EnviroByte End User License Agreement (EULA)

This End User License Agreement ("Agreement") is a legal agreement between you ("End User" or "you") and EnviroByte Inc. ("EnviroByte," "we," "us," or "our"), governing your use of EnviroByte’s enterprise software and services, including but not limited to EmissionX, OpenPEMS, DataPivot, Decarb, and RIM (collectively, the "Software"). By creating an account, accessing, or using the Software, you agree to this Agreement. If you do not agree, you may not access or use the Software.

Your access is provided under a separate contract between EnviroByte and your employer or organization (the "Customer Agreement"). This Agreement governs your individual use of the Software; in case of conflict, the Customer Agreement prevails for organizational obligations.

EnviroByte grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Software solely:

• • on behalf of the Customer;
• • for the Customer’s internal business, compliance, environmental, or data management purposes; and
• • in accordance with this Agreement and the Customer Agreement.

You agree not to:

• • copy, reproduce, or distribute the Software or related materials;
• • modify, decompile, disassemble, or reverse engineer the Software;
• • attempt to derive the source code or underlying algorithms;
• • use the Software to build competing products;
• • share or resell access credentials; or
• • use the Software for any unlawful or unauthorized purpose.

EnviroByte reserves the right to suspend or terminate accounts for misuse or violation of these terms.

EnviroByte may collect technical and diagnostic information, including logs, performance data, and aggregated usage metrics, to improve product performance, reliability, and security. Collected data does not include Customer operational or proprietary data, except as necessary for providing support or resolving technical issues. All data handling complies with the EnviroByte Privacy Policy.

You must maintain the confidentiality of all non-public information accessible through the Software, including Customer data, credentials, and system information. Unauthorized disclosure, sharing, or copying is prohibited.

EnviroByte retains all rights, title, and interest in and to the Software, including its source code, design, algorithms, and documentation. You acquire no ownership rights through use.

Any feedback, suggestions, or improvement ideas you submit may be used by EnviroByte without restriction or compensation.

All Customer-provided or generated data, including emissions, operational, compliance, and facility data, remains the property of the Customer. EnviroByte acts as a data processor and will not use Customer data for unrelated purposes.

You agree to comply with all applicable export laws and regulations of Canada and other jurisdictions when using the Software. You may not export or re-export the Software to restricted countries or entities under Canadian or international law.

EnviroByte may suspend or terminate your access immediately if:

• • you violate this Agreement;
• • your employment or authorization under the Customer ends; or
• • the Customer Agreement is terminated.

Upon termination, you must stop using the Software and delete any access credentials or related materials.

The Software is provided “as is” and “as available.” EnviroByte makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement.

To the fullest extent permitted by law, EnviroByte shall not be liable for indirect, incidental, consequential, or punitive damages arising from your use of the Software. EnviroByte’s total cumulative liability under this Agreement shall not exceed the amount paid by the Customer under the Customer Agreement during the 12 months preceding the event giving rise to the claim.

EnviroByte may provide updates, enhancements, or patches to the Software. All updates are governed by this same Agreement unless accompanied by a new license agreement.

The Software may integrate with third-party platforms (e.g., Azure, AWS, GCP, SFTP, or databases). You must comply with those third-party providers’ terms. EnviroByte is not responsible for availability, data integrity, or changes made by third-party services.

EnviroByte reserves the right to monitor system usage and access logs to ensure compliance with this Agreement and applicable laws. Such monitoring will be limited to what is necessary for security and audit purposes.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the applicable laws of Canada. You agree to submit to the exclusive jurisdiction of the courts located in Alberta.

EnviroByte may update this Agreement periodically. Continued use of the Software after updates constitutes acceptance of the new terms. The latest version will always be available at [Insert Website URL].