Online Terms and Conditions for Data Evaluation

Updated: July 2026

ARITY 875, LLC (“Arity”) PROVIDES ITS PRODUCTS SOLELY ON THE TERMS AND CONDITIONS (THE “TERMS”) SET FORTH BELOW, TOGETHER WITH THE TERMS OF ANY APPLICABLE SCHEDULE WHICH INCORPORATES THESE TERMS (EACH, A “SCHEDULE”). BY SIGNING A SCHEDULE OR OTHERWISE EXECUTING ANY AGREEMENT WHICH INCORPORATES THESE TERMS, CUSTOMER ACCEPTS THESE TERMS AND AGREES THAT CUSTOMER IS LEGALLY BOUND BY SUCH TERMS.

These Terms may be updated from time to time. Customer’s continued use of Arity products after updated Terms have been posted constitutes Customer’s acceptance of such updated Terms.

1. Ownership; Limited Licenses; Analysis.
   a. Ownership. Each party retains all rights in its data. No rights are granted except the limited licenses expressly set forth herein. Feedback may be used by Arity without restriction.
   b. Limited License to Customer. For the Evaluation Period (as set forth on a Schedule), and subject to the restrictions set forth in Section 2 below, Arity hereby grants to Customer a non-exclusive, limited, non-transferable, non-sublicensable license to access and use the Arity Data solely to enable Customer to evaluate the Arity Data for potential purchase and use of Arity’s products in connection with Customer’s internal business purposes and not for commercial use (the “Permitted Purpose”). Customer may use the Arity Data in conjunction with other data controlled by Customer for the Permitted Purpose, subject to the restrictions in Section 2.
   c. Limited License to Arity. If Customer is sharing Customer Data with Arity then, for the Evaluation Period, and subject to the restrictions set forth in Section 2 below, Customer hereby grants to Arity a non-exclusive, limited, non-transferable, non-sublicensable license to access and use the Customer Data solely to enable Arity to provide the evaluation services anticipated by a Schedule. Arity shall not access or use the Customer Data for any other purpose, including without limitation, in any production environment. Arity may use the Customer Data in conjunction with other data controlled by Arity pursuant to the limited license set forth in this section.
   d. Evaluations and Analysis. The evaluations and analysis to be performed hereunder will be provided as set forth in a Schedule.
2. Restrictions and Limitations.
   a. Limitations on Use of Arity Data. Customer will not: (i) copy, modify or create derivative works (including results or reports generated by the Arity Data) of the Arity Data or to combine the Arity Data with other data, except to the extent necessary to generate predictive models or analytics insight for the Permitted Purpose; (ii) use the Arity Data to reidentify or reassociate the Arity Data to identify a natural person, household or vehicle or obtain any Personal Information through its use of the Arity Data; (iii) use the Arity Data in connection with Sensitive Point of Interest, as defined by the National Advertising Institute (NAI Precise Location Information Solution Provider Voluntary Enhanced Standards) and locations where a consumer could reasonably receive health care services, meaning services provided to a person to assess, measure, improve or learn about a person’s past, present or future mental or physical health; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available (directly or indirectly) any Arity Data or any rights to use the Arity Data to any third party; (v) reverse engineer, translate, disassemble, decompile, or decode the Arity Data or any algorithms, methodologies, or software components used by Arity to generate insights from the Arity Data for any purpose, including identifying any individuals or obtaining any Personal Information; (vi) use the Arity Data with open-source software or other technology that would cause the Arity Data or derivatives to, directly or indirectly, require the disclosure, distribution or licensing of the Arity Data or its derivatives under Terms that are inconsistent with the proprietary nature of the Arity Data; (vii) use the Arity Data to train, fine-tune, validate, test, or enhance any machine learning, artificial intelligence, or similar automated model, nor to generate synthetic data or simulated datasets; (viii) process the Arity Data in any manner or for any purpose other than the Permitted Purpose (including, for the avoidance of doubt, using the Arity Data in conjunction with any efforts to evaluate, improve, or create any other similar data or driver scoring technology or services); or (ix) share any Arity Data with law enforcement officials or agencies, unless explicitly required by law (and Customer will provide to Arity notice as soon as practicable upon receipt of such request). Customer shall not access or use the Arity Data for any other purpose, including without limitation, in any production environment or for any of the following purposes: (A) employment eligibility; (B) credit eligibility; (C) health card eligibility; or (D) insurance eligibility, underwriting, or pricing. Customer shall not cache the Arity Data in order to build a repository or otherwise maintain access to the Arity Data beyond the Evaluation Period.
