General Terms and Conditions v2025.9

INFI Terms & Conditions(v2025.9)

These General Terms and Conditions (these Terms), together with any Purchase Order, Order Form, Statement of Work or other similar document (in paper or electronic form) issued to Customer by INFI (each, an Order), govern the sale and/or licensing (as applicable) of any Product described in such applicable Order. All references in these Terms to INFI, Company, we, us, our and the like refer to INFI USA, Inc., a Delaware corporation. All references to Customer, you, your and the like refer to the buyer or customer of any Product specified in the applicable Order. Product, as used in these Terms means (a) Hardware, which includes the hardware we have delivered to you, and the firmware and software embedded or preloaded in that hardware (such as the hardware operating system) (Firmware), and (b) Software Service, which comprises our delivery of access to our software platform for use with the Hardware, on a software-as-a service basis. Use of the Products comprises acceptance of these Terms. Party or Parties means each of INFI and Customer. Certain capitalized terms that are not defined in these Terms as they appear in the text are defined in Section 11 below. This Agreement refers, collectively, to these Terms, any applicable Order, and any written exhibit, attachment to any such Order or referenced in a hyperlink included in these terms.

WITHOUT LIMITING ANYTHING IN THIS AGREEMENT OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY OR THEIR RELATED PARTIES BE LIABLE FOR ANY OF THE FOLLOWING: (I) DIRECT DAMAGES IN EXCESS OF THE ACTUAL PURCHASE PRICE AND/OR FEE(S) PAID BY CUSTOMER DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE APPLICABLE CLAIM AROSE, (II) ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES INTEND THAT THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS SECTION SHALL BE VALID AND ENFORCED EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE. FOR THE AVOIDANCE OF DOUBT, INFI IS NOT RESPONSIBLE FOR ANY LOSSES OR INJURIES ARISING FROM THE SELECTION, INSTALLATION, OPERATION, CONDITION, POSSESSION OR USE OF THE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AN ACTION THAT CUSTOMER BRINGS AGAINST INFI FOR BREACH OF THESE TERMS OR FOR ANY OTHER CLAIM THAT ARISES OUT OF OR RELATES TO THE PRODUCTS OR THEIR DESIGN, MANUFACTURE, SALE OR DELIVERY MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.

Authorized User means a unique, identifiable employee or agent of Customer who Customer authorizes to have access to the Software Service.

Confidential Information means all trade secrets confidential and/or proprietary documents and information that a Party or its representatives (each, Disclosing Party) has provided or will provide or otherwise has made or will make accessible to the other Party or its representatives (each, a Receiving Party) whether tangible or intangible, and in whatever form or medium. Notwithstanding the foregoing, Confidential Information shall not include any information that a Receiving Party proves, bearing the burden of proof, at the time of disclosure, is or was generally available to the public, and without violation of these terms, that becomes available to the Receiving Party from a third party that is not prohibited from disclosing such information, or that was developed without access to or use of the Disclosing Party’s Confidential Information. For the avoidance of doubt, it is acknowledged that all INFI Intellectual Property (other than as published or otherwise made publicly available with respect to any registration or application of such Intellectual Property), and all source code, algorithms and proprietary information relating to the technology of any Product is INFI’s Confidential Information.

Feedback means any suggestion, enhancement request, recommendation, correction or other feedback relating to any of the Products that Customer or any of its Authorized Users provide to INFI.

Harmful Code means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any computer, software, firmware, hardware, system, or network; or any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or prevent Customer or any Authorized User from accessing or using the Software Service.

Intellectual Property or means any patent, copyright, trademark, service mark, trade secret, confidential information, or other intellectual property of any nature or kind belonging to, or controlled by, a person or entity, whether protected, created, or arising under any United States federal, state or local law, or under any federal, state or local law of any other country, or under any international treaty or convention, and all right, title and interest therein and thereto.

12. SMS Communications Terms.

By providing your phone number and opting in through our website forms or other consent methods, Customer agrees to receive SMS (text) messages from INFI related to customer support, onboarding, service updates, and account notifications.

a. Message Frequency. Message frequency varies based on Customer’s interactions with the Products and services and may include recurring messages.

b. Message and Data Rates. Message and data rates may apply depending on Customer’s mobile carrier and plan.

c. Opt-Out Instructions. Customer may opt out of receiving SMS messages at any time by replying STOP to any message. Upon opting out, Customer will no longer receive SMS communications unless Customer re-subscribes in accordance with applicable consent requirements.

d. Help Instructions. For assistance, Customer may reply HELP to any message or contact INFI at support@infi.us.

e. Customer Support Contact. Customer may contact INFI for support regarding SMS communications at support@infi.us.

f. Privacy Policy. All SMS communications and related data will be handled in accordance with INFI’s Privacy Policy, available at https://infi.us/privacy-policy/.

g. Carrier Disclaimer. Carriers are not liable for delayed or undelivered messages.

h. Consent Not Required for Purchase. Consent to receive SMS messages is not a condition of purchase of any Product or service.