Terms and Conditions

Last updated: September 29, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Account means a unique account created for You to access our Service or parts of our Service.

• Country refers to: Texas, United States

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Dead Development LLC, 5313 Vestia Drive, Fort Worth, Texas 76244.

• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

• Service refers to the Website.

• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to Dead Development, accessible from https://deaddevelopment.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://deaddevelopment.com/contact

Master Subscription Agreement

Last updated: September 26, 2025

This Master Subscription Agreement (the “Agreement”) governs the subscription to and use of the DeadLibrary API, DeadCLI, and related services provided by Dead Development LLC (“Dead Development,” “we,” “our,” or “us”). Dead Development provides the products (as defined below) to you solely on the terms and conditions set forth in this Agreement and on the condition that you (“Customer,” “you”) accept and comply with them.

By creating an account, subscribing, or otherwise using our products, you accept this Agreement and agree that you are legally bound by its terms. If you are registering to use the products or otherwise use any products on behalf of an entity or organization, you represent and warrant that you have the authority to bind that entity or organization to this Agreement (in which case, the term “Customer” will refer to that entity or organization).

If you do not agree to the terms of this Agreement, you must not create an account, subscribe, or use the products in any manner.

1. Definitions

1.1. “Agreement” means this Subscription Agreement.

1.2. “Customer” means you, the person, entity or organization that has requested use of the Product. Customer also includes any entity or organization which controls, is controlled by, or is under common control with Customer. For the purposes of this definition, “control” means (i) the power, directly or indirectly, to direct or manage such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding share or beneficial ownership of such entity.

1.3. “Order Form” means a quote, order summary, order form or order page (including any online summary, order form or order page) entered into or accepted by Customer that specifies the applicable subscription term, Products provided to Customer, Subscription Fees, authorized number and/or types of Users, other qualifications for the subscription, and payment schedules, and that references this Agreement. Any purchase orders issued by Customer that are followed by an invoice from Dead Development, which collectively substantially include the foregoing information, will also be deemed Order Forms for purposes hereof. All Order Forms are hereby incorporated by reference into this Agreement. Stripe payment confirmations and subscription receipts constitute Order Forms for purposes of this Agreement.

1.4. “Products” means the online cloud-based services provided by Dead Development, including without limitation the DeadLibrary API, DeadCLI, and any related applications, features, or documentation made available to Customer under an applicable Order Form.

1.5. “Subscription Confirmation” means (a) an email from Dead Development confirming Customer’s rights to access and use Products, and/or (b) a confirmation page or message displayed to Customer at the time of purchase or activation.

1.6. “Subscription Fees” means the amounts paid by Customer for the right to access and use the Products pursuant to this Agreement, as set forth in the applicable Subscription Confirmation and Order Form.

1.7. “User” means any individual obtaining access to the Product(s) from Customer pursuant to this Agreement through a User Account and in conformance with the applicable Order Form.

1.8. “User Account” means an account created at deaddevelopment.com or gaining access through a connected identity provider, having a unique username, and enabling User management and administration and/or access to Products in accordance with this Agreement.

1.9. "Trial Period" means a period of seven (7) days commencing on the date Customer first activates a subscription, during which Customer may access and use the Products without charge, subject to the terms of this Agreement.

2. Product Rights and Scope

Subject to and conditioned upon Customer's strict compliance with this Agreement and payment of the applicable Subscription Fees, Dead Development grants Customer a personal, non-exclusive, non-transferable (except pursuant to a permitted assignment of this Agreement), non-sublicensable, limited right to access and use the Products during the applicable subscription term, solely for Customer’s internal business purposes as set forth in this Agreement. Customer may extend these rights to its authorized Users who create a User Account under Customer’s subscription.

