This ReFresh Master Subscription Agreement (“MSA”) is entered into by and between ReFresh OS Pty Ltd (ACN 687 813 832) of 28 Pearl Bay Avenue, Mosman NSW 2088, Australia (“ReFresh”), and the entity or person (i) executing an Order Form for the Services referencing this MSA, (ii) accepting an offer via a cloud marketplace referencing this MSA, or (iii) accessing the Services via a free trial or pilot (“Customer”) (each a “Party”, and together, the “Parties”).

The MSA includes by reference any ancillary documents (attachments, addenda, exhibits, policies) that are expressly referenced herein.

The “Effective Date” of this MSA is (a) the date of the first executed Order Form referencing this MSA, or (b) the date Customer first accepts a marketplace offer referencing this MSA, or (c) in the case of a trial or pilot, the date Customer receives credentials to access the Services under this MSA.

Section 1. Services and Support

1.1 Services. “Services” means the ReFresh software, features, modules, integrations, dashboards, reports, analytics, and associated offerings made available to Customer under this MSA, as specified in the Order Form or pilot schedule. Subject to Customer’s compliance and payment obligations, ReFresh will make the Services available during the applicable Service Period. ReFresh will deliver the Services in accordance with the Service Level Agreement (“SLA”) published at https://refr-esh.com/trust/sla.

Section 2. Fees, Payment & Trials

2.1 Payment and Taxes

2.1.1 Fees. “Fees” are the charges payable by Customer for the Services, as set out in the Order Form. Customer will provide complete billing information. If payment is via credit card or similar, ReFresh may automatically bill that method for recurring charges (renewals/add-ons), unless otherwise agreed. Unless otherwise stated, all payment obligations are non‑cancelable and Fees are non‑refundable.

In the event of non‑payment of Fees for fifteen (15) days after invoice due date, ReFresh may (i) suspend access to Services until full payment, and/or (ii) charge interest at the lesser of 1.5% per month or the maximum allowed by law. Upon cure, access may be restored.

2.1.2 Fee Disputes. If Customer believes an invoice is incorrect, Customer must notify ReFresh in writing within thirty (30) days of the invoice date (“Dispute Period”). The Parties will attempt in good faith to resolve the dispute. If no dispute is raised in the Dispute Period, invoiced amounts shall be deemed correct and owing.

2.1.3 Taxes.  Fees do not include taxes, levies, duties or similar governmental assessments of any nature, including, for example, any sales, use, GST, value-added, withholding, or similar taxes, whether domestic or foreign, or assessed by any jurisdiction (“Taxes”). Customer is responsible for paying all Taxes associated with its purchase of the Services, excluding Taxes based on ReFresh’s net income or receipts, property or employees.

2.2 Price Changes; Discounts; Promotions. Prices in the Order Form may include discounts or promotions. ReFresh may adjust pricing or discontinue promotions in its discretion, but changes will only take effect at the start of the next Service Period and will not affect amounts due during the current Service Period. ReFresh will provide reasonable notice of fee increases prior to the next renewal.

2.3 Marketplace Billing. If the Customer procured Services through a cloud marketplace (e.g., AWS Marketplace, Azure Marketplace), billing and refunds may be handled via that marketplace, and terms in this MSA are subject to marketplace constraints.

2.4 Free Trial / Pilot / Beta Services

2.4.1 Trial / Pilot Services. If Customer is granted free trial or pilot access, ReFresh will make the specified Services available until the end of the trial/pilot period, or until termination or conversion to a paid subscription, whichever is earlier.

ANY CUSTOMER INFORMATION SUBMITTED DURING TRIAL/PILOT MAY BE DELETED FOLLOWING THE TERMINATION OF THAT PERIOD UNLESS CUSTOMER ENTERS INTO A PAID SUBSCRIPTION OR EXPORTS THE DATA BEFORE EXPIRY.

