ANOVA SPORTS TERMS OF SERVICE

Last Updated: June 26, 2026

1.1 Access. Subject to Customer's payment of the fees ("Fees"), Anova will provide Customer with access to the Anova Platform. Anova will provide to Customer the necessary passwords, security protocols and policies and network links or connections to allow Customer and its Authorized Users to access the Anova Platform. Customer is solely responsible for determining which Authorized Users are permitted to access and use the Anova Platform. Customer is responsible its Authorized Users' compliance with this Agreement. As used in this Agreement, "Authorized User" means each of Customer's employees, agents, and independent contractors (including Customer's coaching staff and invited player athletes) who are authorized to access the Anova Platform pursuant to Customer's rights under this Agreement.1.2 Account Responsibilities. Customer will use commercially reasonable efforts to prevent unauthorized access to, or use of, the Anova Platform, and notify Anova promptly of any such unauthorized access or use known to Customer. Customer will notify Anova and delete any information regarding third parties that Customer or its Authorized Users do not have the authority to share. Anova will not be liable for any loss or damage arising from your failure to comply with the above requirements.1.3 Support Service. Subject to the terms and conditions of this Agreement, Anova will exercise commercially reasonable efforts to (a) provide support for the use of the Anova Platform to Customer, and (b) keep the Anova Platform operational and available to Customer.1.4 Security Measures; Data Privacy. Anova will implement and maintain technical and organizational measures designed to protect Customer Content (as defined below) in the possession or under the control of Anova against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access thereto (the "Security Measures"). Anova may update the Security Measures from time to time, so long as the updated measures do not materially decrease the overall protection of Customer Content in the possession or under the control of Anova. To the extent Anova will be processing personal data on behalf of Customer, the parties will agree to its respective obligations in the Data Processing Addendum attached here as Exhibit A.

In consideration for the access rights granted to Customer and the services performed by Anova under this Agreement, Customer will pay to Anova the Fees. Anova reserves the right (in addition to any other rights or remedies Anova may have) to discontinue the Anova Platform and suspend all Authorized Users' and Customer's access to the Anova Platform if any Fees are more than ten (10) days overdue until such amounts are paid in full. Customer will maintain complete, accurate and up-to-date Customer billing and contact information at all times. Anova reserves the right to increase Fees at upon thirty (30) days prior written notice to Customer; provided that such increase will only take effect upon the beginning of the next billing cycle following such notice. The Fees are exclusive of all applicable sales, use, value-added and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other similar charges, and Customer will be responsible for payment of all such taxes (other than taxes based on Anova's income), fees, duties, and charges and any related penalties and interest, arising from the payment of the fees or the license of the Anova Platform to Customer.

3.1 Anova License Grant. Subject to the terms and conditions of this Agreement, Anova grants to Customer a limited, non-exclusive, non-transferable and non-sublicensable right (a) to access and use the Anova Platform solely for Customer's internal business purposes and the make the Anova Platform available to its Authorized Users.3.2 Restrictions. Customer will not, and will not permit any Authorized User or other party to: (a) allow any third party to access the Anova Platform, except as expressly allowed herein; (b) modify, adapt, alter or translate the Anova Platform; (c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Anova Platform for the benefit of any unauthorized third party; (d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Anova Platform, except as permitted by law; (e) input, upload, transmit or otherwise provide to or through the Anova Platform, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code; (f) interfere in any manner with the operation of the Anova Platform or the hardware and network used to operate the Anova Platform; (g) modify, copy or make derivative works based on any part of the Anova Platform; (h) access or use the Anova Platform to build a similar or competitive product or service; (i) attempt to access the Anova Platform through any unapproved interface; (j) copy, modify, duplicate, create derivative works from, train or develop any machine learning or artificial intelligence models or algorithms or similar or related technology with, create improvements of, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Anova Platform or Customer Content in any form or media or by any means or attempt to do any of the foregoing; (k) use the Customer Content in any way other than for Company's internal organization use in the amateur sport industry, which may include scouting, education, coaching, tutorials, and/or sport analysis or (l) otherwise use the Anova Platform in any manner that exceeds the scope of use permitted under Section 3.1 (Anova License Grant) or in a manner inconsistent with applicable law or this Agreement.3.3 Feedback. Customer hereby grants to Anova a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Anova Platform any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including Authorized Users, relating to the Anova Platform.3.4 Ownership. The Anova Platform, and all worldwide intellectual property rights in it, are the exclusive property of Anova and its suppliers. All rights in and to the Anova Platform not expressly granted to Customer in this Agreement are reserved by Anova and its suppliers. Except as expressly set forth herein, no express or implied license or right of any kind is granted to Customer regarding the Anova Platform or any part thereof.3.5 Usage Data. Anova may collect and generate data and information relating to Customer's and its Authorized Users' use of the Anova Platform, including technical logs, metadata, device information, configuration data, performance data, and feature usage statistics ("Usage Data"). Anova may use Usage Data for its business purposes, including to operate, maintain, support, improve, analyze, and develop the Anova Platform, to create new products and services, and for benchmarking, analytics, and industry reporting, provided that Usage Data does not identify Customer or any individual.