2.1. Restrictions. Customer will not, and will ensure that its Users do not:

2.1.1. Allow more than one individual to use a single User Account;

2.1.2. Grant access to the Products to any person or entity who is not an authorized User under Customer’s subscription;

2.1.3. Modify, translate, adapt, or otherwise create derivative works or improvements of the Products or any part thereof, except that Customer may build extensions or integrations for its internal business purposes only, which may not be resold, sublicensed, or otherwise disseminated;

2.1.4. Combine the Products or any part thereof with, or incorporate the Products or any part thereof into, any other software or service intended for external distribution, resale, or commercial hosting;

2.1.5. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Products or any part thereof;

2.1.6. Remove, delete, alter, or obscure any trademarks, copyright notices, or other intellectual property or proprietary rights notices from the Products;

2.1.7. Copy the Products, in whole or in part, except as reasonably required for ordinary use of the Products pursuant to this Agreement;

2.1.8. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Products or any features or functionality thereof to any third party, whether over a network, hosted basis, or otherwise, including in connection with time-sharing, software-as-a-service, cloud, or similar arrangements;

2.1.9. Use the Products in violation of any applicable law, regulation, or rule, or outside the scope expressly permitted by this Agreement (including the applicable Order Form);

2.1.10. Use the Products for purposes of competitive analysis, building a competing product or service, or in any other manner to Dead Development’s commercial disadvantage; or

2.1.11. Attempt to probe, scan, or test the vulnerability of the Products, breach security or authentication measures, or willfully render any part of the Products unusable.

2.2. Exceptions to Use Restrictions. Any exceptions to the foregoing restrictions must be agreed in writing by an authorized officer of Dead Development. Notwithstanding anything herein, any breach of the Use Restrictions is not subject to limitation of liability under this Agreement.

2.3 Data Protection. To the extent Dead Development processes any personal data on behalf of Customer in connection with the Products:

(i) Customer is the controller (or equivalent under applicable law) and Dead Development is the processor (or equivalent) with respect to such personal data;

(ii) Dead Development will process such personal data only as necessary to provide the Products and in accordance with Customer’s documented instructions and this Agreement;

(iii) Dead Development will maintain administrative, physical, and technical safeguards reasonably designed to protect the security, confidentiality, and integrity of such personal data;

(iv) Dead Development will not sell or share such personal data as those terms are defined by applicable data protection laws, and will not disclose such personal data to third parties except to subprocessors engaged to provide the Products or as required by law;

(v) Dead Development will provide prior notice of any new subprocessors in accordance with industry practice;

(vi) Dead Development will notify Customer without undue delay (and in any event within 72 hours) upon becoming aware of any confirmed unauthorized access to such personal data.

(vii) All code and outputs generated through the Products are the exclusive property of Customer and may be used without restriction.

For purposes of this Agreement, “personal data” means any information relating to an identified or identifiable natural person subject to applicable data protection laws. Customer is responsible for providing personal data only in compliance with applicable law.

2.4. Open Source Software. The Products may include components subject to open source licenses (“OSS Components”). To the extent required by the applicable open source license, such OSS Components are licensed under the terms of the applicable open source license and not this Agreement.

2.5. Generative AI Tools. If Dead Development makes available any features that utilize generative artificial intelligence technology (“GenAI Tools”), the following terms apply:

2.5.1. Input and Output. Any data provided to GenAI Tools (“Input”) and any results returned by GenAI Tools (“Output”) are treated as Customer Data under this Agreement. Due to the nature of machine learning, Output may not be unique, and similar or identical Output may be generated for other customers.

2.5.2. Other Restrictions. Customer will not use GenAI Tools (a) to mislead any person into believing Output was solely human-generated; or (b) in violation of any third-party terms, guidelines, or policies applicable to the use of GenAI Tools.

2.5.3. Disclaimers. Dead Development makes no warranty and has no liability regarding the accuracy, suitability, or results of GenAI Tools or Output. Use of GenAI Tools and Output is at Customer’s sole risk, and Customer should independently verify any factual assertions in Output.

3. Responsibility for Use of Products

Customer is responsible and liable for all use of the Products through access provided by Customer, whether directly or indirectly. Without limiting the generality of the foregoing, Customer is responsible and liable for all acts and omissions relating to the Products by Customer itself, its Users, or any other person to whom Customer provides access, whether such access or use is authorized under this Agreement or in violation of it.

