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Topsail® Topsail Terms of Service General terms for using the Topsail platform. Latest revision: September 29, 2026 About these terms These Terms of Service (“Terms”) govern use of the Topsail software-as-a-service platform and related services (“Services”) provided by Easy Company Consulting, LLC d/b/a Topsail (“Company,” “Topsail,” “we,” or “us”) to the customer using the Services (“Customer,” or “you”). Implementation Services means implementation assistance expressly agreed in a separate signed statement of work. These Terms and the applicable SaaS Services Order Form (“Order Form”) together form the “Agreement.” If a separate signed customer agreement or Order Form conflicts with these Terms, that signed agreement or Order Form controls to the extent of the conflict. The Topsail Privacy Policy describes how we handle personal information. Use of connected integrations is also subject to the applicable integration terms, including the TikTok Integration Terms, Outlook and Microsoft 365 Terms, and Google Workspace Integration Terms. Those integration terms address the connected integration; these Terms address the general platform. A separate signed customer agreement controls in the event of a conflict. 1. SaaS services and support a. Subject to this Agreement, Company will use commercially reasonable efforts to provide Customer the Services described in Exhibit A. b. Specific service-level and support commitments apply only when included in a separate signed customer agreement. Exhibits B and C explain how those commitments are established. 2. Restrictions And Responsibilities a. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. b. Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The Software and documentation are commercial computer software and commercial computer software documentation. U.S. Government rights are governed by this Agreement to the extent consistent with applicable law, including FAR 12.212 and DFARS 227.7202. c. Customer represents, covenants, and warrants that Customer will use the Services in compliance with all applicable laws and regulations, and will not use the Services to send unlawful, infringing, or deceptive content, or to interfere with or compromise the security or operation of the Services. Customer agrees to indemnify and hold harmless Company against damages, losses, liabilities, settlements, and expenses (including reasonable attorneys’ fees) arising from Customer’s violation of this Section or Customer’s use of the Services in violation of applicable law. Although Company has no obligation to monitor Customer’s use, Company may do so and may prohibit any use it believes violates the foregoing. d. Company IP Indemnity. Company will defend, indemnify, and hold harmless Customer from and against any third-party claim alleging that the Services, as provided by Company and used by Customer in accordance with this Agreement, infringe or misappropriate such third party’s U.S. intellectual property rights, and will pay damages finally awarded (or amounts agreed in settlement) attributable to such claim, provided Customer: (a) promptly notifies Company in writing; (b) gives Company sole control of the defense and settlement; and (c) provides reasonable cooperation. i. Exclusions. Company has no obligation to the extent a claim arises from: (i) Customer Data; (ii) use of the Services in violation of this Agreement or law; (iii) modifications not made by Company; or (iv) combination with products/services not provided by Company where the claim would not have arisen but for such combination. ii. Remedy. If the Services become (or are likely to become) the subject of a claim, Company may: (1) procure the right for Customer to continue using the Services; (2) modify/replace to be non-infringing; or (3) terminate the affected Services and refund unused prepaid Fees for the terminated portion. iii. Cap. Company’s total liability under this Company IP Indemnity will not exceed the Fees paid by Customer under this Agreement in the twelve (12) months preceding the event giving rise to the claim. e. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. 3. Confidentiality; Proprietary Rights a. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The foregoing confidentiality obligations will continue for five (5) years following disclosure; provided that confidentiality obligations with respect to Customer Data and either party’s trade secrets will survive for so long as such information remains Customer Data or a trade secret under applicable law. b. Customer shall own all right, title and interest in and to the Customer Data as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services, Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing. c. Company will maintain administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, and destruction, including (i) encryption of Customer Data in transit and at rest (where supported by Company’s systems), (ii) role-based access controls and least-privilege access for Company personnel, and (iii) reasonable vulnerability management and backup practices. In the event Company becomes aware of a Security Incident affecting Customer Data, Company will notify Customer without undue delay and in any event within seventy-two (72) hours after confirmation of such Security Incident, and will provide information reasonably necessary for Customer to understand the nature of the Security Incident and the measures Company is taking to contain and remediate it, to the extent such information is available. Company will reasonably assist Customer, to the extent applicable to the Services, in responding to valid data subject requests and regulatory inquiries relating to Customer Data. Customer is responsible for determining whether Customer Data includes regulated personal information and for configuring its use of the Services in compliance with applicable law. d. Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. This use and disclosure are subject to the Topsail Privacy Policy and applicable Customer instructions. Customer Data is not used to train general-purpose AI models. 4. Payment Of Fees a. Customer will pay Company the fees described in the Order Form for the Services (the “Fees”). No other fees apply unless expressly set forth in the Order Form. b. The Fees are invoiced in advance. Payment is due fifteen (15) days from invoice date. Unpaid amounts may accrue a finance charge of 2% per month (or the maximum permitted by law, whichever is lower), plus reasonable costs of collection. Company may suspend the Services for nonpayment after notice, and may terminate under Section 5. c. Customer shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. 5. Term And Termination a. This Agreement is for the Initial Service Term specified in the Order Form and will expire automatically at the end of that term unless the parties enter into a separate written agreement. b. Either party may terminate this Agreement for cause upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof; provided that, for nonpayment, Company may terminate this Agreement if Customer fails to cure within ten (10) days after receiving written notice. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon termination, Company will make Customer Data available to Customer for electronic retrieval for a period of thirty (30) days. Thereafter, Company will delete Customer Data from its active systems within ninety (90) days, except to the extent retained in backups or as required by law. Customer acknowledges that deletion of Customer Data from backups occurs on a rolling basis in accordance with Company’s retention practices described in Exhibit D and, for Firebase/Google Cloud underlying systems, may take up to one hundred eighty (180) days (including any applicable recovery period). All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 6. Warranty And Disclaimer a. Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Notwithstanding the foregoing, Company’s obligations with respect to third-party intellectual property claims are as set forth in Section 2(d). 7. Limitation Of Liability a. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EXECUTIVES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, the limitations in this Section 7 do not apply to Company’s obligations under the Company IP Indemnity. 8. Miscellaneous a. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by either party without the other party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed; provided that either party may assign this Agreement without consent to (i) an affiliate, or (ii) a successor in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. Customer may serve as a reference account only with Customer’s prior written consent in each instance. Exhibit A — Services This Exhibit A is incorporated into and forms part of the SaaS Services Order Form and the Agreement between Company and Customer. 1. Services Description a. Company will provide Customer access to the Topsail software-as-a-service platform for sales outreach and pipeline activity management (the “Services”), including tools to (i) identify and manage prospect accounts/leads, (ii) initiate and track outbound outreach, and (iii) organize prospect status and activity within the Services. The number of authorized seats and the Initial Service Term are specified in the applicable Order Form. 2. No Custom Development; No Acceptance Testing a. The Services are provided on a SaaS basis. No custom development, deliverables, or acceptance testing is included unless the parties execute a separate written statement of work signed by both parties. Exhibit B — Service level terms Specific availability targets, measurement periods, maintenance-notice periods, service credits, refunds, and remedies for service-level failures apply only if expressly included in a separate signed customer agreement. These public Terms do not establish an uptime guarantee or service-level remedy. Exhibit C — Support terms Support requests may be directed to support@topsail.app. Specific support hours, telephone support, response or resolution targets, and support remedies apply only if expressly included in a separate signed customer agreement. These public Terms do not establish a fixed support schedule or response-time commitment. Exhibit D — Company policies 1. Purpose; Order Of Precedence; Updates 1.1 Purpose. This Exhibit describes Company’s policies applicable to Customer’s use of the Services, including information security, privacy/data handling, acceptable use, and support (“Company Policies”). 