Enterprise Subscription Terms

Effective August 4, 2025

BY EXECUTING AN ORDER FORM (“ORDER FORM”) THAT REFERENCES THIS ENTERPRISE SUBSCRIPTION AGREEMENT (“ESA”) FOR THE SERVICES (“SERVICES”) PROVIDED BY STATSIG, INC. (“STATSIG”), YOU (MEANING YOU PERSONALLY AND THE COMPANY YOU REPRESENT AND ON WHOSE BEHALF YOU ARE DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT, COLLECTIVELY, “CUSTOMER”) ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS ESA. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS ESA, CUSTOMER SHALL NOT SIGN UP FOR AN ACCOUNT OR ACCESS THE SERVICES. STATSIG MAY MODIFY THIS ESA FROM TIME TO TIME. THE MOST CURRENT VERSION OF THIS ESA WILL BE POSTED ON STATSIG’S WEBSITE AND ANY UPDATED VERSION WILL SUPERSEDE ALL PREVIOUS VERSIONS. THE UPDATED ESA WILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE ABOVE. NO SEPARATE NOTICE WILL BE REQUIRED, AND CUSTOMER’S CONTINUED USE OF THE SERVICES AFTER THE UPDATED VERSION OF THE ESA IS POSTED WILL CONSTITUTE CUSTOMER’S ACCEPTANCE OF SUCH UPDATED TERMS.

1. SERVICES

Subject to the terms and conditions of this ESA, Statsig will provide Customer with access to the Services and any written materials relating to the use of the Services that Statsig makes generally available (“Documentation”) solely for Customer’s own internal business purposes. This ESA does not entitle Customer to any support, upgrades, patches, enhancements, or fixes to the Services. Statsig may suspend, change, or discontinue any part of the Services at any time at its sole discretion. By using the Services, Customer gives Statsig the right to use Customer’s name and logo in any Statsig marketing materials and agrees to participate in a case study that may be published on Statsig’s website and/or in any marketing materials.

2. RESTRICTIONS

Customer will not, and will not permit any employee, contractor, agent, or other third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover or obtain the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data related to the Services, except to the limited extent such prohibition is contrary to applicable law; (b) modify, translate, or create derivative works based on the Services; (c) use the Services for timesharing or service bureau purposes or for any purpose other than its own internal use for its own internal benefit; (d) attempt to probe, scan or test the vulnerability of the Services, breach the security or authentication measures of the Services, or willfully render any part of the Services unusable; (e) use or access the Services to develop a product or service that is competitive with the Services or use or access the Services to engage in competitive analysis or benchmarking; (f) upload any data or use the Services in any manner that is infringing, defamatory, harmful, fraudulent, illegal, deceptive, threatening, harassing, or obscene; or (g) use the Services other than in accordance with this ESA and in compliance with all applicable laws, regulations and rights.

3. RESPONSIBILITIES

Customer will cooperate with Statsig in connection with the performance of this ESA, including by making available personnel and information as may be required and taking all other actions as Statsig may request. Customer will be responsible for maintaining the security of Customer’s account, passwords and files, and for all uses of Customer’s account with or without Customer’s knowledge or consent. Customer is responsible for providing and maintaining true, accurate, current and complete information about its account.

4. THIRD-PARTY SERVICES

To the extent Customer uses any third-party service (“Third-Party Service”) in connection with the Services, Customer acknowledges that any exchange of data or interaction with such Third-Party Service is governed by such third party’s terms. Statsig is not responsible for the operation of any Third-Party Services nor the availability or operation of the Services to the extent dependent upon Third-Party Services. Customer is solely responsible for procuring all rights necessary for it to access Third-Party Services and for complying with any applicable terms thereof. Statsig does not make any representation or warranty with respect to Third-Party Services or any third-party providers and may cease providing any integrations with Third-Party Services at any time.