4. Compliance Measures; Confidentiality

4.1. Security Features. The Products may contain technological protections or other security features designed to prevent unauthorized use, access, or distribution. Customer shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to such protections or features.

4.2. Compliance Review. At Dead Development’s reasonable written request, Customer shall provide a written certification of its compliance with this Agreement, including confirmation of its Users and use of the Products.

4.3. Confidential Information. “Confidential Information” means any non-public information or data disclosed by one party to the other that is marked or otherwise designated as confidential, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was lawfully known to the receiving party prior to disclosure without restriction; (c) is disclosed to the receiving party without restriction by a third party with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

Each party agrees to: (i) use the other party’s Confidential Information solely as necessary to perform its obligations under this Agreement; (ii) not disclose such Confidential Information to any third party except as permitted hereunder; and (iii) protect such Confidential Information with the same degree of care it uses to protect its own confidential information of like kind (but no less than reasonable care).

Either party may disclose Confidential Information (a) to its employees, contractors, professional advisors, or agents who have a need to know and are bound by confidentiality obligations consistent with this Agreement; and (b) as required by law, provided that the receiving party gives prior written notice (to the extent legally permitted) and cooperates with reasonable efforts to limit disclosure.

Neither party will disclose the terms of this Agreement to any third party, except that either party may disclose such terms on a confidential basis to actual or potential investors, acquirers, or lenders.

Each party agrees that any unauthorized use or disclosure of Confidential Information, or breach of the Use Restrictions in Section 2, may cause irreparable harm for which monetary damages may be inadequate. In such cases, the non-breaching party is entitled to seek immediate injunctive or equitable relief, without waiving any other rights or remedies.

Each party shall promptly notify the other in writing if it becomes aware of any unauthorized use or disclosure of Confidential Information.

5. Maintenance and Support

5.1 Updates. Dead Development may, from time to time and at its sole discretion, make available to Customer updates, upgrades, bug fixes, patches, or other error corrections related to the Products (collectively, “Updates”). All Updates are deemed part of the Products and subject to the terms and conditions of this Agreement.

5.2 Delivery of Updates. Updates may be provided through download, deployment within the Products, or other methods designated by Dead Development. Customer acknowledges that receipt of Updates requires an active internet connection, which is Customer’s sole responsibility. Dead Development has no obligation to provide Updates by any other means.

5.3 New Versions. Maintenance and support services do not include any new version or new release of the Products that Dead Development may make available as a separate or new product. Dead Development will determine, in its sole discretion, whether any issuance constitutes an Update or a new version/release.

5.4 Support. Except as expressly set forth in the applicable Order Form, Dead Development’s maintenance and support obligations are limited to providing Updates as described in this Section 5. Dead Development does not provide any guaranteed service levels, response times, or other customer support commitments. Dead Development may, at its sole discretion, elect to offer additional support or maintenance services, which may be subject to additional fees.

5.5 Service Availability. Dead Development hosts the Products on Google Cloud Platform infrastructure and uses commercially reasonable efforts to maintain service availability. While Dead Development does not guarantee specific uptime percentages, the platform is designed for high availability and Dead Development will use reasonable efforts to promptly address any service disruptions.

6. Intellectual Property Rights

6.1 Ownership. Customer acknowledges and agrees that the Products are licensed, not sold, to Customer under this Agreement. Customer does not acquire any ownership interest in the Products, or any other rights thereto, other than the limited right to use the Products in accordance with this Agreement and the applicable Order Form. Dead Development reserves and shall retain its entire right, title, and interest in and to the Products and all related intellectual property rights, except as expressly granted to Customer in this Agreement. Customer retains all right, title, and interest in and to its Customer Data.

6.2 System Data. Customer acknowledges and agrees that Dead Development may collect and use data regarding the performance, availability, usage, integrity, or security of the Products (“System Data”) for the purposes of operating, maintaining, and improving the Products. Dead Development may disclose System Data in an aggregated and anonymized form that does not identify Customer or any individual.