   b. Limitations on Use of Customer Data. If Customer is sharing Customer Data with Arity then Arity shall not transfer, sell, lease, or provide, directly or indirectly, the Customer Data or any portion of the Customer Data, to any third party (except as explicitly permitted hereunder). Arity shall not, except as otherwise expressly provided hereunder: (i) disassemble, translate, reverse engineer, or otherwise decompile the Customer Data or any algorithms or methodologies used by Customer to generate insights from the Customer Data; (ii) use the Customer Data in conjunction with any efforts to evaluate, improve, or create any other similar data or driver scoring technology or services; and (iii) make any attempt to identify any individuals or obtain any Personal Information through its use of the Customer Data. Arity shall not cache the Customer Data in order to build a repository or otherwise maintain access to the Customer Data beyond the Evaluation Period.
3. Term; Termination, and Fees. These Terms apply for the Evaluation Period unless earlier terminated. Either party may terminate for material breach or, in Arity’s case, for convenience upon 10 days’ notice. Fees (if any) are set forth in a Schedule.
4. Confidentiality; Data Security; Privacy Requirements.
   a. Confidentiality. Each party will protect the other’s Confidential Information using reasonable care and will not disclose or use it except as permitted hereunder. Disclosure is permitted to representatives subject to confidentiality obligations. Required disclosures may be made by law with notice where permitted. These obligations survive for 5 years.
   b. Data Security. Each party shall maintain the security of the other party’s Confidential Information (including all data disclosed) in compliance with this section and according to industry-standard security procedures and infrastructure. Each party will implement security practices and procedures appropriate for the nature of the Confidential Information to protect same from unauthorized or illegal access, use, modification, disclosures, or destruction.
   c. Privacy Requirements. For data evaluations of Arity’s Geosight℠ or Arity IQ℠ products the following terms shall apply:
   i. Customer will not combine any Confidential Information with any Personal Information it receives from another source, unless permitted by both these Terms and Data Protection Laws.
   ii. Without limiting the provisions of Section 2(a)(iv), Customer will not Sell any Confidential Information or Share any Arity Data for purposes of Targeted Advertising or Cross-Context Behavioral Advertising (as each of those terms are defined by Data Protection Laws).
   iii. Customer will not Share Confidential Information with any other party, unless: (A) permitted by these Terms; (B) prior written notice is provided to Arity; and (C) Customer has entered into a written agreement with such party containing the same obligations and restrictions on the use, sharing, security, and other Processing of the Confidential Information as set forth hereunder. Customer will notify Arity of any obligation to process Confidential Information to comply with a legal requirement.
   iv. In performing its obligations under Section 9, Customer shall: (i) destroy or return any Confidential Information, including deleting or rendering unusable all electronic files and data that contain Confidential Information; and (ii) ensure that any Confidential Information disclosed by Customer to any other additional parties is also deleted, destroyed, or returned in accordance with this provision.
   v. Customer will comply with all applicable Data Protection Laws and will cooperate with Arity in a timely manner regarding Arity’s compliance obligations under Data Protection Laws.
   vi. In addition to the requirements of 2(a)(v), with regard to any de-identified or anonymized Confidential Information provided to Customer, Customer will comply with all requirements imposed by these Terms and any requirements contained in any Data Protection Laws relating to the processing of such Confidential Information, including all measures needed to prevent or prohibit the re-identification of the Confidential Information.