5. CONFIDENTIALITY

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). The Receiving Party agrees: (a) not to divulge to any third party any such Proprietary Information unless expressly permitted to do so under this ESA or with the written approval of Disclosing Party, (b) to give access to such Proprietary Information solely to those employees with a need to have access thereto for purposes of this ESA, and (c) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Receiving Party takes with its own proprietary information, but in no event will the Receiving Party apply less than reasonable precautions to protect such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document: (i) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party; (ii) was in its possession or known by it without restriction prior to receipt from the Disclosing Party; (iii) was rightfully disclosed to it without restriction by a third party; or (iv) was independently developed without access to, reference to, or use of any Proprietary Information of the Disclosing Party. Nothing in this ESA will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. In any event, Statsig may aggregate data and use such aggregated data to evaluate and improve the Services and otherwise for its internal business purposes.

6. INTELLECTUAL PROPERTY RIGHTS

Subject to the limited rights expressly granted hereunder, Statsig alone (and its licensors, where applicable) will retain all rights, title, and interest in and to the Services and data relating to the Services (other than Customer Data as defined herein), including all related Intellectual Property Rights. In addition, Statsig will own all Intellectual Property Rights in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information (collectively, “Feedback”) provided by Customer or any third party relating to the Services. Statsig may, in its sole discretion, incorporate any Feedback into the Services. Customer will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this ESA. This ESA is not a sale and does not convey to Customer any rights of ownership in or related to the Services or any Intellectual Property Rights. “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, licenses and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

7. CUSTOMER DATA

“Customer Data” means any data, information, and content provided by or uploaded to the Services by Customer. Subject to the limited rights expressly granted hereunder, Customer will retain all rights, title, and interest in and to Customer Data. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and right to use Customer Data. Statsig will process Customer Data to perform its obligations under this ESA, including to improve the Services, and to the extent applicable, in compliance with the Data Processing Addendum (“DPA”) available at https://statsig.com/legal/online-dpa, which is hereby incorporated by reference. Customer agrees that it will not provide or upload any Customer Data in violation of any applicable laws or regulations, privacy policies, agreements or other obligations Customer may maintain or otherwise enter with third parties. Customer further agrees that it will not provide or upload any Customer Data that may be deemed sensitive under applicable law, including, but not limited to, data relating to health or health conditions, financial data, biometric or genetic data, or data relating to or about individuals under the age of 18 or the age of consent in the applicable jurisdiction, whichever is greater. Although Statsig has no obligation to monitor Customer Data, Statsig may do so and may remove any Customer Data or prohibit any use of the Services it believes may infringe or violate the rights of a third party or otherwise violate this ESA.

8. FREE TRIAL; BETA FEATURES

This section applies to the extent Customer is (a) accessing the Services for a free trial period (“Free Trial”); or (b) otherwise using any features, functionality, or services Statsig makes available to Customer labeled as “beta”, “preview”, “early access”, “non-production”, “evaluation”, or similar designation (collectively, “Beta Features”). CUSTOMER ACKNOWLEDGES THAT ANY FREE TRIALS AND/OR BETA FEATURES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES OF ANY KIND. STATSIG (AND ITS AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CUSTOMER USES FREE TRIALS AND/OR BETA FEATURES AT ITS SOLE RISK AND STATSIG SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR LOSS OF ANY KIND ARISING FROM ANY FREE TRIALS OR BETA FEATURES. THIS SECTION CONSTITUTES STATSIG’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY FREE TRIALS OR BETA FEATURES.

9. FEES

Unless otherwise stated in an Order Form, Customer will pay Statsig the applicable fees as set forth in the Order Form (the “Fees”). All Fees shall be paid annually in advance within 30 days of invoice in U.S. Dollars and are nonrefundable. If Customer’s use of the Services exceeds the annual usage commitment (“AUC”) set forth in the applicable Order Form, Customer will be invoiced at the end of each calendar month for the excess usage over the AUC at the rate set forth in the Order Form. Customer agrees to pay the additional fees without any right or set off or deduction (except, and only to the extent, of a good faith billing dispute). Payment obligations are non-cancelable, and an Order Form amount and AUC cannot be decreased during the relevant term. Any purchase order terms or similar terms issued by Customer in connection with an Order Form will have no effect even if executed by Statsig. The Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, but not limited to, value-added, sales, use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Customer is responsible for paying all Taxes that may be associated with the purchases hereunder, and to the extent Statsig pays Taxes for which Customer is responsible, Customer agrees to pay any amount paid by Statsig plus all costs and expenses incurred by Statsig. Unpaid Fees are subject to a finance charge of 1.5% per month on the outstanding balance, or the maximum permitted by law, whichever is higher, plus all expenses of collection.