6.3 Customer Data Use. Dead Development will not access or use Customer Data except as necessary to provide the Products or as otherwise permitted by this Agreement. Dead Development does not use Customer Data to train third-party or publicly available artificial intelligence models.

6.4 Feedback. Customer may, from time to time, provide Dead Development with suggestions, comments, or other feedback regarding enhancements, improvements, new features, or functionality for the Products (“Feedback”). Dead Development may use, incorporate, and otherwise exploit such Feedback without restriction or obligation of any kind.

6.5 Customer Responsibilities. Customer shall safeguard all Products (including any copies) from infringement, misappropriation, theft, misuse, or unauthorized access, and promptly notify Dead Development of any actual or suspected infringement of Dead Development’s intellectual property rights in the Products.

7. Payment

7.1 Payment Processing. All Subscription Fees are payable in advance through Dead Development's designated payment processor (currently Stripe). Customer must successfully complete payment before gaining access to the Products, except during an applicable Trial Period. Dead Development may offer a Trial Period during which Customer may access the Products without charge. Customer's payment method will be collected at the time of enrollment. Upon expiration of the Trial Period, Customer's subscription will automatically convert to a paid subscription at the then-current rate, and the payment method on file will be charged, unless Customer cancels prior to the expiration of the Trial Period. Subscription Fees are non-refundable and non-cancelable, except as expressly required by law.

7.2 Renewals. Subscriptions automatically renew in accordance with the terms set forth in the applicable Order Form and Customer's Stripe subscription. Renewal is conditioned on continued successful payment processing through Stripe. The initial conversion from a Trial Period to a paid subscription constitutes the first billing cycle and is subject to automatic renewal thereafter.

7.3 Taxes. Subscription Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature (collectively, “Taxes”). Customer is responsible for all Taxes associated with its purchases under this Agreement, excluding taxes based on Dead Development’s income. If Stripe or Dead Development is required to collect Taxes for which Customer is responsible, such Taxes will be charged at the time of payment unless Customer provides a valid exemption certificate authorized by the appropriate taxing authority.

8. Term and Termination

8.1 Term. This Agreement commences on the Effective Date of the initial Order Form and remains in effect until all subscriptions and Order Forms have expired or been terminated in accordance with this Agreement. If Customer enrolls in a Trial Period, this Agreement commences upon activation of the Trial Period. Customer may cancel during the Trial Period at no cost, which will result in immediate termination of access to the Products. Unless otherwise stated in the applicable Order Form, each subscription will automatically renew for successive renewal terms equal to the length of the initial subscription term, unless either party provides written notice of non-renewal prior to the end of the then-current term. Renewal is conditioned on successful payment processing through Stripe. Dead Development may notify Customer (email to suffice) of any change in pricing at least sixty (60) days before the end of the then-current term, and any such change will apply only upon renewal.

8.2 Termination for Cause. Either party may terminate this Agreement or any applicable Order Form upon written notice if: (a) the other party commits a material breach of this Agreement or the applicable Order Form and fails to remedy such breach within thirty (30) days after receiving written notice of the breach; or (b) subject to applicable law, the other party enters into liquidation, dissolution, assignment for the benefit of creditors, or becomes the subject of bankruptcy or similar proceedings that are not dismissed within sixty (60) days.

8.3 Effect of Termination. Termination of this Agreement will automatically terminate all outstanding Order Forms.

9. Effect of Termination

Upon expiration or earlier termination of an applicable Order Form, all rights granted to Customer under that Order Form will immediately terminate, and Customer shall cease all access to and use of the Products. If Customer has received any Licensed Software for local use, Customer shall promptly delete all copies of such Licensed Software from systems within its control. Upon expiration or termination of this Agreement, all rights and obligations of the parties will immediately terminate, except that any provisions which by their nature should survive termination shall survive, including without limitation provisions relating to intellectual property rights, confidentiality, disclaimers, indemnification, limitations of liability, and termination, as well as the miscellaneous provisions below.

