Our "Terms of Use" are provided in English only.

Please review these SaaS Terms of Use (the ‘Main Agreement’) carefully before using the BitaBIZ SaaS Services. The Main Agreement is made between You and BitaBIZ (“BitaBIZ”, “we”, “us” or “our”) that owns and operates the BitaBIZ SaaS Service that you are using or accessing.

BitaBIZ is an easy to use and flexible HR platform with primary focus on time registration, leave & absence, and vacation planning. BitaBIZ can be implemented in 40+ countries, where the BitaBIZ Service meets local leave & absence & time registration rules. BitaBIZ can be integrated with other business systems via API or

via pre-configured out of the box integrations.

The BitaBIZ Services are described and documented in detail in our help center (the ‘Documentation’)

LEGAL FRAMEWORK:

The BitaBIZ SaaS Services are governed by the following documents, which together form the complete legal framework between the parties:

(a) These Terms of Use (Main Agreement) including the Service Level Agreement section 10

(b) The BitaBIZ Data Processing Agreement (DPA)

(c) The BitaBIZ Privacy Policy

(d) Security and Technical Documentation

These documents are incorporated by reference and form an integral part of the Terms.

BY INDICATING YOUR ACCEPTANCE OF THE TERMS (defined below) OR ACCESSING OR USING ANY OF THE BITABIZ SERVICES, YOU AGREE TO BE BOUND BY THE TERMS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE ANY OF THE BITABIZ SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. YOU AGREE THAT THE TERMS, INCLUDING THIS MAIN AGREEMENT, THE DOCUMENTATION AND THE DATA PROCESSING AGREEMENT (REFERRED TO HEREIN) AS WELL AS ANY OTHER ANNEX OR DOCUMENT INCLUDED, REFERRED TO, OR LINKED TO IN THIS MAIN AGREEMENT, TOGETHER CONSTITUTE THE “TERMS” AND ARE THE COMPLETE

AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING BETWEEN YOU AND US, AND THAT IT FULLY REPLACES WRITTEN OR ORAL AGREEMENTS, COMMUNICATIONS AND OTHER UNDERSTANDINGS RELATING TO THE SUBJECT MATTER OF THE TERMS.

For clarity, “You”, “your” or “Customer” means, unless otherwise indicated, your employer or another entity you represent, as applicable. You hereby represent that (a) you have full legal authority to bind your employer or such entity (as applicable) to the Terms; and (b) after having read and understood the Terms, you agree to the Terms on behalf of your employer or the respective entity (as applicable), and the Terms shall bind your employer or such entity that you represent in the relationship with BitaBIZ (as the case may be).

PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE): (I) IF YOU ARE USING YOUR EMPLOYER OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING AN ACCOUNT TO USE THE BITABIZ SAAS SERVICES; OR (II) IF YOU ARE AN ADMIN (AS DEFINED BELOW).

The Terms may be updated by BitaBIZ from time to time. BitaBIZ will provide Customers with at least thirty (30) days prior notice of any material changes to the Terms via the SaaS Service, email notification, or the customer support channels. If the Customer does not agree with the updated Terms, the Customer may

terminate the Subscription before the changes take effect. Continued use of the BitaBIZ SaaS Services after the effective date of updated Terms constitutes acceptance of the revised Terms.

You must register for an account with us to access and use the BitaBIZ SaaS Services. When creating an Account or when you are added into an Account, you: (a) acknowledge that it is your and each user’s responsibility to ensure that such user’s password remains confidential and secure; (b) agree that you are fully responsible for all activities that occur under your Account; and (c) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account and/or any breach of the Terms.

The BitaBIZ SaaS Services require you to specify administrators (“Admin(s)”). An Admin may have the user rights to enable features, products or services which may incur fees or modify your Account and set user usage permissions or subscription termination; integrate or disable integrations with third party products or services; and managing your Data by users or others. You are responsible for whom you allow to become Admins and any actions they take, including as described above. You agree that our responsibilities do not extend to the internal management or administration of your Account on the BitaBIZ SaaS Services on your

behalf.

By signing up for a free test account with BitaBIZ, you agree to receive helpful product emails and other communications about how to get started with BitaBIZ, how to get the most out of your demo use, as well as pricing and new features info. You can unsubscribe from these communications at any time.