2.4.2 Beta Offerings. From time to time, ReFresh may make Beta Offerings available to Customer at no charge. “Beta Offerings” means pre-release services, features, or functions identified as alpha, beta, preview, early access, or words or phrases with similar meanings. Customer may elect to try such Beta Offering(s) in its sole discretion. Beta Offerings are intended for evaluation purposes, not for production use, and may be subject to additional terms. Beta Offerings are not considered “Services” under this Agreement; however, all prohibited uses, Customer obligations and terms regarding ReFresh’s ownership concerning the Services shall apply to Beta Offerings. Unless otherwise stated or communicated to Customer, any Beta Offerings trial period will expire upon the date that a version of the Beta Offerings becomes generally available without a “Beta Offerings” designation. ReFresh may discontinue Beta Offerings at any time in its sole discretion and may never make them generally available.
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2.4.3 Disclaimers for Trials & Betas. NOTWITHSTANDING OTHER SECTIONS (SUPPORT, WARRANTIES, INDEMNIFICATION), TRIAL, PILOT, AND BETA ACCESS IS PROVIDED “AS IS” WITHOUT WARRANTY. REFRESH IS NOT OBLIGATED TO INDEMNIFY CUSTOMER FOR CLAIMS ARISING FROM SUCH ACCESS UNLESS REQUIRED BY LAW. IF LIABILITY EXCLUSIONS ARE UNENFORCEABLE, REFRESH’S LIABILITY IS CAPPED AT A MODEST AMOUNT OF AUD 1,000.

2.5 Resellers and Channel Partners: The Parties agree that Customer may purchase the Services through a reseller or channel partner authorised by ReFresh to sell its products and services (“Authorised Reseller”). Services purchased via an Authorised Reseller, including multi-year subscriptions, are governed by this MSA. Services purchased through an Authorised Reseller are not cancellable by Customer except as permitted under Section [3.2] of this MSA.

Where Customer purchases Services through an Authorised Reseller, the Authorised Reseller shall enter into an Order Form with ReFresh for the purchase of Services that references this MSA and identifies the Customer as the end user. In addition, Customer and Authorised Reseller shall enter into a separate agreement that sets out the fees payable by Customer to Authorised Reseller, along with any other applicable terms and conditions between them.

ReFresh agrees that, subject to receipt of payment from the Authorised Reseller, it shall be responsible to Customer, pursuant to the terms of this MSA, for provision of the Services specified in such Order Form. Customer acknowledges and agrees that ReFresh shall not be responsible or liable for:

·          the performance or non-performance of any obligations owed to Customer by the Authorised Reseller under their separate agreement;

·           any acts or omissions of the Authorised Reseller; or

·           any third-party products or services provided to Customer by the Authorised Reseller.

For the avoidance of doubt, where Customer purchases the Services through an Authorised Reseller: (a) any terms agreed between Customer and Authorised Reseller (including pricing, refund rights, or service-level commitments) do not modify or override this MSA unless expressly incorporated into the applicable Order Form and accepted by ReFresh in writing; and (b) the Fees payable by Customer, including any changes upon renewal, shall be determined by the agreement between Customer and the Authorised Reseller, and not by ReFresh.

Section 3. Term and Termination

3.1 Term and Renewal

3.1.1 Master Subscription Agreement (MSA). This MSA commences on the Effective Date and continues in force until all Order Forms or pilot arrangements governed by it have expired or been terminated in accordance with this Section 3.

3.1.2 Order Forms. The Service Period for each Order Form shall be as specified in the relevant Order Form. Where the Order Form does not specify a Service Period, the default Service Period shall be twelve (12) months. Unless otherwise expressly stated in the applicable Order Form, upon expiry of the Service Period, the Customer’s subscription will automatically renew for successive twelve (12) month periods unless the Customer provides written notice of non-renewal to ReFresh no less than thirty (30) days prior to the end of the then-current Service Period.

3.2 Termination for Cause. Either Party may terminate this MSA or any Order Form with immediate effect by written notice if: (a) the other Party commits a material breach and fails to remedy that breach within ten (10) days after receiving written notice from the terminating Party specifying the breach and requiring it to be remedied; (b) the other Party becomes insolvent, enters external administration, or is otherwise subject to any form of insolvency event (as defined under the Corporations Act 2001 (Cth)) which is not discharged or stayed within sixty (60) days of its commencement; or (c) in the case of ReFresh, the Customer breaches the provisions of Section 4.5 (Prohibited Uses), in which case termination may occur immediately without a cure period. Failure by the Customer to pay Fees within thirty (30) days after the due date of an invoice, and any breach of Section 4.5 (Prohibited Uses), constitutes a material breach for the purposes of this clause.