10. Disclaimers, and Beta Products

10.1 Authority. Each party represents that it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder.

10.2 Disclaimer. The Products are provided to Customer “as is” and with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, Dead Development, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Products, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties that may arise from course of dealing, course of performance, usage, or trade practice. Without limitation, Dead Development makes no representation or warranty that the Products will meet Customer’s requirements, achieve any intended results, operate without interruption, be error-free, or be compatible with any other products, services, or systems.

10.3 Third-Party Products. Dead Development is not responsible or liable for any third-party products or services (that are not part of the Products) or for Customer products or services that integrate with the Products. Dead Development does not guarantee the continued availability of such third-party integrations and may discontinue them at any time in its sole discretion.

10.4 Beta Products. From time to time, Dead Development may make available alpha, beta, trial, or other non-generally available features or products (“Beta Products”). Beta Products are provided “as is,” without any commitments or obligations of any kind. Dead Development does not provide any warranties, indemnities, service levels, or support for Beta Products. Either party may terminate Customer’s access to Beta Products at any time.

11. Indemnification

11.1 By Customer. Customer will defend, indemnify, and hold harmless Dead Development, its affiliates, and their respective officers, directors, employees, and agents from and against any claim, demand, suit, or proceeding ("Claim") made or brought by a third party arising out of or relating to: (a) Customer's use of the Products in violation of this Agreement; (b) Customer Data, including any allegation that Customer Data infringes or misappropriates the rights of a third party or violates applicable law; (c) any combination of the Products with products, services, or software not provided by Dead Development; or (d) Customer's gross negligence or willful misconduct. Customer shall pay any damages, costs, or expenses (including reasonable attorneys' fees) finally awarded against Dead Development, or agreed in settlement by Customer, in connection with any such Claim; provided, however, that Customer's total liability under this Section 11.1 shall not exceed the total amount of Subscription Fees paid by Customer during the twelve (12) months immediately preceding the Claim.

11.2 No Indemnity by Dead Development. To the maximum extent permitted under applicable law, Dead Development provides the Products on an “as is” basis and does not undertake any obligation to defend, indemnify, or hold harmless Customer against third-party claims of any kind, including without limitation claims alleging infringement or misappropriation of intellectual property rights.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

12.1 Exclusion of Damages. In no event will Dead Development, its affiliates, or any of its or their respective licensors or service providers be liable to Customer or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including without limitation lost profits, lost revenues, lost business opportunities, loss or corruption of data, service interruptions, system failures, malfunctions, or security breaches, arising out of or in connection with this Agreement or the use of or inability to use the Products, whether based on contract, tort (including negligence), strict liability, or any other theory, even if Dead Development has been advised of the possibility of such damages or such damages were otherwise foreseeable.

12.2 Cap on Liability. In no event will the aggregate liability of Dead Development, its affiliates, and their respective licensors and service providers arising out of or relating to this Agreement exceed the total amount of Subscription Fees paid by Customer to Dead Development under the applicable Order Form during the twelve (12) months immediately preceding the event giving rise to the claim.

12.3 Essential Purpose. The limitations set forth in this Section 12 apply even if any remedy provided herein fails of its essential purpose.

13. Export Regulation

Customer shall not, directly or indirectly, export, re-export or release the Products to, or make the Products accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. The Customer shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Products available outside the U.S.

14. Governing Law and Dispute Resolution

The Products consist in part of commercial computer software, as such term is defined in 48 C.F.R. § 2.101. Accordingly, if Customer is the U.S. Government or any contractor therefor, Customer shall receive only those rights with respect to the Products as are granted to all other end users under license, in accordance with: (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government Customers and their contractors.

15. Miscellaneous

15.1 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Texas. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the state courts of the State of Texas located in Tarrant County, and each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on improper venue or forum non conveniens.

15.2 Force Majeure. Excluding payment obligations, neither party shall be liable for any failure or delay in performance under this Agreement to the extent caused by circumstances beyond its reasonable control, including strikes, labor disputes, civil disturbances, riots, rebellions, epidemics, hostilities, war, terrorist attacks, embargoes, natural disasters, floods, fires, acts of God, sabotage, utility failures, or other similar events.