Access to the BitaBIZ SaaS Services is subject to the Terms and, for the Subscription Term only (defined below), BitaBIZ grants you a non-exclusive, non-sublicensable non-transferable, time-limited, license to use the out-of-the-box BitaBIZ SaaS Services in accordance with the Documentation for your permitted users only to access and use the BitaBIZ SaaS Services for your internal business purposes and for your affiliates’ business purposes.

BitaBIZ exclusively owns and reserves all rights, titles, and interests in and to the BitaBIZ SaaS Services, the documentation, source code and object code and BitaBIZ’s Intellectual Property and Confidential Information. You exclusively own and reserve all rights, title, and interest in and to your Confidential Information and your data, subject to our right to process your data and Confidential Information in

accordance with the Terms, to provide you with the BitaBIZ SaaS Services and all related services. Except for the limited rights expressly granted above, we reserve all rights, title and interest in and to the BitaBIZ SaaS Services, including all intellectual property rights therein.

No rights are granted to you hereunder other than expressly set forth above in the Terms.

Without limiting the generality of the foregoing, except as otherwise expressly permitted in the Terms, you will not (a) use the BitaBIZ SaaS Services for the benefit of any third party, or permit any third party to use

the BitaBIZ SaaS Services (other than as expressly permitted with respect to your additional users), (b) reproduce, modify, adapt or create derivative works of the BitaBIZ SaaS Services, (c) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Offerings, except to the extent expressly permitted by applicable law (and then only upon advance notice to us), (d) remove or obscure any proprietary or other notices on the BitaBIZ SaaS Services, (e) attempt to gain unauthorized access to the BitaBIZ SaaS Service, interfere with, or otherwise circumvent any security measures or mechanisms intended to limit your use

within the SaaS Services, (f) use the SaaS Service for competitive analysis, product benchmark or to build competitive products; (g) publicly disseminate information regarding the performance of any parts on the BitaBIZ SaaS Services; (h) use the SaaS Service to transmit or store any malicious code, files, scripts, agents

or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses; or (i) encourage or assist any third party to do any of the foregoing.

Role of the Parties

For purposes of applicable data protection laws including the General Data Protection Regulation (EU) 2016/679 (“GDPR”):

Integration with Data Protection Framework:

The BitaBIZ Data Processing Agreement (“DPA”), Privacy Policy, and Security Documentation form an integral and binding part of these Terms.

In the event of conflict between these Terms and the DPA, the provisions of the DPA shall prevail with respect to the processing of Personal Data.

Rights to Customer Data

The Customer owns all records that the Customer has entered and/or created in the BitaBIZ SaaS Services. Subject to the limited rights provided for in the Terms, BitaBIZ has no rights to use data received or generated in conjunction with the fulfilment of the Terms.

Personal Data Protection

The BitaBIZ Terms include by this reference the BitaBIZ Data Processing Agreement (the ‘DPA’) available in our Help Center. The DPA governs all Personal Data protection matters.

Storage of Customer Data

During the subscription period BitaBIZ provides a secure storage and archiving service. During the subscription period BitaBIZ provides a secure backup service.

Data Portability and Data Management

At any time, the Customer will be entitled to export all data and information that has been entered into and/or created in the system to Excel or similar database processing software. Tools to perform such data extractions shall be available to the Customer at any time during the subscription term.

The Customer has access to tools to respond to employee requests to delete personal information, if this information is no longer relevant.

7.1 BitaBIZ will invoice the BitaBIZ SaaS Services on the first day of commencement of a paid subscription and thereafter upon each first day of the calendar quarter in advance based on the following Pricing Metrics:

If applicable, the first invoice will be pro-rated per month to reflect the actual active subscription term during the then-current calendar quarter.

Inactive users can be deleted automatically according to local legislation requirements subject to the settings applied by Customer in the BitaBIZ SaaS Service.

Subscription plans and pricing can be found here: Subscription plan | BitaBIZ Help Center

7.2 Payment terms are 14 days from the invoice date.

7.3 All future improvements to the existing modules and services used by the Customer are included in the subscription fee. New modules and services added will be available if added to the subscription plan.