3.3 Effect of Termination and Survival. Termination of this MSA shall simultaneously terminate all active Order Forms. Upon termination or expiry of this MSA or any Order Form: (a) the Customer must immediately cease all use of the Services provided under the terminated or expired Order Form(s); (b) ReFresh will revoke the Customer’s access to the applicable Services; and (c) unless otherwise expressly provided herein, the Customer will not be entitled to any refund of Fees already paid. However, if the Customer terminates this MSA or an Order Form in accordance with clause 3.2 due to ReFresh’s uncured material breach, the Customer will be entitled to a pro-rata refund of any prepaid Fees corresponding to unused Services. The following clauses survive termination or expiry of this MSA: clause 2 (Fees and Payment) in respect of outstanding payment obligations, clause 3.3 (Effect of Termination and Survival), clause 4 (Ownership, Licence, and Use of the Services), clause 5 (Confidentiality), clause 7.3 (Disclaimers), clause 8 (Indemnities), clause 9 (Limitation of Liability), and clause 10 (General). Termination of this MSA does not affect any accrued rights or liabilities of either Party as at the date of termination or any obligations which by their nature are intended to survive termination.

4. Ownership, Licence and Use of the Services

4.1 Ownership

Each Party retains all rights, title, and interest in and to its pre-existing intellectual property, including any patents, inventions, copyright, trademarks, domain names, trade secrets, know-how and other intellectual property or proprietary rights (“Intellectual Property Rights”).

ReFresh retains all Intellectual Property Rights in and to the Services, including all components thereof, any improvements, modifications, or derivatives developed in connection with the Services, and any materials created or used by ReFresh in the course of providing the Services (“ReFresh Materials”).

Customer retains all rights in any data, materials, or content uploaded by or on behalf of Customer to the Services, including any results generated by the Services from such data, to the extent such results do not incorporate or derive from ReFresh Materials (“Customer Data”). ReFresh retains ownership of any underlying intellectual property embedded within such outputs.

4.2 Feedback

Customer may, at its discretion, provide ReFresh with suggestions, enhancement requests, recommendations, or other feedback regarding the Services (“Feedback”). Customer hereby grants ReFresh a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sub-licensable (through multiple tiers) licence to use, adapt, commercialise, and otherwise exploit such Feedback, including to develop and improve ReFresh’s products and services, without any obligation to the Customer.

Nothing in this clause permits ReFresh to breach its confidentiality obligations under clause 5 in its use of Feedback. ReFresh retains the right to seek intellectual property protection for any new inventions or features arising from such Feedback, which shall be owned exclusively by ReFresh.

4.3 Licences

Subject to Customer’s compliance with this MSA and the applicable Order Form, ReFresh grants Customer a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the applicable Service Period for Customer’s internal business purposes.

Customer grants ReFresh a non-exclusive, non-transferable, non-sublicensable right to use Customer Data solely for the purposes of providing and supporting the Services to Customer.

ReFresh may collect and use anonymised, pseudonymized and/or aggregated data derived from Customer’s use of the Services, including metadata and usage statistics (“Usage Data”), for the purpose of analytics, benchmarking, service improvement, support, product development, and marketing. ReFresh will not disclose Usage Data to third parties in a manner that identifies Customer or any Authorised User unless expressly permitted by Customer or required by law.

4.4 Authorised Users

Customer may designate its employees, contractors, and agents to access the Services on its behalf (“Authorised Users”). Customer is responsible for the actions and omissions of all Authorised Users, and for ensuring their compliance with this MSA. Any reference to “Customer” in this MSA includes reference to Authorised Users as applicable.

Customer must ensure that each Authorised User is assigned unique credentials and does not share their credentials with others. Sharing of credentials is a material breach of this MSA.

Customer must promptly notify ReFresh of any unauthorised access or use of the Services, or any compromise of Authorised User credentials.

4.5 Prohibited Uses. Customer must not, and must not permit any Authorised User or third party to:

(a) resell, sublicense, distribute, or otherwise provide access to the Services, except as expressly permitted under this MSA or an Order Form;
(b) use the Services in breach of any applicable law, regulation, or third-party right (including intellectual property or privacy rights);
(c) interfere with, disrupt, or gain unauthorised access to the Services or ReFresh’s systems;
(d) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architecture of the Services, except to the extent permitted by the Copyright Act 1968 (Cth) or other applicable law;
(e) upload or transmit any unlawful, defamatory, infringing, or harmful content via the Services;
(f) introduce any virus, worm, trojan, malware, or other malicious code into the Services;
(g) engage in data scraping, web crawling, or the use of bots or other automated data collection tools in connection with the Services;
(h) provide access to the Services to any person affiliated with a competitor of ReFresh (“ReFresh Competitor”);
(i) use the Services to replicate, compete with, or develop a service similar to ReFresh’s offering;
(j) modify, copy, or create derivative works of the Services or ReFresh Materials;
(k) remove or alter any proprietary notices or legal markings from the Services; or
(l) permit or facilitate any third party to engage in any of the above conduct.

Customer must notify ReFresh immediately if it becomes aware of any actual or suspected Prohibited Use. ReFresh reserves the right to suspend Customer’s and/or Authorised Users’ access to the Services where it reasonably suspects a breach of this clause, pending investigation.

4.6 Artificial Intelligence and Predictive Features

4.6.1 AI Features

Customer acknowledges that the Services may include artificial intelligence, machine learning, or predictive analytics functionalities developed by or on behalf of ReFresh or its licensors (“AI Features”).

4.6.2 Disclaimer

Customer acknowledges and agrees that:

(a) AI-generated outputs (“AI Outputs”) may vary in accuracy and quality;
(b) similar prompts may generate similar outputs across different customers;
(c) the same input may yield different results over time; and
(d) AI Outputs are provided “as is” and without warranty of accuracy, completeness, reliability, or fitness for purpose.

Customer and its Authorised Users are solely responsible for evaluating the appropriateness of AI Outputs before relying on or using them. AI Outputs must not be presented as having been human-generated.

To the extent permitted by law, ReFresh disclaims all liability in connection with Customer’s or any Authorised User’s use or reliance on AI Outputs.

5. Confidentiality. “Confidential Information” of a party (the “Disclosing Party”) means all non‑public business, technical, financial, operational or other information disclosed or made available to the other party (the “Receiving Party”) that is designated as confidential at the time of disclosure or that a reasonable person would understand to be confidential given the nature of the information or the circumstances of disclosure, including for clarity that ReFresh Materials are ReFresh’s Confidential Information and Customer Data is the Customer’s Confidential Information. The Receiving Party must protect the Disclosing Party’s Confidential Information with at least the same degree of care it uses to protect its own confidential information (but never less than reasonable care), may disclose it only to its officers, employees, contractors or related bodies corporate who have a legitimate need to know and are bound by confidentiality obligations no less protective than those in this clause, and may use it only to exercise its rights or perform its obligations under this MSA. The Receiving Party may disclose Confidential Information if required by law, regulation or legal process, provided it gives the Disclosing Party prompt written notice (unless prohibited by law), discloses only what is legally required and uses reasonable efforts to obtain confidential treatment. Confidential Information does not include information that (a) is or becomes publicly available through no breach of this MSA, (b) was lawfully known to the Receiving Party without obligation of confidence before disclosure, (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information or (d) is lawfully received from a third party without breach of any obligation owed to the Disclosing Party. The parties acknowledge that unauthorised disclosure or use of Confidential Information may cause irreparable harm and the Disclosing Party is entitled to seek injunctive or other equitable relief without the need to prove actual damage or post security. The obligations in this clause survive termination or expiry of this MSA.

6. Privacy, Security & Data Protection: ReFresh will implement and maintain appropriate administrative, physical, and technical safeguards during the applicable Service Period or pilot term to protect the security, confidentiality, and integrity of Customer Data and any Training Data submitted by Customer. ReFresh’s current security and data protection practices are described at https://trust.refr-esh.com. Customer’s use of the Services is subject to ReFresh’s Privacy Policy, available at https://refr-esh.com/privacy.

Customer retains exclusive ownership of all Customer Data and Training Data. Customer grants ReFresh a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence to collect, store, and use such data solely to: (a) provide and support the Services; (b) perform its obligations under this MSA; (c) generate aggregated and anonymised outputs (“ReFresh Data”); and (d) support the business, analytics, and product development of ReFresh. ReFresh will ensure all ReFresh Data is de-identified and anonymised such that it does not reveal the identity of Customer or any individual.

7. Representations, Warranties & Disclaimers

7.1 Authority. Each Party represents it has legal authority to enter this MSA and that performance will not violate applicable law or third-party agreements.

7.2 Limited Warranty. ReFresh warrants that the Services, when used in accordance with documentation and this MSA, will operate materially as described. This does not apply to modifications or misuse by Customer.

7.3 Disclaimers. Except for the limited warranty, the Services and all related deliverables are provided “as is” and “as available,” without warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted service.

During trial, pilot, or beta use, no warranty is made and ReFresh’s liability is further limited as permitted by law.

8. Indemnification

8.1 Indemnification by ReFresh. ReFresh will indemnify and hold Customer harmless from any losses, damages, liabilities, costs or expenses (including reasonable legal fees and court-awarded costs) (“Losses”) arising out of any claim by an unaffiliated third party (“Claim”) that the Services infringe or misappropriate that third party’s intellectual property rights. ReFresh will, at its sole expense, defend such Claims and pay all Losses awarded by a court of competent jurisdiction or agreed to in settlement. If use of the Services becomes, or in ReFresh’s reasonable opinion is likely to become, the subject of a Claim, ReFresh may, at its option and expense: (a) procure for Customer the right to continue using the Services; (b) modify or replace the Services so that they are no longer infringing; or (c) if neither (a) nor (b) is commercially reasonable, terminate this MSA and provide a pro-rata refund of any prepaid Fees for the unused portion of the applicable Service Period. ReFresh will have no obligation under this clause where the Claim arises from: (i) use of the Services in breach of this MSA or outside the scope of use permitted under the documentation; (ii) modification of the Services not made by or on behalf of ReFresh; or (iii) combination or use of the Services with software, hardware, or data not provided or authorised by ReFresh where the Services alone would not be infringing. This clause states ReFresh’s sole and exclusive liability, and Customer’s sole and exclusive remedy, in respect of third-party intellectual property infringement claims.

8.2 Indemnification by Customer. Customer will indemnify and hold ReFresh (and its officers, employees, and agents) harmless from any Losses arising from any Claim related to: (a) Customer’s breach of this MSA; (b) Customer’s misuse of the Services or violation of applicable laws; (c) any content submitted or transmitted by Customer through the Services; or (d) any claim that Customer Data or Customer’s use thereof infringes the rights of any third party. Customer will, at its own cost, defend ReFresh against any such Claim and pay all related Losses awarded or agreed to in settlement.

8.3 Indemnification Conditions and Procedures. The obligations under this Section 8 are conditional upon the party seeking indemnification (“Indemnified Party”): (a) promptly notifying the other party (“Indemnifying Party”) in writing of any Claim (except that a failure to provide prompt notice will only relieve the Indemnifying Party of its obligations to the extent it is materially prejudiced by the delay); (b) granting the Indemnifying Party sole control of the defence and settlement of the Claim (provided that the Indemnifying Party may not settle any Claim that imposes liability on, or requires an admission by, the Indemnified Party without its prior written consent, not to be unreasonably withheld); and (c) cooperating in good faith with the Indemnifying Party, at the Indemnifying Party’s expense, in the defence and settlement of the Claim.

9. Limitation of Liability

9.1 Exclusion of Damages. To the maximum extent permitted by law, neither party (nor their affiliates, officers, employees, contractors, or agents) will be liable to the other for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any loss of profits, loss of revenue, loss of data, business interruption, loss of goodwill, or loss of business opportunity, even if advised of the possibility of such loss or if such loss was otherwise foreseeable.

9.2 Liability Cap. Subject to clause 9.3, the total aggregate liability of either party arising from or in connection with this MSA will not exceed the greater of: (a) AUD $100; or (b) the total Fees paid by Customer under this MSA in the 12-month period immediately preceding the first event giving rise to the claim. Notwithstanding the foregoing, either party’s liability for claims arising from: (i) a breach of its confidentiality obligations under clause 5; or (ii) its indemnification obligations under clause 8, will not exceed the amount in clause 9.2(b). For any claim arising solely from Customer’s access to the Services during a free trial, pilot, or Beta Offering, ReFresh’s total aggregate liability will not exceed AUD 1,000.

9.3 Non-Excludable Liability. Nothing in this MSA excludes, restricts, or modifies any rights or remedies that cannot be excluded by law, including those under the Competition and Consumer Act 2010 (Cth) or applicable state or territory consumer laws. Without limiting the foregoing, nothing in this MSA limits liability for death or personal injury caused by negligence, fraud, wilful misconduct, or any other liability that cannot lawfully be excluded or limited.

9.4 Risk Allocation. The parties acknowledge that the limitations and exclusions of liability in this clause 9 reflect a reasonable and negotiated allocation of risk, and form an essential basis for the pricing and the mutual obligations under this MSA.

10. Miscellaneous

10.1 Entire Agreement; Order of Precedence. This MSA, together with any Order Forms, schedules, appendices, and policies expressly referenced herein, constitutes the entire agreement between the parties and supersedes all prior proposals, discussions, and agreements relating to the subject matter. In the event of a conflict, the order of precedence shall be: (a) the Order Form, (b) this MSA, and (c) referenced policies. Any terms contained in Customer’s purchase orders, onboarding portals, or other non-ReFresh documentation shall have no force or effect, even if acknowledged or signed.

10.2 Assignment. Neither party may assign or transfer this MSA without the other party’s prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets, provided the assigning party gives written notice and the assignee agrees in writing to assume all obligations under this MSA.

10.3 Severability. If any provision of this MSA is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of the MSA shall remain in full force and effect.

10.4 Relationship of the Parties. The parties are independent contractors. Nothing in this MSA creates a partnership, joint venture, franchise, fiduciary, or employment relationship between the parties.

10.5 Notices. Notices must be delivered by email or registered post to the contact details provided in the Order Form. Email notices are deemed delivered upon receipt; postal notices are deemed delivered two business days after posting. Notices to ReFresh must also be copied to support@refr-esh.com.

10.6 Governing Law & Dispute Resolution. This MSA is governed by the laws of New South Wales, Australia. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales. Prior to commencing legal proceedings (other than seeking urgent injunctive relief), the parties agree to attempt in good faith to resolve any dispute through negotiation or mediation.

10.7 Export Compliance. Customer acknowledges that the Services may be subject to export control laws and regulations. Customer must not access or use the Services in violation of such laws or in any jurisdiction subject to embargo or sanctions. Customer also represents that it is not listed on any applicable sanctions or export control list.

10.8 Anti-Corruption. Each party represents that it has not received or been offered any improper payment, bribe, kickback, or thing of value from the other party’s personnel in connection with this MSA. Reasonable gifts and hospitality in the ordinary course of business are excluded. If a party becomes aware of any breach of this clause, it shall promptly notify the other party.

10.9 Publicity. Customer agrees that ReFresh may use its name and logo in marketing materials or on ReFresh’s website for the limited purpose of identifying it as a customer, provided ReFresh obtains prior approval for any individual use beyond general listings.

10.10 Third Party Products & Services. Customer may enable integrations with third-party applications or services (“Third Party Products”). Use of such products is subject to those providers’ terms. ReFresh disclaims any responsibility or liability arising from Third Party Products or any third-party services (e.g., audits or penetration testing) arranged independently by Customer, including those referenced in any Order Form.

10.11 Force Majeure. Except for payment obligations, neither party shall be liable for delay or failure to perform due to circumstances beyond its reasonable control, including natural disasters, internet outages, government actions, or labour disputes.

10.12 Waiver. A failure or delay in enforcing any right under this MSA does not operate as a waiver. Any waiver must be in writing and signed by the waiving party.

10.13 Amendment. This MSA may only be modified by a written document signed by both parties, except that ReFresh may update referenced policies (e.g. SLA, Privacy Policy, Support Terms) in accordance with their terms.

10.14 No Third-Party Beneficiaries. Except as expressly provided in this MSA, nothing in this Agreement confers any rights on any person or entity other than the parties and their permitted successors or assigns.