15.3 Notices. All notices under this Agreement must be in writing and will be deemed given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email (with confirmation of transmission) if sent during normal business hours at the recipient’s location, and on the next business day if sent outside such hours; or (d) on the third day after mailing by certified or registered mail, return receipt requested, postage prepaid. Notices shall be sent to the addresses set forth on any applicable Order Form (or to such other address as may be designated in writing).

15.4 Entire Agreement. This Agreement, together with any Subscription Confirmation, Order Form, and other documents expressly incorporated herein by reference, constitutes the sole and entire agreement between Customer and Dead Development with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

15.5 Assignment. Neither party may assign or transfer this Agreement, in whole or in part, without the other party’s prior written consent, except that either party may assign this Agreement without consent to a successor to all or substantially all of its assets or business related to this Agreement. Any purported assignment in violation of this Section is void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

15.6 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein is intended to confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

15.7 Amendment; Waiver. Dead Development reserves the right, in its sole discretion, to modify this Agreement at any time; provided that, with respect to each Order Form, any modifications will become effective only upon the date of renewal of such Order Form. It is Customer’s responsibility to review this Agreement periodically for changes. If Customer does not agree to the modified terms, Customer may provide notice of non-renewal prior to renewal. Except as set forth in this Section, this Agreement may be amended or modified only by a written instrument signed by both parties. No waiver by any party shall be effective unless explicitly set forth in writing and signed by the waiving party.

15.8 Severability. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

15.9 Construction. This Agreement shall be construed without regard to any presumption or rule requiring construction against the drafter. Each Order Form and all related documents incorporated herein shall be construed together with this Agreement as a single integrated agreement.

15.10 Relationship to DeadLibrary API License Agreement. To the extent Customer accesses or uses any Dead Development APIs, such access and use remains subject to the DeadLibrary API License Agreement (“API License Agreement”). In the event of any conflict or inconsistency between this Agreement and the API License Agreement, the terms of this Agreement shall control.

15.11 Headings. The headings in this Agreement are for reference only and shall not affect interpretation.

DeadLibrary API LICENSE AGREEMENT

Last updated: September 26th, 2025

DeadLibrary API License Agreement (the “Agreement”) governs the access to and use of the Application Programming Interfaces (“APIs”), specifications, documentation, and any associated software or materials (collectively, “APIs”) provided by Dead Development LLC (“Dead Development,” “DeadLibrary,” “we,” “our,” or “us”).

If you have a Master Subscription Agreement (“MSA”) with Dead Development, that MSA governs your use of the APIs. If you do not have an MSA with Dead Development, by accessing or using our APIs you agree to the terms below (the “Terms”). Any capitalized terms not defined herein shall have the meanings set forth in the MSA as applicable.

If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement. If you do not have such authority, or if you do not agree to the terms of this Agreement, you may not access or use the APIs.

1. Licenses and Restrictions

1.1 API License. Subject to the provisions of this Agreement, Dead Development grants you a limited, revocable, non-exclusive, non-transferable license to use the APIs (or other methods pre-approved in writing by Dead Development) solely in connection with developing, implementing, and distributing your applications that interoperate or integrate with the DeadLibrary platform in order to enable or extend functionality supported by DeadLibrary.

1.2 Feedback License to Dead Development. If you provide any feedback, suggestions, or improvements to Dead Development regarding the APIs or the DeadLibrary platform (“Feedback”), you hereby assign to Dead Development all rights, title, and interest in and to such Feedback. To the extent further documentation is required to perfect such rights, you agree to execute all documents and take all actions reasonably requested by Dead Development.

1.3 API License Restrictions. Dead Development retains all legal title, ownership, and interest in and to the APIs. You agree not to remove, obscure, or alter any copyright or other proprietary notices signifying Dead Development's ownership of the APIs. In addition, you acknowledge and agree to the following restrictions: (i) no right to commercially perform, distribute, sublicense, or otherwise exploit the APIs is granted under this Agreement; (ii) you will not make the APIs available in source code form to any third party; (iii) you are not granted any right to distribute, publicly display, or create derivative works of the APIs (including any superset, subset, or modification thereof); (iv) you will not use the APIs to develop or support any product or service that competes with DeadLibrary; (v) you will not use the APIs in violation of any applicable law or regulation, including but not limited to data privacy or data protection laws; and (vi) the APIs may only be used to access and interact with the DeadLibrary platform as expressly permitted herein.

