Acuerdo de Licencia de Usuario Final

This End User License Agreement ("Agreement") is between you (the "End-User" or "You") and BloomIQ Technologies Inc. ("Licensor"), located at [Insert Company Address], for use of the application ("Licensed Application") on your device.

By downloading the Licensed Application from Apple's software distribution platform ("App Store") or Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement. The App Store and Play Store are referred to in this Agreement as "Services."

The parties acknowledge that the Services are not a Party to this Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. BloomIQ Technologies Inc., not the Services, is solely responsible for the Licensed Application and its content.

This Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). BloomIQ Technologies Inc. acknowledges that it had the opportunity to review the Usage Rules and this Agreement does not conflict with them.

The Licensed Application, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Agreement. The Licensor reserves all rights not expressly granted to You. The Licensed Application is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").

1. THE APPLICATION

BloomIQ Technologies Inc. ("Licensor") is the developer of the Licensed Application, which provides AI-powered insights, data, and business intelligence for the fresh produce industry. The Licensed Application is available for download on both Apple LLC's App Store and Google LLC's Play Store, each of which is a third-party distributor of the Licensed Application.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by the Licensor that replace, repair, and/or supplement the first Licensed Application unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with BloomIQ Technologies Inc.'s prior written consent), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with BloomIQ Technologies Inc.'s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third- party terms and conditions.

3. THIRD-PARTY SERVICES

We utilize Google Cloud Platform (GCP) to host our platform and may engage additional third-party service providers as necessary to operate the Licensed Application. However, we do not disclose the specific third-party data sources or providers that contribute to our proprietary data. The data provided to users by BloomIQ Technologies Inc. is a product of our internal processing and proprietary methodologies, and we protect the confidentiality of the third-party data sources utilized in the provision of our services.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Subscriptions are billed on a monthly basis unless paid for annually.

4.2 Subscriptions will auto-renew unless cancelled at least 14 days in advance of the renewal date.

4.3 Pricing details are available upon request. Please contact our sales team for detailed information about our packages and custom solutions.

Note: Pricing is subject to change, and any changes will be communicated to users in advance.

4.4 Users can cancel their subscription 14 days prior to the next subscription charge. If the subscription is not cancelled within this period, users will be charged for another month's use, and their subscription will end after that.

4.5 All billing and transactions are handled through Stripe (https://stripe.com/gb/legal/ssa). By using the Licensed Application, users consent to Stripe's payment services for processing their payments.

5. PRIVACY

Company may collect and use information about your usage of the App, including certain types of information from and about your device. Company may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the App.

6. DATA RETENTION

We do not hold any personal or sensitive user data.

7. LIMITED LICENSE

Company grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on devices that you own or control, and as permitted by the App Terms of Service.

8. AGE RESTRICTIONS

By using the App, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by this Agreement; (b) if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the App does not violate any applicable law or regulation. Your access to the App may be terminated without warning if Company believes, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian.

9. USER ACCOUNT SECURITY AND USER RESPONSIBILITIES

9.1 You are responsible for maintaining the confidentiality of your account credentials and ensuring that you are the only one using your account. You agree to notify BloomIQ Technologies Inc. immediately of any unauthorized access or use of your account.

9.2 You are responsible for ensuring that your device meets the technical requirements to use the Licensed Application. You must comply with all applicable laws and regulations when using the Licensed Application, and you may not use it for unlawful purposes.

10. WARRANTY

Company disclaims all warranties about the App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Company, not Apple LLC or Google LLC, shall be solely responsible for such warranty.

11. MAINTENANCE AND SUPPORT

Company provides minimal maintenance or support for the App, but to the extent that any maintenance or support is required by applicable law, Company, not Apple LLC or Google LLC, shall be obligated to furnish any such maintenance or support.

12. PRODUCT CLAIMS

Company, not Apple LLC or Google LLC, is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to:

• Product liability claims
• Claims regarding the App's failure to conform to legal or regulatory requirements
• Claims arising under consumer protection or similar legislation

13. THIRD-PARTY INTELLECTUAL PROPERTY CLAIMS

Company shall not be obligated to indemnify or defend you with respect to any third- party claim arising out of or relating to the App. To the extent that Company is required to provide indemnification by applicable law, Company, not Apple LLC or Google LLC, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the App or your use of it infringes any third-party intellectual property right.

14. LIMITATION OF LIABILITY AND DATA INTERPRETATION

14.1 BloomIQ Technologies Inc. provides data and insights as part of the Licensed Application, but users are solely responsible for how they interpret and use such data. You acknowledge that BloomIQ Technologies Inc. is not liable for any decisions made based on the data provided.

14.2 Any business losses or gains incurred as a result of using the data provided by BloomIQ Technologies Inc. are solely the responsibility of the user. BloomIQ Technologies Inc. disclaims all liability for any financial, operational, or business outcomes resulting from such decisions. Any decisions or actions made based on our data, analytics, insights, or any other information provided by BloomIQ are the sole responsibility of the user. We are not liable for any losses, damages, or adverse consequences incurred as a result of our Services.

• Our Services are provided "as is" without warranties of any kind.
• We are not liable for indirect, incidental, or consequential damages arising from your use of our Services.
• We are not responsible for service interruptions, data loss, or third-party actions affecting your use of our Services.

15. GOVERNING LAW

This Agreement is governed by and interpreted in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions.

16. TERMINATION

The license is valid until terminated by BloomIQ Technologies Inc. or by You. Your rights under this license will terminate automatically and without notice from BloomIQ Technologies Inc. if You fail to adhere to any term(s) of this license. Upon Licence termination, You shall stop all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.

17. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

BloomIQ Technologies Inc. represents and warrants that BloomIQ Technologies Inc. will comply with applicable third-party terms of agreement when using a Licensed Application.

In accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User License Agreement,' both Apple LLC and Google LLC and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple LLC and Google LLC will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

18. INTELLECTUAL PROPERTY RIGHTS

BloomIQ Technologies Inc. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, BloomIQ Technologies Inc., and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

19. MISCELLANEOUS

19.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

19.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.