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DEBTB00WS GENERAL TERMS & CONDITIONS
<br />Please carefully read these General Terms and Conditions (these "Terns & Condltlons") which govern the
<br />Customer's access and use of the Services described in the Order Form.
<br />By executing the Order Form and using any of the Services, the Customer agrees to be bound by these Terms.
<br />1. Definitions.
<br />"Aggregated Statistics" means data and information related to Customer's use of the Services that is
<br />used by DebtBook in an aggregate and anonymized manner, including statistical and performance information
<br />related to the Services.
<br />"Agreement" means, collectively and to the extent applicable, the Order Form, any Customer Terms,
<br />these Terms & Conditions, and the Incorporated Documents, in each case as may be amended from time to
<br />time in accordance with their terms.
<br />"Application Services" means DebtBook's debt and lease management software-as-aservice
<br />application.
<br />"Appropriate Security Measures" means, collectively, commercially reasonable technical and physical
<br />controls and safeguards intended to protect Customer Data against destruction, loss, unauthorized disclosure,
<br />or unauthorized access by employees or contractors employed by DebtBook.
<br />"Authorized User" means any of Customer's employees, consultants, contractors, or agents who are
<br />authorized by Customer to access and use any of the Services.
<br />"Customer" means the person or entity purchasing the Services as identified in the Order Form.
<br />"Customer Data" means, other than Aggregated Statistics, information, data, and other content, in any
<br />form or medium, that is transmitted by or on behalf of Customer or an Authorized User through the Services.
<br />"Customer To"" means any terms or agreements provided by Customer and applicable to the
<br />Services but only to the extent such terms or agreements are expressly referenced and incorporated into the
<br />Order Form. For the avoidance of doubt, "Customer Terms" does not include any purchase order or similar
<br />document generated by Customer unless such document is expressly referenced and incorporated into the
<br />Order Form.
<br />"DebtBook' means Fifth Asset, Inc., d/b/a DebtBook, a Delaware corporation, and its permitted
<br />successor and assigns.
<br />"DebtBook IP" means (1) the Services, Documentation, and Feedback, including all ideas, concepts,
<br />discoveries, strategies, analyses, research, developments, improvements, data, materials, products,
<br />documents, works of authorship, processes, procedures, designs, techniques, inventions, and other intellectual
<br />property, whether or not patentable or copyrightable, and all embodiments and derivative works of each of the
<br />foregoing in any farm and media, that are developed, generated or produced by DebtBook arising from or
<br />related to the Services, Documentation, or Feedback; and (2) any intellectual property provided to Customer or
<br />any Authorized User in connection with the foregoing other than Customer Data.
<br />"Documentation" means DebtBook's end user documentation and content, regardless of media,
<br />relating to the Services made available from time to time on DebtBook's website at
<br />https".//support.debtbook.com.
<br />"Feedback" means any comments, questions, suggestions, or similar feedback transmitted in any
<br />manner to DebtBook, including suggestions for new features, functionality, or changes to the DebtBook IP.
<br />"GovemingState" means, if Customer is a governmental entity, the state in which Customer is located.
<br />Otherwise, "Governing State" means the State of North Carolina.
<br />"Implementation Services" means onboarding and implementation services, including entry of
<br />relevant data, as necessary to make the Application Services available to the Customer during the Initial Term.
<br />"Incorporated Documents" means, collectively, the Privacy Policy, the Documentation, the SLA, and
<br />the Usage Policy, as each may be updated from time to time in accordance with their terms. The Incorporated
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