1.2 Order of Precedence. If there is a conflict between these Company Policies and the Agreement/Order Form, the Agreement/Order Form will control to the extent of the conflict. 1.3 Updates. Company may update these Company Policies from time to time; provided that Company will not materially reduce the overall security posture of the Services during the then-current term. Company will provide notice of any material changes by email or within the Services. 2. Information Security Program 2.1 Security Program. Company maintains an information security program designed to protect the confidentiality, integrity, and availability of Customer Data processed by the Services, including administrative, technical, and physical safeguards appropriate to the nature of the Services and the data processed. 2.2 Access Controls. Company uses role-based access controls and the principle of least privilege for internal access to systems processing Customer Data. Administrative access to production systems requires multi-factor authentication (MFA) and is limited to authorized personnel. 2.3 Encryption. Customer Data is encrypted in transit using industry-standard transport encryption (e.g., TLS). Customer Data is encrypted at rest in Company’s production data stores and/or through Company’s cloud infrastructure configurations. 2.4 Subprocessors. Company may use third-party subprocessors (e.g., cloud hosting and related infrastructure providers) to provide portions of the Services. Company remains responsible for its subprocessors’ compliance with applicable obligations under the Agreement. 3. Backups; Data Export; Data Deletion 3.1 Backups (On Request). Backups are available upon Customer request. If requested, Company will configure Firestore managed backups on a daily or weekly schedule with a configurable retention period (up to fourteen (14) weeks). 3.2 Data Export. Customer may export Customer Data for thirty (30) days following termination or expiration of the Agreement. 3.3 Deletion. After the thirty (30)-day export period, Company will delete Customer Data from active systems in accordance with its retention practices. Deletion from backups may occur on a rolling basis and, for Firebase/Google Cloud underlying systems, may take up to one hundred eighty (180) days (including any applicable recovery period). 4. Security Incidents 4.1 Incident Response. Company maintains an incident response process designed to detect, respond to, and mitigate security incidents affecting Customer Data. 4.2 Notice. Security Incident notification is governed by Section 3(c). Company will provide updates as material information becomes available. 4.3 Cooperation. Company will reasonably cooperate with Customer’s investigation and remediation efforts, including providing available information reasonably necessary for Customer to meet applicable notification obligations. 5. Privacy; Data Handling 5.1 Customer Data. Customer remains responsible for the content of Customer Data and for ensuring it has all rights/permissions necessary to provide Customer Data to Company for processing under the Agreement. 5.2 Use of Customer Data. Company will process Customer Data solely to provide, maintain, secure, and support the Services, and as otherwise permitted by the Agreement and Customer’s documented instructions. 6. Acceptable Use 6.1 General. Customer will use the Services only for lawful purposes and in accordance with the Agreement and these Company Policies. 6.2 Prohibited Activities. Customer will not (and will not allow any user to): (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover source code or underlying structure of the Services (except to the extent expressly permitted by applicable law); (b) interfere with or disrupt the integrity or performance of the Services; (c) upload or transmit malware or harmful code; (d) attempt to gain unauthorized access to the Services or related systems/networks; or (e) use the Services in violation of applicable privacy, employment, or anti-discrimination laws. 7. Support 7.1 Support Channels. Support requests may be directed to support@topsail.app or such other address as Company may designate. 7.2 Support Commitments. Specific support hours and response or resolution commitments apply only when set out in a separate signed customer agreement, as described in Exhibit C. 8. Security Questionnaires 8.1 Upon Customer’s reasonable request and subject to confidentiality, Company may provide a high-level description of its security controls and respond to reasonable security questionnaires. Company’s responses to security questionnaires will be reasonable in scope and frequency, and may be limited to information Company can provide without compromising the security of its systems or the confidentiality of other customers. Contact Easy Company Consulting, LLC d/b/a Topsail 1671 NW Albany Avenue, Bend, OR 97703, USA Email: austin@topsail.app