End User License Agreement Last updated: 7/17/2026 This End User License Agreement ("Agreement") is a binding legal agreement between you ("you," "your," or "Licensee"), whether an individual or a single entity, and Cactus.ai Inc ("Cactus," "we," "us," or "our") governing your use of Cactus Restaurant Management Software, including any associated software, documentation, updates, and related services (collectively, the "Software"). By downloading, installing, accessing, purchasing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not download, install, access, or use the Software. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement, in which case "you" refers to that entity. 1. Definitions "Software" means the Cactus application, in object code form only, together with any updates, upgrades, patches, bug fixes, and accompanying documentation provided by us. "Documentation" means any user guides, manuals, or other materials we provide describing the operation or use of the Software. "License Key" means any activation code, serial number, license file, or credential we provide to enable your use of the Software. "Subscription Term" means the period for which you have paid the applicable fees and are authorized to use the Software. 2. License Grant Subject to your compliance with this Agreement and your payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely for your internal business purposes during the applicable Subscription Term. The specific scope of your license - including the number of permitted users, installations, devices, seats, or environments - is determined by the plan or tier you have purchased and any order form or receipt associated with your purchase. 3. License Restrictions The Software is licensed, not sold. You are granted only the rights expressly set out in this Agreement, and no other rights are granted by implication or otherwise. You shall not, and shall not permit any third party to: •copy, reproduce, or distribute the Software except as expressly permitted herein; •sell, rent, lease, lend, sublicense, assign, or otherwise transfer the Software or your rights under this Agreement to any third party; •reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of the Software, except to the extent this restriction is expressly prohibited by applicable law; •modify, adapt, translate, or create derivative works based on the Software; •remove, alter, or obscure any proprietary notices, labels, trademarks, or copyright notices contained in or on the Software; •circumvent, disable, or otherwise interfere with any license enforcement, security, or access-control features of the Software; •share, publish, or transfer any License Key, or use the Software beyond the scope authorized by your License Key; •use the Software to develop a competing product or service; •use the Software in any manner that violates applicable law or the rights of any third party. 4. Ownership and Intellectual Property The Software is proprietary and closed source. All right, title, and interest in and to the Software - including all intellectual property rights therein, and all copies, modifications, and derivative works thereof - are and shall remain the exclusive property of Cactus and its licensors. This Agreement does not transfer to you any ownership interest in the Software. You acknowledge that the Software contains valuable trade secrets and confidential information belonging to Cactus. All rights not expressly granted to you in this Agreement are reserved by us. 5. Fees and Payment Access to and use of the Software requires payment of the applicable fees as described at the point of purchase or in your order form. [Fees are billed on a one-time / recurring subscription basis as specified in your plan.] Unless otherwise stated, all fees are non-refundable except as required by applicable law or as expressly provided in Section [X]. You are responsible for all taxes associated with your purchase, other than taxes based on our net income. Your subscription will automatically renew at the end of each Subscription Term unless cancelled in accordance with our cancellation procedures. We may change our fees upon reasonable notice, with any changes taking effect at the start of the next Subscription Term. Failure to pay applicable fees when due may result in suspension or termination of your license. 6. Updates and Support We may, at our discretion, provide updates, upgrades, or new versions of the Software. Any such updates are subject to this Agreement unless accompanied by separate terms. We are under no obligation to provide any updates, maintenance, or support except as expressly agreed in a separate support or maintenance agreement or as included in your purchased plan. 7. Third-Party Components The Software may include or rely upon third-party software components that are subject to their own license terms. Such terms are made available in the Documentation or accompanying notices, and your use of those components is governed by those terms in addition to this Agreement. 8. Term and Termination This Agreement is effective upon your acceptance and continues until terminated. Your license terminates automatically at the end of the applicable Subscription Term unless renewed. We may suspend or terminate this Agreement and your license immediately if you breach any term of this Agreement. Upon termination for any reason, you must cease all use of the Software and destroy or delete all copies of the Software in your possession or control. Sections of this Agreement that by their nature should survive termination - including Ownership, Disclaimer of Warranties, Limitation of Liability, and Governing Law - shall survive. 9. Disclaimer of Warranties THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CACTUS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Software will meet your requirements, operate without interruption, be error-free, or be secure. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. 10. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CACTUS, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE [TWELVE (12)] MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you. 11. Indemnification You agree to indemnify, defend, and hold harmless Cactus and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Software in violation of this Agreement or applicable law. 12. Export Compliance You agree to comply with all applicable export and re-export control laws and regulations, and you represent that you are not located in, and will not use the Software in, any jurisdiction subject to embargo or restriction under such laws, and that you are not a party with whom dealings are prohibited under applicable law. 13. Governing Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the laws of United States of America, without regard to its conflict of laws principles. You agree that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Delaware, USA. 14. General Provisions Entire Agreement. This Agreement, together with any order form or plan documentation, constitutes the entire agreement between you and us regarding the Software and supersedes all prior agreements and understandings. Amendments. We may modify this Agreement from time to time. Material changes will be communicated by [posting the updated Agreement on our website / notifying you], and your continued use of the Software after such changes take effect constitutes acceptance of the revised Agreement. Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction. Severability. If any provision of this Agreement is held to be unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of that or any other provision. Force Majeure. We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control. 15. Contact If you have any questions about this Agreement, please contact us at: Cactus.ai Inc 126, College Avenue, Somerville www.trycactus.ai