7.4 All subscription fees are indexed annually by following the CPI index published by Statistics Denmark (www.dst.dk/en/Statistik/emner/oekonomi/prisindeks/nettoprisindeks ) using the February index published early March of each calendar year. The indexed subscription fee shall be invoiced from the following 1st

April until next calendar year.

7.5 Fee Exception for Test Access

Unless otherwise agreed with BitaBIZ, companies may create a free test account for the BitaBIZ SaaS Services at any time from the BitaBIZ website. Unless we agree otherwise, the default duration of your test access is 30 (thirty) calendar days (“test term”). If you need a longer test period, you can request an extension through online support. You may use the BitaBIZ SaaS Services under these Terms and will not be billed for test usage. If you do not start a subscription to the BitaBIZ SaaS Services by the end of the test term, BitaBIZ will not invoice you for the test access and your account will be deleted.

The Customer may terminate these Terms before the end of any paid calendar quarter. This means the Customer’s notice period can be anywhere from 1 day to 90 days, depending on when the termination notice is received.

The subscription term begins on the day the Customer is invoiced for the BitaBIZ SaaS Services, and the subscription automatically renews each calendar quarter (“renewal term”) for another three (3) months, unless either party gives written notice of termination before the start of a new renewal term.

The subscription term and each renewal term together are called the “Subscription Period” and define the period during which both parties are bound by these Terms.

The following sections of the Terms will remain in effect after the Subscription Period ends or is terminated: Section 5 (Ownership and Usage Restrictions), Section 6 (Your Data and GDPR), Section 12 (Intellectual Property Rights), Section 13 (Confidentiality), Section 15 (Indemnification), Section 16 (Limitation of Liability), and Section 17 (Miscellaneous). Any other provisions that are meant to survive will also remain in effect.

Either party may terminate these Terms immediately if the other party materially breaches the Terms and does not fix the breach within thirty (30) days after receiving written notice.

For terminated accounts only, if the customer wants hosted access to their data after the termination date, all users (active and inactive) will be billed a hosting fee. This also applies to de facto terminations, where the customer has only a very small number of active users and the rest are inactive.

9.1 Support:

BitaBIZ support agents are instructed not to provide support related to customers’ internal policies and not to receive personal data such as passwords or payroll information.

9.2 Feedback:

You may provide suggestions, feedback, and other information to us about possible improvements to the functionality or use of the BitaBIZ SaaS Services (“Feedback”). We have the right to collect and analyze data and other information related to the provision, use, and performance of various aspects of the BitaBIZ

SaaS Services and related systems and technologies, including but not limited to operating speed, memory usage, throughput, bandwidth, errors and error rates, user logins, feature usage, performance data, and other information reasonably needed to confirm that you and your users are following usage restrictions

(“usage data”). You hereby grant us the perpetual, irrevocable, sublicensable right to use, copy, modify, create derivative works from, and otherwise fully use (a) usage data and Feedback to improve the operation, functionality, or use of our current and future BitaBIZ SaaS Services and to commercialize such offerings; (b) usage data to publish aggregated statistics about product quality, as long as no data in any such publication can be used to specifically identify you or your users; and (c) usage data to confirm that you are complying with usage restrictions.

Target Availability.

BitaBIZ will make commercially reasonable efforts to keep our service available with an uptime of 99.8% each calendar month (“Target Availability”).

Scheduled Maintenance.

“Scheduled Maintenance” means BitaBIZ’s planned routine maintenance of the

platform. Scheduled Maintenance will not exceed eight (8) hours per month. BitaBIZ typically performs Scheduled Maintenance each week after 9 am (CET +GMT).

Exclusions.

The calculation of uptime will not include downtime caused by: (a) customer use of the service in a way not authorized by this Agreement or the documentation; (b) general Internet problems, force majeure events, or other factors outside BitaBIZ’s reasonable control; (c) customer’s equipment, software, network connections, or other infrastructure; (d) third-party systems, acts, or

omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.

Scheduled maintenance and downtime are published on the BitaBIZ status page:

https://status.bitabiz.com/.

BitaBIZ agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of any Service or Customer Data.

Please see the Security information in the applicable DPA.