10. SERVICE LEVEL AGREEMENT

Provided Customer has purchased premium support during the applicable Order Form term, Statsig will use commercially reasonable efforts to maintain 99.95% availability (“Service Availability”) of the Service user interface (“Console”) in each applicable calendar month. Service Availability is calculated per calendar month as follows: ((maximum available minutes – downtime) / maximum available minutes) x 100. If Service Availability is less than 99.95% for a given month, Customer may be eligible to receive a service credit in accordance with the schedule below (“Service Credit”), calculated as a percentage of the total charges paid by Customer for the Services during the applicable month:

The calculation of Service Availability downtime does not include unavailability caused by any of the following: (a) scheduled maintenance, provided Statsig notifies Customer at least 5 business days in advance of any scheduled maintenance, and any such maintenance does not exceed 4 hours in a given month and only takes place between 10pm and 4am Pacific Time; (b) emergency maintenance (non-scheduled), provided Statsig promptly notifies Customer (via email or through the Services) of any non-scheduled or emergency maintenance and any other anticipated outages or performance degradation; (c) suspension or termination of the Services; (d) failure of Customer or third-party equipment, software or technology upon which the Services are dependent, including, but not limited to, cloud infrastructure services upon which the Services operate, and inaccessibility to the Internet, provided that such failure or inaccessibility is not caused by Statsig’s infrastructure and is otherwise outside of Statsig’s control; (e) Force Majeure Event as defined herein; (f) attack on Statsig’s infrastructure, including without limitation, a denial of service attack or unauthorized access, provided that such attack did not occur as a result of Statsig’s failure to maintain industry standard organizational controls and technical measures; or (g) unavailability due to Customer’s breach of this ESA.

If Statsig does not meet the Service Availability, Customer must deliver a reasonably detailed, written request (“SLA Request”) to support@statsig.com no later than 30 calendar days after the day on which Service Availability first drops below 99.95% to be eligible for a Service Credit. To be deemed valid, the SLA Request must include: (a) the words “SLA Credit Request” in the email subject line; (b) the dates and times of each period of Service unavailability, with such accuracy as can reasonably be determined; (c) a description of the events that may have indicated an unavailability during the stated dates and times; and (d) monitoring logs or supporting evidence corroborating Customer’s claimed outage, with any confidential or personally identifying information removed. Upon receipt of a valid SLA Request, Statsig will, in its sole and reasonable discretion, determine whether Customer is eligible for a Service Credit. If Statsig confirms that Customer is eligible for a Service Credit, Statsig will apply the Service Credit to the next applicable billing cycle. Statsig will not pay any Service Credit as a refund. If Statsig determines Customer is not eligible for a Service Credit, Statsig will provide the information used in its determination to Customer within 30 business days.

LIMITATION: THE SERVICE CREDITS DESCRIBED IN THIS SECTION ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR THE FAILURE TO MEET THE SERVICE AVAILABILITY.

11. TERM AND TERMINATION

Except as otherwise specified in an Order Form, each subscription term will automatically renew for 12-month periods unless either party gives the other party notice of non-renewal at least 60 days prior to the end of the then-current term. Statsig may increase the Fees for any renewal term by providing Customer with at least 90 days’ prior written notice. Continued use of the Services after the effective date constitutes acceptance of the new Fees. Statsig may suspend Customer’s access to the Services or terminate this Agreement: (a) for non-payment of Fees; (b) for Customer’s breach of this Agreement; (c) in the event Statsig suspects or detects Customer is abusing the Services; (d) upon Customer’s insolvency, receivership, bankruptcy, or assignment for the benefit of creditors; or (e) upon Customer’s dissolution or ceasing to do business. Customer may terminate this ESA upon 30 days prior written notice for Statsig’s material breach provided Statsig does not cure such breach prior to the expiration of the 30-day notice period. All sections of this ESA which by their nature should survive termination will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.

