptly return or destroy all Confidential Information and copies thereof and, upon request, certify such destruction in writing; and (d) the Company shall have no obligation to maintain, return, or provide any data, content, or information uploaded or generated by the Beta Tester in the Beta Product, and may delete such data without notice or liability. Survival. Sections 1, 3, 4, 5, 6, 7.4, 7.5, and 8 shall survive any termination or expiration of these Beta Product T&Cs. Without limiting the foregoing, the confidentiality obligations in Section 3 shall survive for a period of five (5) years following termination or expiration; provided that obligations with respect to trade secrets shall survive for so long as such information constitutes a trade secret under applicable law. GENERAL PROVISIONS Governing Law. These Beta Product T&Cs shall be governed by and construed in accordance with the laws of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Beta Product T&Cs shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and each party irrevocably consents to the personal jurisdiction and venue of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Class Action and Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION WITH RESPECT TO ANY CLAIM ARISING UNDER OR RELATING TO THESE BETA PRODUCT T&CS. THIS CLASS ACTION WAIVER IS AN ESSENTIAL TERM OF THESE BETA PRODUCT T&CS. This waiver does not apply in jurisdictions where class action waivers are unenforceable as a matter of law. Compliance with Laws; Export. Each party shall comply with all applicable laws and regulations. The Beta Tester shall comply with all applicable export control and sanctions laws and shall not export or re-export the Beta Product in violation of such laws. Entire Agreement. These Beta Product T&Cs, together with any policies, guidelines, or supplemental terms referenced herein or made available through the Beta Product, constitutes the entire agreement between the parties regarding the Beta Program and supersedes all prior or contemporaneous understandings. Amendments. The Company may modify these Beta Product T&Cs at any time by posting an updated version and providing the Beta Tester with reasonable notice of material changes (which may be by email, in-product notification, or conspicuous posting). Continued use of the Beta Product after the Effective Date of such modification constitutes acceptance of the updated Agreement. If the Beta Tester does not agree to the modified terms, the Beta Tester’s sole remedy is to cease use of the Beta Product. Assignment. The Beta Tester may not assign these Beta Product T&Cs without the Company’s prior written consent. The Company may freely assign these Beta Product T&Cs. Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. Waiver. No waiver of any provision shall be effective unless in writing, and no failure to enforce any provision shall constitute a waiver. Notices. Notices shall be in writing and may be delivered by email. Notices to the Beta Tester shall be sent to the email address provided during Beta Program registration. Notices to the Company shall be sent to [email protected]. Notices are deemed received upon transmission (provided no bounce-back or error message is received). Relationship of the Parties. The parties are independent contractors, and nothing in these Beta Product T&Cs creates any partnership, joint venture, agency, or employment relationship. Third-Party Beneficiaries. These Beta Product T&Cs do not confer any rights upon any person or entity other than the parties hereto and their respective successors and permitted assigns. Force Majeure. The Company shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, pandemic, natural disaster, labor disputes, power or internet failures, governmental actions, or any other event of similar nature. Language. These Beta Product T&Cs are drafted in the English language. If these Beta Product T&Cs is translated into any other language, the English-language version shall prevail to the extent of any inconsistency, except where prohibited by applicable law. EU Consumer Forum Rights. Notwithstanding Sections 8.1 and 8.2, if you are a consumer habitually resident in the European Union or European Economic Area, (a) you may bring proceedings relating to these Beta Product T&Cs in the courts of the EU/EEA Member State in which you are domiciled, and (b) nothing in these Beta Product T&Cs deprives you of the protection afforded by the mandatory provisions of the law of the country in which you have your habitual residence, where such protection cannot be derogated from by agreement. you also retain the right to submit a complaint to a local consumer protection authority or to use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.