Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between CommandOS™ ("Company," "we," "our," or "us") and the fire department, EMS agency, or other public safety organization ("Department," "you," or "your") accessing or using the CommandOS™ platform, website, and related services (collectively, the "Services").

By executing a Service Agreement, creating an account, or otherwise accessing the Services, the Department agrees to be bound by these Terms. If you are entering into these Terms on behalf of a Department, you represent that you have the authority to bind that organization to these Terms.

These Terms should be read in conjunction with any executed Service Agreement, which governs the specific scope, pricing, and duration of your subscription.

CommandOS™ provides a cloud-based SaaS operational support platform designed exclusively for Fire and EMS departments. The platform includes modules for command and dispatch, incident reporting, training and certification management, personnel administration, inventory and equipment tracking, and inter-department communication, subject to the tier and modules selected in your Service Agreement.

We reserve the right to modify, enhance, or discontinue features of the Services with reasonable notice. Material changes that reduce core functionality will be communicated at least 30 days in advance.

3.1 Department Administrator Each Department must designate at least one authorized administrator responsible for managing user access, configuring the platform, and ensuring compliance with these Terms.

3.2 User Credentials Departments are responsible for maintaining the confidentiality of all login credentials issued to their personnel. You agree to notify us immediately at [email protected] upon discovery of any unauthorized access or suspected breach.

3.3 Authorized Users Access to the platform is limited to active personnel of the subscribing Department. Sharing credentials with individuals outside the Department or using the platform for purposes other than internal departmental operations is strictly prohibited.

3.4 Account Suspension We reserve the right to suspend or terminate access to accounts that violate these Terms, engage in unauthorized use, or pose a security risk to the platform or other users.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

— Upload, transmit, or store data that violates any applicable federal, state, or local law or regulation — Attempt to gain unauthorized access to any portion of the Services or any other system connected to the Services — Introduce malware, viruses, or other malicious code into the platform — Use the Services to store or transmit protected health information (PHI) beyond what is covered under an executed Business Associate Agreement (BAA) — Reverse engineer, decompile, or disassemble any portion of the platform — Resell, sublicense, or otherwise transfer access to the Services to any third party — Use the Services in a manner that could damage, disable, overburden, or impair the platform's infrastructure — Attempt to circumvent any security or access control mechanism

Violations of this policy may result in immediate suspension of access and potential legal action.

5.1 Department Data All incident reports, training records, personnel data, and other operational data entered into the platform by your Department ("Department Data") remain the exclusive property of the Department. CommandOS™ claims no ownership rights over Department Data.

5.2 License to Process By using the Services, you grant CommandOS™ a limited, non-exclusive license to process, store, and transmit Department Data solely for the purpose of providing the Services as described in these Terms and your Service Agreement.

5.3 Aggregated Data We may use anonymized, aggregated, and de-identified data derived from platform usage to improve our Services, conduct research, and generate industry benchmarks. This data will not identify your Department or any individual.

5.4 Data Export Departments may export their data at any time during an active subscription. Upon termination, a 30-day export window is provided before data deletion (see Privacy Policy, Section 6).

The CommandOS™ platform, including its software, design, architecture, trademarks, logos, and all associated intellectual property, is owned exclusively by CommandOS™ and protected by applicable intellectual property laws.

Nothing in these Terms grants you any ownership interest in the platform. Your right to use the Services is limited to the license granted under your Service Agreement and is conditioned on compliance with these Terms.

You may not reproduce, modify, distribute, or create derivative works based on the CommandOS™ platform or any of its components without prior written consent.

7.1 Pricing Fees for the Services are set forth in your executed Service Agreement. CommandOS™ does not publish standard pricing publicly; all pricing is customized based on department size, selected modules, and contract terms.

7.2 Payment Terms Payment terms, including due dates, accepted payment methods, and installment options (where applicable), are specified in the Service Agreement. Overdue balances may accrue interest at the rate specified therein.

7.3 Government Procurement We understand that government departments operate on fiscal-year budget cycles. We work with Departments to align billing schedules with procurement requirements. Contact us at [email protected] to discuss payment structures.

7.4 Taxes Fees do not include applicable taxes. Departments are responsible for any sales, use, or similar taxes applicable to the Services, except where the Department holds a valid tax-exempt status, in which case a copy of the exemption certificate must be provided.

Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Services ("Confidential Information"). Each party agrees to:

— Use Confidential Information only for the purposes of performing obligations under these Terms — Protect Confidential Information with at least the same degree of care used to protect its own confidential information, but no less than reasonable care — Not disclose Confidential Information to third parties without prior written consent, except as required by law

This obligation does not apply to information that is publicly available, independently developed, or lawfully obtained from a third party without restriction.

9.1 Our Warranty We warrant that the Services will perform materially in accordance with the documentation provided in your Service Agreement during the subscription term. In the event of a material failure, our sole obligation is to use commercially reasonable efforts to correct the issue or provide a workaround.

9.2 Disclaimer EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or free from security vulnerabilities. The Services are not intended to replace or substitute for any emergency dispatch system, CAD system, or life-safety infrastructure.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMANDOS™ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOUR DEPARTMENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless CommandOS™ and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

— Your violation of these Terms — Your misuse of the Services — Any Department Data that infringes the rights of a third party — Your violation of any applicable law or regulation

CommandOS™ will provide prompt written notice of any claim subject to indemnification and will cooperate reasonably in the defense of such claim.

12.1 Term These Terms remain in effect for the duration of your active Service Agreement and any renewals thereof.

12.2 Termination for Cause Either party may terminate the Service Agreement and these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice.

12.3 Termination for Convenience Termination for convenience is governed by the terms of your Service Agreement.

12.4 Effect of Termination Upon termination: (a) your access to the Services will be suspended; (b) you will have 30 days to export Department Data; (c) all outstanding fees become immediately due; and (d) provisions that by their nature should survive termination (including Sections 5, 6, 8, 9, 10, 11) will remain in effect.

These Terms are governed by and construed in accordance with the laws of the United States and the state in which CommandOS™ is incorporated, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

Nothing in this section limits a Department's rights under applicable state or federal government contracting laws.

Entire Agreement: These Terms, together with your executed Service Agreement and any applicable addenda (including BAAs), constitute the entire agreement between the parties regarding the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in the future.

Assignment: You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure: Neither party is liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, government actions, or infrastructure failures.

Amendments: We may update these Terms with 30 days' written notice to active Departments. Continued use after the effective date constitutes acceptance.

For questions regarding these Terms of Service, please contact:

CommandOS™ — Legal Department Email: [email protected] Website: commandoperatingsystem.com

For urgent security or compliance matters, please mark your communication "URGENT – LEGAL" in the subject line.