5. Publicity Restrictions. Neither party shall use the other party’s name, logo, or trademarks without prior written consent.
6. Limited Warranties and Disclaimers. Each party represents and warrants to the other party that it will comply with applicable laws. CUSTOMER ACKNOWLEDGES THAT ARITY IS PROVIDING THE ARITY DATA “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, ARITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE ARITY DATA.
7. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH THE EXCEPTION OF A BREACH OF CONFIDENTIALITY UNDER SECTION 5 OR A VIOLATION OF OWNERSHIP RIGHTS, RESTRICTIONS OR INTELLECTUAL PROPERTY RIGHTS UNDER SECTIONS 1 AND 2, THE AGGREGATE LIABILITY FOR EACH PARTY AND ITS AFFILIATES FOR ANY CLAIM HEREUNDER IS LIMITED TO $1,000. CUSTOMER ACKNOWLEDGES THAT ALLOCATION OF RISKS AS SET FORTH HEREIN ARE ESSENTIAL TO THE BASIS OF THIS AGREEMENT.
8. Indemnification. Each party shall fully indemnify, hold harmless, and defend the other from and against all third-party claims that result from: (a) such party’s access, use, or transfer of the other party’s data; (b) such party’s breach of any of the provisions of these Terms; or (c) such party’s violation of or noncompliance with any laws, regulations or ordinances. As a condition to indemnification, the party seeking indemnification (the “Indemnified party”) must: (i) provide the other party (the “Indemnifying party”) with prompt written notice of any claim; (ii) provide reasonable assistance as requested by the Indemnifying party; and (iii) permit the Indemnifying party to direct and control the defense and settlement negotiations, provided that the Indemnified party may participate with counsel of its choice at its own expense. The Indemnifying party shall not settle any claim without the prior written consent of the Indemnified party, except that such consent shall not be required if the settlement: (x) involves only the payment of monetary damages for which the Indemnifying party is responsible; (y) contains a full and unconditional release of the Indemnified party from all liability; and (z) does not impose any admission of wrongdoing, equitable relief, or ongoing obligations on the Indemnified party.
9. Destruction. Except as may otherwise be specified in a Schedule, immediately upon termination of the Evaluation Period, each party shall cease all use of the other party’s data and shall destroy all copies of the other party’s data and all derivatives thereof. Each party shall provide an executed certificate evidencing such destruction within 7 business days of termination of the Evaluation Period.
10. Notices. Notices must be in writing and sent to the addresses set forth in a Schedule.
11. Definitions.
    a. A party’s “Affiliates” are entities that, now or in the future, directly or indirectly control, are controlled by, or are under common control with that party.
    b. “Confidential Information” means non-public information disclosed hereunder, excluding information that is publicly available, independently developed, or lawfully received from a third party.
    c. “Data Protection Laws” means all applicable laws and regulations governing Personal Information.
    d. “Personal Information” means data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked directly or indirectly with a natural person.
12. General Provisions.
    a. The parties are independent contractors.
    b. Neither party may assign the rights hereunder without the other party’s prior written consent, which shall not be unreasonably withheld or delayed. A change of control shall be deemed an assignment.
    c. These Terms are governed by the laws of the state of Illinois.
    d. The Terms as incorporated by a Schedule make up the entire agreement between the parties. No amendment or modification to a Schedule will be effective unless it is in writing and signed by both parties.
    e. The headings herein are for convenience only and shall not be construed to affect the construction or interpretation of any Terms. All provisions that are intended to survive termination of the Evaluation Period will survive any such termination.
    f. If any provision of these Terms is held to be unenforceable in any jurisdiction, that provision will be ineffective as to that jurisdiction to the extent of the invalidity or unenforceability and without invalidating any other provision. Any such invalidity or unenforceability shall not render that provision ineffective in any other jurisdiction.