The Customer must not alter, remove, or hide any copyright, trademark, confidentiality notice, or other proprietary rights notice that appears in or on the BitaBIZ SaaS Services or Documentation.

Nothing in these Terms transfers any ownership rights in the BitaBIZ SaaS Services, Documentation, or underlying technology. Any custom configurations, implementation work, or integrations performed by or for BitaBIZ do not give the Customer any ownership or intellectual property rights in the code, tools, templates, or methods used to deliver them.

Non-Use and Nondisclosure. Each party must treat all Confidential Information of the other party as confidential, must not use such Confidential Information except to exercise its rights and fulfill its obligations under these Terms, and must not disclose such Confidential Information to any employee or third party, except to those users, employees, advisors, or representatives of the recipient who are under a contractual or fiduciary duty of confidentiality similar to these provisions and for whom the recipient will remain responsible (“Representatives”), and who need access to such Confidential Information to perform obligations under these Terms. Without limiting the above, each party must use at least the same degree of care it uses to protect its

own confidential information of similar importance, and this care must be no less than reasonable care, to prevent disclosure of the other party’s Confidential Information.

Exceptions. The receiving party may disclose the disclosing party’s Confidential Information if required by regulation, law, subpoena, or court order (collectively, “Compelled Disclosures”), provided the receiving party gives the disclosing party notice of a Compelled Disclosure (to the extent legally allowed).

The receiving party will provide reasonable cooperation with the disclosing party in connection with a Compelled Disclosure at the disclosing party’s sole expense.

BitaBIZ warrants that it owns all rights to the BitaBIZ SaaS Services and has the authority to enter into these Terms.

BitaBIZ warrants that it has implemented technical and organizational measures intended to ensure secure storage and handling of personal data, in line with applicable data protection laws and its own documented privacy and security policies.

BitaBIZ further warrants that during the Subscription Term, the BitaBIZ SaaS Services will operate in all material respects according to the Documentation. This warranty applies only when the SaaS Services are used according to the Service descriptions, the Documentation, and these Terms.

BitaBIZ is not responsible for errors or deficiencies in the SaaS Services that result from changes made by the Customer or third parties to any part of the BitaBIZ Services or integrations that cause disruption or malfunction.

BitaBIZ will, at its own expense, defend the Customer against any third-party claim that the BitaBIZ SaaS Services infringe a patent, copyright, or trademark, and will indemnify the Customer for any damages and reasonable legal fees awarded by a competent court or agreed in settlement, provided that:

a) the Customer promptly notifies BitaBIZ in writing of the claim,

b) BitaBIZ has sole control over the defense and settlement of the claim, and

c) the Customer provides reasonable cooperation in the defense, at BitaBIZ’s expense.

If the BitaBIZ SaaS Services are found or believed to infringe, BitaBIZ may, at its discretion and expense: (i) secure continued use of the affected services, (ii) modify the services to be non-infringing without significantly reducing their functionality, or (iii) replace the services with substantially equivalent functionality.

BitaBIZ will not be liable under this section if the claim arises from: (i) the Customer’s use of the BitaBIZ SaaS Services in violation of these Terms; (ii) combining the BitaBIZ SaaS Services with third-party hardware, software, or services not provided by BitaBIZ, if the claim would not have arisen otherwise; (iii) using the BitaBIZ SaaS Services in an application or environment for which they were not intended; or (iv) modifications to the BitaBIZ SaaS Services made by the Customer or on its behalf without BitaBIZ’s prior written approval.

Except for (i) each party’s indemnification obligations under Section 15, (ii) each party’s liability for infringing the other party’s intellectual property rights, and (iii) the Customer’s obligation to pay any fees due under these Terms, the total combined liability of either party arising out of or in connection with

these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the total subscription fees paid by the Customer to BitaBIZ in the twelve (12) months before the event giving rise to liability.

Neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business, opportunities, reputation, or goodwill, even if advised of the possibility of such damages.

BitaBIZ will not be liable for any data loss, service unavailability, delays, or failures to the extent caused by: (a) the Customer’s misuse of the SaaS Services or breach of the Terms, (b) combining the BitaBIZ SaaS Services with third-party hardware, software, or services not provided by BitaBIZ, or (c)

circumstances beyond BitaBIZ’s reasonable control.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited under applicable law.