12. WARRANTY DISCLAIMER

THE SERVICES, DOCUMENTATION, STATSIG PROPRIETARY INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS ESA ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES OF ANY KIND. STATSIG (AND ITS AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13. INDEMNIFICATION

Statsig shall indemnify, defend and hold harmless Customer against any third-party claim, damages, losses, liabilities, settlements and expenses (including without limitation reasonable attorneys’ fees and related costs) (hereinafter, collectively, “Claim”) made or brought against Customer alleging that the use of the Services as permitted hereunder infringes the U.S. intellectual property rights of a third party. The foregoing obligations do not apply with respect to portions or components of the Services (a) not created by Statsig, (b) resulting in whole or in part from Customer specifications, (c) that are modified by or on behalf of Customer, (d) combined with other products, processes, or materials not provided by Statsig, (e) to the extent liability arises from Customer’s use or allegedly infringing activity that continues after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (f) where Customer’s use of the Services is not in accordance with this ESA and Documentation. If an injunction is issued against Customer’s use of the Services due to infringement, or if in Statsig’s judgment the Services are likely to become the subject of a successful claim of infringement, Statsig may at its option and expense, replace or modify the Services so they become non-infringing or terminate the ESA and applicable Order Forms.

Customer shall indemnify, defend and hold harmless Statsig against any Claims (i) made or brought against Statsig alleging that any Customer Data uploaded to the Services infringes or misappropriates the intellectual property rights of a third party; or (ii) arising from Customer’s use of the Services in violation of any term of this ESA.

Each party’s indemnification obligations are conditioned upon the indemnified party promptly notifying the indemnifying party of any Claim in writing and reasonably cooperating with the indemnifying party in the defense of any Claim. The indemnified party will have the right to participate in the defense of any Claim with counsel selected by it subject to the indemnifying party’s right to control the defense thereof. The fees and disbursements of such counsel will be at the indemnified party’s expense. Notwithstanding any other provision of this ESA, the indemnifying party shall not enter a settlement of any Claim without the prior written consent of the indemnified party, which shall not be unreasonably withheld.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL STATSIG (OR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE COST OF SUBSTITUTE SERVICES OR TECHNOLOGY, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS ESA, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, LOSS OF REVENUE OR ANTICIPATED PROFITS, BUSINESS OR SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. STATSIG’S TOTAL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID TO STATSIG HEREUNDER IN THE TWELVE-MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. U.S. GOVERNMENT MATTERS

Customer will not export, re-export, or provide the Services or any software or anything related thereto (collectively, “Controlled Subject Matter”) in violation of U.S. export control laws, including restrictions by the U.S. Department of Commerce, the U.S. Department of Treasury Office of Foreign Assets Control, or any other U.S. or foreign agency or authority. Without limiting the foregoing, Customer will not use, transfer, or otherwise export or re-export the Controlled Subject Matter to any embargoed countries or to any person or entity on an applicable restricted party list. Customer represents that it and its users are not located in an embargoed country or on any restricted party lists.

16. FORCE MAJEURE EVENT

Statsig will not be responsible for any failure or delay in fulfilling or performing any term of this ESA to the extent such failure or delay is caused by events outside of Statsig’s reasonable control, including, but not limited to: flood, fire or explosion, war, invasion, riot or other civil unrest, terrorist or criminal acts, cyberattacks, internet disruptions, embargoes or blockades, acts of God, or national or regional emergencies (each a “Force Majeure Event”). In the case of a Force Majeure event, Statsig will use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

17. MISCELLANEOUS

If any provision of this ESA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this ESA will otherwise remain in full force and enforceable. Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Statsig. The parties are independent contractors, and no agency, partnership, joint venture, or employment is created as a result of this ESA. Customer does not have any authority of any kind to bind Statsig in any respect whatsoever. There are no third-party beneficiaries to this ESA. All notices under this ESA will be in writing and will be deemed to have been duly given when receipt is electronically confirmed. Notices to Statsig must be sent to contractnotices@statsig.com. This ESA will be governed by the laws of the State of Washington, U.S.A. without regard to its conflict of laws provisions. The federal and state courts sitting in King County, Washington, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this ESA, provided that either party may seek injunctive relief in any court of competent jurisdiction. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this ESA. In any action or proceeding arising out of or relating to this ESA, the prevailing party will be entitled to recover its reasonable attorneys’ fees and related costs.