4.1 Customer Content. "Customer Content" means any and all information, data, statistics, and other content that Customer or an Authorized User submits to or uses with the Anova Platform. Customer is solely responsible for any and all obligations with respect to the accuracy, quality and legality of Customer Content. Customer will obtain all third party licenses, consents and permissions needed for Anova to use the Customer Content to provide the Anova Platform. Without limiting the foregoing, Customer will be solely responsible for obtaining from third parties all necessary rights for Anova to use the Customer Content submitted by or on behalf of Customer for the purposes set forth in this Agreement.4.2 Customer License Grant. Customer grants Anova a non-exclusive, worldwide, royalty-free and fully paid license during the term of this Agreement (a) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, use and distribute the Customer Content as necessary for purposes of providing the Anova Platform. As between the parties, Customer is the exclusive owner of the Customer Content and all worldwide intellectual property rights therein. All rights in and to the Customer Content not expressly granted to Anova in this Agreement are reserved by Customer.4.3 Customer Warranty. Customer represents and warrants that any Customer Content will not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage Anova's system or data; and (e) otherwise violate the rights of a third party. Customer is solely responsible for creating backup copies of any Customer Content at Customer's sole cost and expense. If Customer processes the personal data of any third party in Customer's use of the Anova Platform, Customer is responsible for providing legally adequate privacy notices and obtaining necessary consents for processing, storage, use and transfer of such data, and, without limitation to any other terms of this Agreement, Customer represents and warrants that Customer has provided all necessary privacy notices and obtained all necessary consents in connection with the foregoing. Customer agrees that any use of the Anova Platform contrary to or in violation of the representations and warranties of Customer in this Section 4.3 (Customer Warranty) constitutes unauthorized and improper use of the Anova Platform.4.4 Video Content. The Anova Platform allows Customer and its Authorized Users to share videos with other third parties. Anova and its Affiliates shall not be responsible for such third parties' use of any shared video.‍

