BENCHCUBE ANALYTICS INC.
SOFTWARE-AS-A-SERVICE (SAAS) TERMS OF USE

Effective Date: September 18, 2026 | Version 3.0 (Universal Framework)

1. ACCEPTANCE OF TERMS & ORDER HIERARCHY

1.1 Acceptance. By signing an Order Form, executing a Master Services Agreement, accessing, or utilizing the Benchcube Software-as-a-Service platform (the "Services"), the subscribing entity ("Customer" or "Organization") and its Authorized Users agree to be bound by these Terms of Use ("Terms"). If you are accepting these Terms on behalf of an Organization, you represent and warrant that you have full legal authority to bind that entity.

1.2 Order of Precedence. The agreement between Benchcube Analytics Inc. ("Benchcube") and Customer consists of these Terms, applicable Order Forms, and Benchcube's Privacy Policy and sector-specific Data Processing Addenda ("DPA"). In the event of any conflict or inconsistency among these documents, the order of precedence shall be:

• (a) A fully executed Order Form or Master Services Agreement signed by both parties;
• (b) The sector-specific Data Processing Addendum (DPA) or Privacy Policy, solely with respect to data protection and privacy matters;
• (c) These SaaS Terms of Use;
• (d) Any online documentation or user guides provided by Benchcube.

2. DEFINITIONS

2.1 "Aggregated Benchmarking Data": De-identified, summarized, or rolled-up financial data generated by Benchcube that presents financial metrics at an industry-standard or sector-standard level of aggregation (such as budget categories, departmental totals, or high-level financial statements) without revealing account-level detail or identifying individual organizations or persons.

2.2 "Authorized Users": Employees, agents, independent contractors, or designated representatives authorized by Customer to access and use the Services under Customer's subscription.

2.3 "Confidential Source Data": Fine-grained, account-level financial reporting data (such as General Ledger account extracts, trial balance records, or internal ledgers) submitted by or on behalf of Customer into the Services.

2.4 "Customer Data": All financial data, accounting records, files, texts, numbers, entries, or materials inputted by or on behalf of Customer into the Services, encompassing both Confidential Source Data and Contributed Information.

2.5 "Public-Facing Services": Portions of the Services (such as public dashboards or comparative benchmarking portals) designed to present Aggregated Benchmarking Data for comparative or transparency purposes.

2.6 "Secure Services": Portions of the Services requiring Valid Security Credentials to view Confidential Source Data or organization-specific account details.

2.7 "Valid Security Credentials": Unique usernames, passwords, multi-factor authentication credentials, or security keys assigned to Authorized Users.

3. GRANT OF ACCESS & USER CREDENTIALS

3.1 Subscription Grant. Subject to Customer's compliance with these Terms and payment of applicable Subscription Fees, Benchcube grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide right to permit Authorized Users to access and use the Services during the Subscription Term solely for Customer's internal business operations.

3.2 Dual-Tier Architecture & Security Boundaries. The Services operate under a dual-tier access model:

• (a) Secure Services Access: Access to fine-grained Confidential Source Data and account-level drill-down capabilities is strictly restricted to Authorized Users possessing Valid Security Credentials issued for Customer's specific Organization.
• (b) Public-Facing Services Access: Access to Aggregated Benchmarking Data and comparative dashboards is available via public or subscriber access keys as configured for Customer's industry or vertical requirements.

3.3 Credential Responsibility. Customer is solely responsible for maintaining the confidentiality and security of all Valid Security Credentials. Customer shall use all reasonable endeavors to prevent unauthorized access to or use of the Services, and shall notify Benchcube immediately upon becoming aware of any security breach or unauthorized credential usage.

4. USAGE RESTRICTIONS & ACCEPTABLE USE

4.1 Prohibited Activities. Customer shall not, and shall not permit any Authorized User or third party to:

• (a) Copy, modify, duplicate, frame, mirror, download, display, transmit, or create derivative works from any portion of the Services;
• (b) Reverse compile, disassemble, reverse engineer, or otherwise attempt to derive source code or underlying algorithms of the Services;
• (c) Access or use the Services to build a competitive product, service, or software platform, or to provide commercial data processing services to third parties;
• (d) License, sell, rent, lease, transfer, assign, distribute, display, disclose, or commercially exploit the Services;
• (e) Use automated tools, scrapers, crawlers, or bots to harvest, extract, or mine data from the Services;
• (f) Attempt to probe, scan, or test the vulnerability of Benchcube's systems or networks, or bypass security boundaries.

5. CUSTOMER DATA & ANONYMIZED BENCHMARKING LICENSE

5.1 Customer Ownership. As between Benchcube and Customer, Customer retains all right, title, and interest in and to all Customer Data submitted to the Services.

5.2 Data Lawfulness Warranty. Customer warrants and covenants that it possesses all necessary legal rights, authorizations, and third-party consents (including compliance with all applicable regional data protection and privacy laws) to transfer Customer Data to Benchcube for processing under these Terms.

5.3 Anonymized Benchmarking License Grant. Customer hereby grants Benchcube a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable license to process, aggregate, summarize, de-identify, and analyze Customer Data to produce Aggregated Benchmarking Data, industry performance metrics, comparative reports, and platform enhancements, provided that such data is presented solely in a form that does not identify Customer or any individual person.

6. PRIVACY, DATA PROTECTION & SECTOR-SPECIFIC DPAS

6.1 Privacy Governance. Benchcube's processing of Personal Data is governed by Benchcube's online Privacy Policy and any applicable sector-specific or jurisdiction-specific Data Processing Addenda ("DPA").

6.2 Sector & Regional Flexibility. Where required by applicable legislation or contract:

• (a) Canadian Public Sector: Confidential Source Data at rest is hosted exclusively on enterprise cloud servers located in Canada;
• (b) Healthcare / Private Practice: Data processing shall comply with applicable health information privacy standards (e.g., HIPAA Business Associate Agreements where applicable);
• (c) International Operations: Cross-border transfers shall adhere to applicable data privacy frameworks (such as GDPR Standard Contractual Clauses).

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Benchcube IP. Benchcube (and its licensors) retains all right, title, and interest, including all patent, copyright, trade secret, trademark, and other intellectual property rights, in and to the Services, software code, algorithms, reporting formats, visualization designs, and all updates, modifications, or derivative works thereof.

7.2 Feedback. If Customer or any Authorized User provides suggestions, ideas, or feedback regarding the Services, Benchcube shall own all rights in such feedback and may use it without restriction or compensation.

8. SUBSCRIPTION FEES, PAYMENT & RENEWALS

8.1 Payment Obligations. Customer shall pay all Subscription Fees specified in the Order Form. All fees are quoted and payable in the currency specified on the Order Form and are non-refundable except as expressly stated herein.

8.2 Overdue Payments & Late Interest. Invoices not paid when due shall accrue interest at the rate of 1.5% per month (18% per annum) or the maximum legal rate, whichever is lower, calculated daily from the due date until paid in full. Customer shall reimburse Benchcube for reasonable legal and collection fees incurred in recovering overdue balances.

8.3 Automatic Renewal. Subscriptions shall automatically renew for successive twelve (12) month periods unless either party provides written notice of non-renewal at least sixty (60) days prior to the expiration of the then-current term.

9. WARRANTIES & DISCLAIMERS

9.1 Service Warranty. Benchcube warrants that it will provide the Services with reasonable care and skill substantially in accordance with platform documentation.

9.2 Beta and Preview Services. Benchcube may offer optional access to beta, trial, or preview features ("Beta Services"). Beta Services are provided strictly "AS IS" without warranties of any kind, may contain bugs or errors, and may be discontinued at any time without liability.

9.3 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BENCHCUBE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Aggregate Financial Cap. BENCHCUBE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO BENCHCUBE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11. INDEMNIFICATION

11.1 Customer Indemnity. Customer shall defend, indemnify, and hold harmless Benchcube, its officers, directors, and employees against any third-party claims, liabilities, damages, losses, and expenses arising from Customer's breach of usage restrictions, unlawful Customer Data, or failure to secure required data subject consents.

11.2 Benchcube Indemnity. Benchcube shall defend and indemnify Customer against third-party claims alleging that Customer's authorized use of the Services infringes any valid patent, copyright, or trademark, subject to prompt written notification and sole defense control.

12. TERM, TERMINATION & POST-TERMINATION DATA

12.1 Term & Breach Termination. These Terms remain in effect for the duration of the Subscription Term. Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of receiving written notice.

12.2 Post-Termination Data Handling. Upon termination, Authorized User access to Secure Services terminates immediately. Customer retains access to standard general reporting outputs generated prior to termination, but shall not be entitled to bulk raw data dumps. Benchcube retains the perpetual right to utilize Aggregated Benchmarking Data generated prior to termination.

13. GENERAL PROVISIONS & GOVERNING LAW

13.1 Governing Law & Venue. These Terms and any dispute or claim arising out of or in connection with them shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law rules. The parties submit to the exclusive jurisdiction of the courts located in Penticton, British Columbia.

13.2 Severability & Waiver. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any right or provision shall not constitute a waiver.

13.3 Entire Agreement. These Terms, together with the applicable Order Form, Master Services Agreement, and Privacy Policy/DPA, constitute the complete and exclusive statement of agreement between the parties regarding the subject matter.

13.4 Force Majeure. Neither party shall be liable for failure or delay in performing its obligations (except for payment obligations) under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, cyber-attacks, or failures of public utilities or telecommunication providers.

13.5 Modification of Terms. Benchcube reserves the right to modify these Terms from time to time. Benchcube will provide written or electronic notice of material updates at least thirty (30) days prior to their effective date. Continued use of the Services following the effective date constitutes acceptance of the modified Terms.

13.6 Electronic Communications Consent. Customer consents to receiving communications from Benchcube electronically, including via email or notices posted within the Services, and agrees that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.