The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, or agency relationship.

BitaBIZ may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger or sale of assets. The Customer may not assign or transfer any rights or obligations under these Terms without BitaBIZ’s prior written consent.

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

A failure or delay by either party in exercising any right under these Terms does not mean that right is waived.

These Terms do not give any rights or remedies to any third party.

If there is any conflict between these Terms and any other document referenced, linked, or incorporated by reference, these Terms will prevail unless otherwise expressly agreed in writing.

Neither party will be held responsible for any failure or delay in fulfilling its obligations under the Terms (except for payment obligations) if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, riots, power or internet outages, pandemics, or

government actions, denial-of-service attacks, or ransomware attacks that result in loss of access to the SaaS Services despite reasonable preventive measures. However, financial difficulties, insolvency, or inability to pay are not considered force majeure events.

These Terms of Use are governed by Danish law.

Unless otherwise agreed in writing by the parties, any disputes related to the use of BitaBIZ SaaS Services, documentation, or related materials, or any claims regarding the Terms, must first be resolved through negotiations between the parties. If no agreement is reached within 30 calendar days, either party may submit the claim to arbitration. Arbitration will follow “The rules of Procedure of the Danish Institute of Arbitration (Copenhagen Arbitration)” and will take place in Copenhagen, Denmark at the Danish Institute of Arbitration. The parties will agree to appoint one arbitrator for the proceedings.

This Loan Addendum (“Addendum”) is part of the BitaBIZ Terms of Use (the “Terms”). If there is a conflict, this Addendum takes precedence regarding the Terminal (as defined below). In all other cases, the Terms apply.

1. Scope and Eligibility

As part of BitaBIZ’s QR Check-In solution, BitaBIZ may provide the Customer with one (1) tablet device (the “Terminal”) to be used only with the BitaBIZ SaaS Services. Eligibility requires that (i) the Customer is a new Customer; (ii) the Customer always has at least thirty (30) active users; and (iii) there is a minimum binding subscription period of three (3) months. BitaBIZ reserves the right to withdraw the Terminal offer if these conditions are not met.

2. Loan Basis – No Transfer of Ownership

The Terminal is provided strictly as a loan. Title, ownership, and all intellectual and proprietary rights to the Terminal always remain exclusively with BitaBIZ. Nothing in the Terms or this Addendum should be interpreted as a sale, lease, or transfer of ownership. The Customer receives a limited, non-exclusive, non-transferable right to use the Terminal only during the active Subscription Period and only for the intended QR Check-In function.

The Terminal is an integrated part of the BitaBIZ solution and has no independent commercial use in this arrangement.

3. Permitted Use Restrictions

The Customer must: (i) use the Terminal only with the BitaBIZ SaaS Services; (ii) not use the Terminal for personal or unrelated business purposes; (iii) not resell, sublease, pledge, or otherwise transfer the Terminal; (iv) not modify, jailbreak, alter, or tamper with the device; and (v) keep the Terminal in reasonable condition. The Customer must ensure the Terminal is used in compliance with applicable workplace and data protection laws.

4. Risk, Loss, and Damage

Risk of loss passes to the Customer upon delivery. The Customer is fully responsible for theft, loss, misuse, or damage to the Terminal beyond normal wear and tear. If the Terminal is not returned, is damaged beyond normal wear, or is lost, BitaBIZ may invoice the Customer for the replacement cost.

5. Return Upon Termination

When the Subscription ends or is terminated for any reason: (i) the Customer must return the Terminal within fourteen (14) days; (ii) the Customer is responsible for shipping costs; and (iii) the Terminal must be returned in reasonable condition (except for normal wear and tear).

If the Terminal is not returned within the specified time, BitaBIZ is entitled to invoice the replacement cost without further notice.

6. Exclusion from SLA and Warranties

The Terminal is hardware equipment and is not covered by the SaaS Service availability commitment. Therefore: (i) the Service Level Agreement does not apply to the Terminal; (ii) BitaBIZ does not guarantee uptime for the hardware; and (iii) hardware failure does not count as SaaS unavailability.

The Terminal is provided “as-is,” subject only to mandatory legal rights.

Terms Of Use Ver. 3.1