5.1 Definition of Confidential Information. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has or may disclose or make available non-public information relating to the Disclosing Party's business, (including, without limitation, computer programs and tooling, technical drawings, algorithms, models (inclusive of data used therein), know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, customer and product development plans, forecasts, strategies and information), including any notes, summaries, memoranda or other derivatives prepared by the Receiving Party to the extent they reflect or reveal such information or data ("Confidential Information").5.2 Protection of Confidential Information. The Receiving Party agrees (i) to hold the Disclosing Party's Confidential Information in strict confidence and to take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials), (ii) not to divulge any such Confidential Information or any information derived therefrom to any third person, except its own employees, officers, directors, agents and advisors (collectively, "Representatives") who have a need to know for the purposes contemplated herein and who are subject to binding obligations of confidentiality with respect thereto, (iii) not to use the Disclosing Party's Confidential Information except to perform its obligations and exercise its rights under this Agreement, (iv) not to copy or reverse engineer any such Confidential Information and (v) not to export or reexport (within the meaning of U.S. or other export control laws or regulations) any such Proprietary Information or product thereof in violation of applicable law. Any breach of this Agreement by a Representative of the Receiving Party is deemed a breach by the Receiving Party.5.3 Exceptions. The foregoing shall not apply with respect to any information that the Receiving Party can document (i) is or becomes (through no improper action or inaction by the Receiving Party or any affiliate, agent, consultant or employee of the Receiving Party) generally available to the public, (ii) was in its possession or known by it without restriction prior to receipt from the Disclosing Party, (iii) was rightfully disclosed to it by a third party without restriction, or (iv) was independently developed without access to or use of any Confidential Information of the Disclosing Party. The Receiving Party may make disclosures required by law or court order provided, to the extent legally permissible, the Receiving Party uses diligent reasonable efforts to notify the Disclosing Party of such requirement and works with the Disclosing Party in good faith to prevent or limit disclosure.

6.1 In the course of providing the Anova Platform to Customer, Anova may process certain personal data and other information submitted to the Anova Platform by or on behalf of Customer ("Customer Data"). Anova will process Customer Data solely as necessary to provide and support the Anova Platform, in accordance with this Agreement and applicable law. Anova will implement reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, or disclosure. Anova may engage subprocessors to assist in providing the Anova Platform, provided that Customer remains responsible for their compliance with obligations substantially similar to those set forth in this Section.6.2 U.S. GOVERNMENT. The following terms apply if Customer is a U.S. public or government entity or use the Anova Platform on behalf of a U.S. public or government entity. The Anova Platform is a "commercial item," as defined at 48 C.F.R. §2.101, and constitutes "commercial computer software" and "commercial computer software documentation," as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.6.3 FERPA. If Customer is a school or educator in the United States ("Educational Organization"), Customer is responsible for complying with the U.S. Family Educational Rights and Privacy Act ("FERPA") other applicable federal student data privacy laws, and any applicable state student data privacy laws. Customers that are Educational Organizations must comply with this Section 6.3.1 Educational Customers shall (a) notify Athletes' parents/guardians of any personally identifiable information that it will collect and share with Anova and, if necessary (b) obtain parental/guardian consent before its Athletes sign up or use the Anova Platform. When obtaining such consent, Customer should provide parents/guardians with a copy of Anova's Privacy Policy, available at [INSERT LINK]. Customer must keep all consents on file and provide them to Anova upon request. If Customer is located outside of the United States, Customer shall obtain any required consents or approvals from the parent or guardian of any Athlete covered by similar laws and, as a condition to Customer's and its Authorized Users' use of the Anova Platform, Customer shall comply with such laws. Anova shall secure Customer's data in accordance with industry standards for education data. Where Anova processes education records on behalf of Customer, the parties agree that Anova acts as a "school official" within the meaning of FERPA, subject to Customer's direct control, and that Anova's access to education records is limited to the legitimate educational purposes described in this Agreement.6.4 Biometric Data. The Anova Platform may capture, analyze, or otherwise process biometric data, including but not limited to data derived from video analysis of athletes' physical movements, gait, or facial geometry ("Biometric Data"). Customer acknowledges that the collection and use of Biometric Data is subject to state biometric privacy laws, including the Illinois Biometric Information Privacy Act (740 ILCS 14, "BIPA"), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code 503.001 et seq.), the Washington My Health MY Data Act, and similar state laws (collectively, "Biometric Privacy Laws"). Prior to enabling any feature of the Anova Platform that processes Biometric Data, Customer shall: (a) publish and make available to athletes (and parents or guardians of minor athletes) a written policy establishing a retention schedule and guidelines for permanently destroying Biometric Data when the initial purpose for collecting or obtaining such data has been satisfied or within three (3) years of the athlete's last interaction with the Platform, whichever occurs first; (b) obtain a separate, specific, informed written consent from each athlete (or the parent or guardian of any minor athlete) prior to collection or use of any Biometric Data; (c) maintain all biometric consents on file and make them available to Anova upon request; and (d) comply with all notice, consent, and data security requirements under applicable Biometric Privacy Laws. Customer shall indemnify, defend, and hold harmless Anova Indemnitees from any claims arising from Customer's failure to obtain required biometric consents. Anova shall not sell, lease, trade, or profit from Biometric Data, and shall not disclose or disseminate Biometric Data except as necessary to provide the Anova Platform or as required by law.6.5 State Student Privacy Laws; Operator Obligations. The parties acknowledge that Anova, as a provider of an online platform used by educational institutions, may qualify as an "operator" under state stud

