End User Services Agreement

Overview

SiteMax Systems Inc. ("SiteMax", "we", "us", or "our") offers a cloud-based construction site management platform (the "Solution"). This End User Services Agreement ("EUSA") governs your individual access to and use of the Solution. By accessing or using the Solution, you acknowledge that you have read, understood, and agree to be bound by this EUSA, which is incorporated into and forms part of the agreement between SiteMax and the organisation that has licensed the Solution on your behalf (the "Customer").

Scope

This EUSA applies to you if you are:

• An employee of an organisation that has entered into a valid agreement with SiteMax for access to the Solution; or
• An approved contractor or collaborator granted access to the Solution by such an organisation.

Access to the Solution is provided through SiteMax's website, web application, and mobile applications. Your continued use of the Solution constitutes your ongoing acceptance of this EUSA.

Permitted Use ("Do's")

When using the Solution, you are encouraged and expected to:

• Enter accurate and timely daily site activities, observations, and records;
• Post images, messages, and content that are professional, constructive, and respectful of others;
• Contribute meaningfully to project tracking, reporting, and team communication;
• Comment constructively on work, tasks, and project progress;
• Keep your information, profile, and submitted data current and accurate;
• Involve relevant team members and share appropriate content to support project objectives;
• Protect the confidentiality of your login credentials and report any suspected unauthorised access immediately.

Prohibited Use ("Don'ts")

When using the Solution, you must not:

• Post images, messages, videos, or other content that is defamatory, discriminatory, harassing, obscene, or otherwise offensive or unlawful;
• Use the Solution for any commercial purpose beyond the scope of your employment or engagement with the Customer;
• Create or submit fictitious, fabricated, or misleading content, records, or data;
• Misrepresent yourself, your company, other individuals, or project information;
• Use profane, abusive, or inappropriate language or imagery;
• Disclose confidential information belonging to the Customer, SiteMax, or any third party without authorisation;
• Log in to the Solution from a device you do not own or are not authorised to use;
• Access or attempt to access any account other than the account created expressly for you;
• Attempt to reverse-engineer, decompile, or otherwise derive source code from the Solution;
• Use the Solution in any way that violates applicable laws or regulations.

Ownership & Licensing

SiteMax retains all ownership, title, and intellectual property rights in and to the Solution, including all software, applications, interfaces, content, and documentation. Nothing in this EUSA transfers any ownership rights to you.

Subject to your compliance with this EUSA, SiteMax grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Solution solely for the purposes of your employment or engagement with the Customer and in accordance with this EUSA.

Your right to access the Solution is contingent on the Customer maintaining a valid and active subscription with SiteMax. Upon termination or cancellation of the Customer's subscription, or upon the termination of your employment or engagement with the Customer, your access to the Solution will immediately cease.

Data and Privacy

Any personal information you provide when using the Solution is handled in accordance with SiteMax's Privacy Policy. Data you enter into the Solution in the course of your work remains the property of the Customer and is subject to the data handling provisions of the Customer's agreement with SiteMax.

You are responsible for ensuring that any information you enter into the Solution is accurate and that you have the necessary authorisation to submit it, including any personal information relating to other individuals.

Limitation of Liability

THE SOLUTION IS PROVIDED ON AN "AS-IS, AS-AVAILABLE" BASIS. SITEMAX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SITEMAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOLUTION, EVEN IF SITEMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall SiteMax's total liability to you for all claims arising under this EUSA exceed the amounts paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.

Modifications

SiteMax reserves the right to update or modify this EUSA at any time. Where changes materially affect your rights or obligations, SiteMax will provide reasonable prior notice. Your continued use of the Solution following any such notice constitutes your acceptance of the revised EUSA. If you do not agree to the revised terms, you must discontinue use of the Solution and notify the Customer.

Governing Law

This EUSA and any dispute or claim arising in connection with it shall be governed by the laws of British Columbia and Canada. Any disputes shall be subject to the exclusive jurisdiction of the Provincial and Federal Courts of British Columbia.