Dead Development will provide reasonable advance notice of breaking API changes that require code modifications, except in cases of security vulnerabilities or Emergency conditions.

Dead Development may impose limitations on the number and frequency of API calls, or otherwise restrict any use of the APIs that could degrade, impair, or otherwise interfere with the DeadLibrary platform. You agree not to circumvent or attempt to circumvent any such limitations. Dead Development reserves the right, in its sole discretion, to suspend or prohibit any application from accessing or sending requests to the DeadLibrary platform at any time.

1.4 Proprietary Rights. The DeadLibrary platform, APIs, and all related software, documentation, templates, tools, processes, know-how, websites, and any other intellectual or proprietary materials provided or made available by Dead Development, together with all copyrights, trademarks, patents, trade secrets, and other proprietary rights therein, are and shall remain the sole and exclusive property of Dead Development.

2. Disclaimer, Indemnity, Limitation of Liability

2.1 Reverse Engineering. You represent and warrant that you will not modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the APIs, nor will you distribute or create derivative development kits based on the APIs.

2.2 Disclaimer. The APIs are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, statutory, or otherwise. Dead Development expressly disclaims all implied warranties, including without limitation any warranties of merchantability, non-infringement, fitness for a particular purpose, accuracy, or availability. You acknowledge that AI-assisted functionality may generate outputs that do not match your intended results, and you are solely responsible for reviewing, validating, and testing all outputs before relying on them.

2.3 Indemnity. If you have an MSA with Dead Development, the indemnification provisions in the MSA shall apply. If you do not have an MSA, you agree to indemnify, defend, and hold harmless Dead Development, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or related to (i) your use of the APIs, (ii) your applications or services that integrate with the APIs, or (iii) your violation of this Agreement or applicable law, provided that your total liability under this indemnification shall not exceed $1,000.

2.4 Limitation of Liability. If you have a MSA with Dead Development, the limitation of liability provisions in the MSA shall apply instead of the limitations in this Section. If you do not have an MSA, to the maximum extent permitted by law, Dead Development's total aggregate liability arising out of or relating to this Agreement shall not exceed one thousand U.S. dollars ($1,000). In no event shall Dead Development be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or business interruption, even if advised of the possibility of such damages. Dead Development shall have no liability for any delay, failure, or damages resulting from causes beyond its reasonable control.

3. Confidentiality

As used herein, “Confidential Information” means any business, technical, or proprietary information of Dead Development that is disclosed to you in connection with this Agreement, including but not limited to information relating to Dead Development’s or DeadLibrary’s technology, architecture, product plans, business opportunities, trade secrets, or research and development.

Confidential Information does not include information that: (a) is or becomes publicly available other than through your breach of this Agreement; (b) was lawfully known to you without restriction at the time of disclosure; (c) is independently developed by you without use of or reference to the Confidential Information; or (d) is lawfully obtained by you from a third party without restriction and without breach of confidentiality obligations.

You agree to maintain all Confidential Information in strict confidence and not disclose it to any third party, except to contractors or service providers who have a legitimate need to know in order to perform under this Agreement and who are bound by written obligations at least as protective as those set forth herein. You will remain responsible for any breach of confidentiality by such contractors or service providers.

You will not use Confidential Information for any purpose other than as necessary to perform your obligations or exercise your rights under this Agreement.

4. Term and Termination

4.1 Term. This Agreement commences on the date you first access or use the APIs and continues until terminated in accordance with Sections 4.2 or 4.3. Dead Development may offer a free trial period ("Trial Period") of seven (7) days, during which you may access the APIs without charge. Upon expiration of the Trial Period, your access to the APIs will require an active paid subscription. If a valid payment method was provided at the time of enrollment, your subscription will automatically convert to a paid subscription at the then-current rate unless you cancel prior to the expiration of the Trial Period.

4.2 Termination for Convenience. Dead Development may terminate this Agreement for any reason by providing ten (10) days' prior notice to you. Dead Development may, in its sole discretion, reinstate your access to and use of the APIs thereafter. You may terminate this Agreement at any time through your User Account.

4.3 Termination for Breach. Dead Development may immediately terminate this Agreement upon written notice if you breach any provision of this Agreement. Dead Development may, in its sole discretion, reinstate your access to and use of the APIs if you demonstrate that the breach has been fully cured.

4.4 Emergency Suspension. If Dead Development determines that your use of the APIs (i) disrupts or risks disrupting DeadLibrary's ability to provide its products or services to third parties, or (ii) involves unauthorized access to or use of the APIs (collectively, an “Emergency”), Dead Development may immediately suspend your access to the APIs and any associated rights under this Agreement. Any such suspension will be limited to the scope and duration necessary to address the Emergency. Dead Development may, in its sole discretion, reinstate access once the Emergency is resolved.

4.5 Survival Upon Termination. Upon termination of this Agreement, your license to the APIs shall immediately cease. Notwithstanding the foregoing, Sections 2 (Warranty, Disclaimer, Indemnity, Limitation of Liability), 3 (Confidentiality), 4.5 (Survival), 4.6 (No Refunds), and 6 (Miscellaneous) shall survive any termination of this Agreement.

4.6 No Refunds. All fees paid for access to or use of the APIs are non-refundable. Termination of this Agreement, whether by you or Dead Development, does not entitle you to any refund, credit, or pro rata reimbursement of fees paid or payable. No fees are charged during the Trial Period; however, cancellation of a paid subscription after the Trial Period has ended and billing has commenced does not entitle you to a refund for the current billing period. Access will continue through the end of the paid billing period.

5. Miscellaneous

5.1 Injunctive Relief. You acknowledge that any violation or threatened violation of this Agreement may cause irreparable harm to Dead Development, entitling Dead Development to seek injunctive or equitable relief in addition to all other legal remedies available.

5.2 Support. Dead Development will use commercially reasonable efforts to respond to support inquiries and address reported issues. Support is provided on a best-effort basis without guaranteed response times or service level commitments. Dead Development reserves the right to prioritize support requests at its sole discretion.

5.3 Export Regulations. You agree to comply with all applicable export, import, and re-export control laws and regulations, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions enforced by the U.S. Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the U.S. Department of State. You covenant that you will not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any product, service, or technology (including items derived from or based on such technology) received from Dead Development under this Agreement to any destination, entity, or person prohibited by applicable law, without first obtaining all required authorizations from the relevant government authorities.

5.4 Entire Agreement. This Agreement, together with any related Order Form(s), constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings, communications, and agreements, whether oral or written.

5.5 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

5.6 Force Majeure. Neither party shall be liable for any failure or delay in performance (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, denial-of-service attacks, or government actions.

5.7 Right of Modification. Dead Development may modify the terms of this Agreement by providing at least ten (10) days' prior notice for non-material changes. For breaking API changes that require code modifications, Dead Development will provide reasonable advance notice as specified in Section 1.3. Continued use of the APIs after the effective date of any modification constitutes acceptance of the updated terms. If you do not agree to the modifications, you may terminate this Agreement pursuant to Section 4.2.

5.8 Assignment. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Dead Development, and any attempt to do so without such consent will be void. Dead Development may assign this Agreement without restriction. Subject to the foregoing, this Agreement shall bind and benefit the parties, their successors, and permitted assigns.

5.9 Implied License and Estoppel. Nothing in this Agreement shall be construed as granting any rights by implication, estoppel, or otherwise to intellectual property not expressly licensed herein. All rights not expressly granted are reserved by Dead Development.

5.10 Governing Law; Notices. This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to its conflicts of law principles. All disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas, and each party irrevocably submits to such jurisdiction.