7.1 Term. These Terms will commence on the date Customer executes an Order referencing these Terms (the "Effective Date") and will continue for an initial period of one (1) year (the "Initial Term"). Thereafter, this Agreement will automatically renew for successive one (1) year periods (each, a "Renewal Term," and together with the Initial Term, the "Term"), unless either party provides the other with written notice of non-renewal at least sixty (60) days prior to the end of the then current Term, or until earlier terminated in accordance with these Terms.7.2 Termination; Suspension. Either party may terminate these Terms immediately upon notice to the other party if the other party materially breaches these Terms, and such breach remains uncured more than thirty (30) days after receipt of written notice of such breach. Anova may suspend or terminate Customer's rights to use the Anova Platform at any time if Customer's or its Authorized Users' use of the Anova Platform violates these Terms or applicable law.7.3 Effects of Termination. Upon termination of these Terms for any reason: (a) all rights and licenses granted under these Terms shall immediately terminate; (b) each party shall cease use of the other party's Confidential Information and, upon request, return or destroy such Confidential Information within thirty (30) days of such request; and (c) Customer will pay all outstanding Fees; and (d) Anova will, within sixty (60) days following the effective date of termination, permanently delete or return to Customer all Customer Data and athlete personal information in Anova's possession, and upon request certify such deletion in writing. Any provisions of these Terms that by their nature should survive termination of these Terms shall survive, including, without limitation, provisions relating to confidentiality, intellectual property ownership, data protection, indemnification, limitation of liability, dispute resolution, and any payment obligations accrued prior to termination.‍

8.1 Customer Indemnification. Customer shall defend, indemnify, and hold harmless Anova and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's use of the Anova Platform in violation of these Terms or applicable law; (b) Customer Content, including any claim that Customer Content infringes, misappropriates, or otherwise violates any third-party intellectual property, privacy, or other rights; (c) Customer's breach of these Terms; or (d) Customer's use of the Anova Platform in combination with any products, services, or data not provided by Anova, to the extent the claim would not have arisen but for such combination. Customer's indemnification obligations are conditioned on Anova: (i) promptly notifying Customer of the claim; (ii) granting Customer sole control of the defense and settlement of the claim (provided that Customer may not settle any claim in a manner that admits liability or imposes obligations on Anova without Company's prior written consent, not to be unreasonably withheld); and (iii) providing reasonable cooperation at Customer's expense.8.2 Indemnification by Anova. Anova shall defend, indemnify, and hold harmless Customer and its affiliates, and their respective officers, directors, employees, and agents (collectively, “Customer Indemnitees”), from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) any claim that the Anova Platform, as provided by Anova and used in accordance with this Agreement, infringes or misappropriates any third-party intellectual property right; (b) Anova’s gross negligence or willful misconduct in connection with the Anova Platform or its performance under this Agreement; (c) Anova’s material breach of its data security obligations under Section 6 of these Terms; or (d) Anova’s violation of applicable law in connection with its provision of the Anova Platform. Anova’s indemnification obligations are conditioned on Customer: (i) promptly notifying Anova of the claim; (ii) granting Anova sole control of the defense and settlement of the claim (provided that Anova may not settle any claim that admits liability on behalf of Customer or imposes obligations on Customer without Customer’s prior written consent, not to be unreasonably withheld); and (iii) providing reasonable cooperation at Anova’s expense.

9.1 THE ANOVA PLATFORM AND ANY DOWNLOADABLE DATA AND REPORTS ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANOVA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE ANOVA PLATFORM, INCLUDING THE DATA CONTAINED THEREIN. ANOVA DOES NOT REPRESENT OR WARRANT THAT THE ANOVA PLATFORM OR THAT THE ANOVA MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE ANOVA PLATFORM WILL BE UNINTERRUPTED. ANOVA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE ANOVA PLATFORM OR OUR DATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANOVA DOES NOT GUARANTEE THE ACCURACY OF ANY ADVICE, RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE ANOVA PLATFORM (“RECOMMENDATIONS”). CUSTOMER AND ITS AUTHORIZED USERS ARE SOLELY RESPONSIBLE FOR THE USE OF, AND RELIANCE ON, SUCH RECOMMENDATIONS.9.2 Disclaimer Regarding AI Technology. Customer acknowledges and agrees that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI Technology contained within the Anova Platform and the outputs it generates, including that (i) the outputs may contain errors or misleading information and may not be accurate or reliable; (ii) AI technology is based on predefined rules and algorithms that lack the ability to think creatively and produce new ideas and can result in repetitive or formulaic content; (iii) AI technology can struggle with understanding the nuances of language and tone, including slang, idioms, and cultural references, which can result in Output that is out of context, does not make sense and/or is impersonal; (iv) AI technology can struggle with complex tasks that require reasoning, judgment, and decision-making; and (vii) AI technology require large amounts of data to train and generate content, and the data used to train AI technology may be of poor quality, which will negatively impact the accuracy and quality of the generated output. Customer will use independent judgment and discretion before relying on or otherwise using output from the Platform Services including whether human review is appropriate or desirable before sharing or using any output.

‍10.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANOVA BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF ANOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. 10.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF ANOVA ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO ANOVA DURING THE TWELVE (12) MONTHS PRECEDING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. 10.3 The parties agree that the limitations of liability set forth in this Section 10 (Limitation of Liability) will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and these Terms entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.

Anova may change these Terms from time to time at its sole discretion, and if it makes any material changes, it will attempt to notify Customer by sending an email to the last email address provided to Anova and/or posting a notice on Anova’s website. Any material changes to these Terms will be effective upon the earlier of (1) Customer’s acceptance of the new Terms if Anova provides a mechanism for Customer’s immediate acceptance in a specified manner (such as a click-through review and acceptance mechanism) or (2) Customer’s next billing cycle.

Anova may change these Terms from time to time at its sole discretion, and if it makes any material changes, it will attempt to notify Customer by sending an email to the last email address provided to Anova and/or posting a notice on Anova’s website. Any material changes to these Terms will be effective upon the earlier of (1) Customer’s acceptance of the new Terms if Anova provides a mechanism for Customer’s immediate acceptance in a specified manner (such as a click-through review and acceptance mechanism) or (2) Customer’s next billing cycle.

‍These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Customer hereby expressly consents to the personal jurisdiction and venue in the state and federal courts for New York County, New York for any lawsuit filed there against Customer by Anova arising from or related to these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement

Customer’s relationship to Anova is that of an independent contractor, and neither party is an agent or partner of the other. Customer will not have, and will not represent to any third party that it has, any authority to act on behalf of Anova.

Customer will always comply with all international and domestic laws, ordinances, regulations, and statutes that are applicable to its license and use of the Anova Platform.

Customer acknowledges and agrees that children under the age of 13 are not permitted to create, maintain, or independently operate accounts on the Anova Platform. Company shall not knowingly permit, facilitate, or enable any child under the age of 13 to create or use an account on the Anova Platform.

‍No modification of or amendment to these Terms, or any waiver of any rights under these Terms, will be effective unless in writing and signed by an authorized signatory of Customer and Anova. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and Customer’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by Customer without Anova’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Anova may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters.