GENERAL TERMS AND CONDITIONS OF SERVICES v2.0

(hereinafter “GTC”)

These General Terms and Conditions of TH-EY S&D LTD (a company registered in England and Wales, with registered number 11033177 having its registered office at 3 Wingfield Road, London, England, E15 1LP) shall apply to Orders placed by the Ordering Party and executed by the Service Provider.

I. General provisions

1. Unless otherwise agreed in the Order, the GTC shall apply to all Services provided by TH-EY S&D LTD as Service Provider to the Ordering Party on the basis of a concluded written Order for IT services (hereinafter: “Services”).

2. The Ordering Party shall familiarise itself with the GTC before placing the Order. By entering into an Order, the Parties incorporate the GTC into the legal relationship thus established. The GTC shall apply to all Services that are the subject of Orders placed by the Ordering Party and performed by the Service Provider unless the Parties expressly agree otherwise in a given Order.

3. Any contrary, conflicting or additional terms and conditions of the Ordering Party relating to the rights or obligations under the Order or the GTC shall apply only if accepted in writing by the Service Provider.

4. An Order shall be valid and binding when it is in writing, electronic or documentary form and signed by an Authorised Representative of each Party.

5. The version of the GTC applicable to an Order is the version indicated in that Order and attached to it. A later change of the GTC applies only to Orders concluded after the change enters into force, unless the Parties agree otherwise.

6. “Representatives” means the persons indicated in the Order as the Parties’ representatives for the day-to-day cooperation. “Authorised Representatives” means the persons indicated in the Order as authorised to sign the Order on behalf of the Parties.

II. Terms of cooperation

1. The Services may relate, in particular, to:

1) analytical services, design services, programming services, implementation services,

2) software testing,

3) drafting documentation,

4) substantive supervision over the services referred to above,

5) support and maintenance,

6) in relation to software, digital services or IT systems – depending on the subject of the Services order (hereinafter referred to as the “Order”).

2. The Services provided by the Service Provider consist of the performance by members of staff (hereinafter: “Personnel”) – selected for this purpose by the Service Provider – e.g. any persons engaged in work or cooperation with the Service Provider or its related entity (TH-EY POLAND spółka z ograniczoną odpowiedzialnością, with its registered office in Kraków, ul. Rynek Główny 28, 31-010 Kraków, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000938268, NIP (Taxpayer Identification Number): 6762607703, REGON (National Statistical Number): 520669255) or presented to the Ordering Party as a candidate to the group of persons providing the Services, regardless of whether they perform their tasks on the basis of an employment contract, a civil law contract, appointment to the body of an organisational unit or legal person, obtained proxy or power of attorney, as sole proprietors cooperating with the Service Provider or its related entity, or as a result of involvement in another way.

3. Services shall be provided by members of the Service Provider’s Personnel on business days during business hours (time between 9:00 and 17:00 Central European Time, unless the Order specifies other hours), within a billing period, established in a given Order.

4. In the event that a member of the Personnel cannot perform the Services due to waiting for the delivery of information or Materials by the Ordering Party, then – unless otherwise agreed by the Representatives of the Parties – the Ordering Party shall be obliged to pay the remuneration for the waiting time of the member of the Personnel as for each hour of providing the Services, as established in a given Order.

5. The Service Provider declares that the subject of given Orders will be performed in accordance with the current state of IT knowledge, and the Services will be provided with due diligence and at the highest level resulting from the professional nature of the activities carried out by the Service Provider.

III. Acceptance of the Services

Unless otherwise specified in the Order:

1) in the case of provision of the Services under the TM model, members of the Service Provider’s Personnel shall be required to report, in a manner selected by the Service Provider, the number of hours spent on the performance of Services for the Ordering Party. The Service Provider shall submit to the Ordering Party, after the end of the billing period (established in a given Order), together with the invoice referred to in section V.7, a summary covering the number of hours of Services provided during the billing period (hereinafter the “Report”). If the Ordering Party does not make substantive comments on the Report within 5 business days since its receipt from the Service Provider, it shall be deemed that:

a) the Report has been approved by the Ordering Party in its entirety and without objections,

b) all Services covered by the report have been received without defects and unconditionally,

c) the Ordering Party has received the works established under the Services covered by the respective Report.

2) in the case of the provision of the Services in the FP model, unless otherwise specified in the Order, the Service Provider shall submit the subject of a given Order to the Ordering Party for approval in accordance with sections 3 to 8 below. If the Ordering Party does not make substantive comments on the subject of the Order within 5 business days from the date of its receipt from the Service Provider, it shall be deemed that:

a) the subject of the Order has been approved by the Ordering Party in its entirety and without objections,

b) all Services covered by the approval have been received without defects and unconditionally,

c) the Ordering Party has received the works established under the Services covered by the respective Order.

3) In the FP model, if the Ordering Party refuses acceptance, it shall provide, within the period referred to in section 2, one consolidated and exhaustive list of non-conformities of the subject of the Order with the acceptance criteria agreed in the Order, together with the information necessary to reproduce each reported non-conformity. Comments submitted after that period, or not included in the first consolidated list, shall not suspend acceptance, unless they concern a non-conformity that could not have been detected earlier with due diligence or one that arose directly from corrections made by the Service Provider.

4) If the comments are justified, the Service Provider shall remove the non-conformities covered by the agreed scope and resubmit the subject of the Order for acceptance. The Ordering Party shall have 5 business days for a second and final round of verification, in which it may submit one consolidated list limited to: (a) non-conformities properly reported in the first round that have not been removed; or (b) new non-conformities arising directly from corrections made after the first round.

5) The standard acceptance procedure comprises a maximum of two rounds of comments on a given subject of an Order or milestone. A round means one consolidated list of comments submitted by the Ordering Party. The limit on rounds does not release the Service Provider from the obligation to remove objective non-conformities with the expressly agreed acceptance criteria that were properly reported in accordance with this section.

6) Comments that constitute a change of preferences, an extension of functionality, new requirements, re-reporting of a previously removed comment without indicating an objective non-conformity with the acceptance criteria, or discrepancies resulting from incomplete Materials or a change of environment, are not defects. They shall be carried out as a change of scope or as separate Services, after the impact on the remuneration and deadlines has been agreed.

7) If the subject of an Order consists of parts that are functionally separate or provided for in the Order (e.g. milestones), a non-conformity of one part shall not suspend acceptance of the remaining parts that meet the acceptance criteria. Those parts shall be accepted partially, and the procedure for removing non-conformities shall continue only for the parts covered by justified comments.

8) Minor non-conformities that do not prevent the use of the essential functions of the subject of the Order shall not suspend acceptance; the Service Provider shall remove them within an agreed period. Commencement of productive use of the subject of the Order, or making it available to end users, shall be deemed acceptance without comments, unless the nature of the non-conformity objectively prevented its earlier detection.

IV. Obligations of the Ordering Party

1. In order to enable the Service Provider to perform the subject of the Orders correctly and on time, the Ordering Party undertakes to:

1) provide the Service Provider with all data, information and materials necessary for the performance of the Services (hereinafter collectively referred to as the “Materials”), within the time limit agreed by the Parties, and if the deadline has not been agreed – within 2 business days of the Service Provider’s request,

2) provide all relevant licences, approvals, authorisations and/or permits for third-party software necessary for the proper performance of the Services covered by the respective Order, in particular the Services involving the integration of the result of the Services provided by the Service Provider under the Order with third-party software,

3) ongoing cooperation with the Service Provider and its Personnel, including through:

a) ensuring the availability of the Ordering Party’s Representative and

b) providing answers to questions and substantive consultations during the provision of the Services,

4) performance of all activities on the part of the Ordering Party agreed by the Parties, including – if necessary – to ensure proper cooperation by third parties with whom the Ordering Party cooperates, whose actions are necessary to perform the Order or for the proper provision of Services,

5) timely payment of the remuneration, in accordance with a given Order.

2. The Ordering Party declares that:

1) it has exclusive and unlimited copyrights to the Materials or has appropriate permissions, licences, consents or permits thereto,

2) it may use or dispose of the Materials to the extent necessary to perform the Order and Orders, including the Service Provider may use them when providing the Services,

3) it has entered into all required agreements with third-party software providers (third parties) and has acquired all rights under the licensing terms of third-party software to ensure the conditions necessary for the proper execution of the subject of the Order.

3. If the Parties have agreed that in connection with the provision of the Services the Service Provider will incur certain expenses (e.g., purchase of a domain, external services), the Ordering Party agrees to reimburse the Service Provider for such documented, reasonable and approved by the Ordering Party expenses. Unless otherwise agreed by the Parties:

1) the Service Provider undertakes to provide documents confirming the costs incurred;

2) the Service Provider shall re-invoice the costs incurred, attaching copies of approved documents confirming the costs incurred, no less frequently than once a month – together with an invoice for the Services performed.

4. The Parties agree to engage all necessary resources for the efficient and timely performance of the Order. However, if the Ordering Party requires additional Services that have not been previously agreed upon by the Parties, the Service Provider may commence provision of such Services on the Ordering Party’s express acceptance of the necessary additional costs of the Service Provider – such as the cost of assigning an additional member of the Service Provider’s Personnel. Unless otherwise agreed by the Parties, discussion of such additional Services shall not affect other Services.

V. Service Provider’s Remuneration

1. The Service Provider shall be entitled to remuneration for the provision of the Services as set forth in the Order.

2. Remuneration for the performance of the subject matter of a given Order may be settled in two models:

1) according to a pre-agreed lump sum (Fixed Price, FP) or

2) according to the Service Provider’s actual expenditures and costs, including the real-time of providing the Services (Time&Materials, TM).

3. For the FP model, in which the total amount of the Service Provider’s remuneration is predetermined in the Order, the Parties shall agree in detail on the scope, schedule and all necessary requirements for a given Order, including the specification of the Services or software to be provided, transformed or maintained as a result.

4. In the case of the TM model, the Parties agree in advance on the unit remuneration – charged per hour for the provision of Services. The Service Provider’s total remuneration shall depend on the number of hours spent by the Service Provider’s Personnel to perform the subject of the Order, unless the Order provides for a retainer (a fee for a reserved number of hours), in which case the remuneration is determined as set out in the Order. The Parties shall establish in the Order the unit rates for each member of the Personnel providing the Services.

5. Unless otherwise specified in a given Order, the following rules shall apply:

1) remuneration for Services provided during business hours on a business day – in accordance with the hourly rates specified in the Order,

2) additional remuneration for each hour of Services provided outside business hours on a given business day (excluding night hours) – in accordance with the overtime rates for business days indicated in the Order, provided that such rates are indicated in the Order and the Ordering Party requested or approved such Services in advance in writing,

3) additional remuneration for each hour of provision of the Services at times other than those indicated in 1) and 2) (outside business days or each day during night hours – the time between 21:00 and 07:00 Central European Time) – in accordance with the overtime rates for night hours and days off indicated in the Order, provided that such rates are indicated in the Order and the Ordering Party requested or approved such Services in advance in writing,

4) Services provided outside business hours on the Service Provider’s own initiative do not give rise to any additional remuneration; the hours worked are charged at the hourly rates specified in the Order.

6. If the provisions of the applicable law establish such an obligation, the remuneration will be increased by the amount of tax on goods and services (VAT) calculated according to the rates applicable on the date of issuing the invoice by the Service Provider.

7. The remuneration will be paid in arrears on the basis of an invoice – issued up to 14 days from:

a) in the case of the TM model – from the end of the billing period in which the Services covered by it were provided and sent to the Ordering Party along with the Report,

b) in the case of the FP model – from the acceptance of the subject of a given Order by the Ordering Party.

8. Unless otherwise stipulated in the Order, the remuneration will be paid to the Service Provider’s bank account indicated in the invoice within 14 days from the date of issuing the invoice to the Ordering Party. The date of payment is the date of crediting the funds to the Service Provider’s bank account.

9. In the event of a delay in payment of any of the invoices longer than 14 days, the Service Provider has the right to refrain from performing the Services and/or refrain from performing other services under a given Order – regardless of whether the obligation to perform them arose before the due date of the delayed invoice. For each day of delay in payment, the Service Provider will be entitled to statutory interest for delay in accordance with applicable law.

10. In the case referred to in sec. 9, the Service Provider is not liable for:

1) a delay or failure to meet any deadline, obligation or other arrangement of the Parties, expressed or measured by time, or for

2) the consequences of such a delay or failure to meet – for the Ordering Party and the activities carried out by it, including for any losses or profits lost by the Ordering Party as a result of such delay or failure to meet the deadline.

11. The Service Provider is entitled to periodically unilaterally adjust the rates of remuneration indicated in the Order, in an amount, however, limited to official data – inflation indicator, published by the Office for National Statistics. If a higher frequency of valorisation is not specified in a given Order, it will take place in December of a given calendar year or in January of the following year. The Service Provider shall notify the Ordering Party of each valorisation in writing or electronically.

12. If in the notification referred to in sec. 11 it is not stated otherwise, the indexation applies to the remuneration calculated starting from the first calendar month following the month in which the Ordering Party received the notification.

VI. Copyright

1. All intellectual property rights which are created prior to or independently of Orders are owned by each Party; provided, however, that each Party shall have a royalty-free licence to use the Materials to the extent necessary for the performance of the Orders.

2. If in a given Order it is not agreed otherwise, the Service Provider transfers to the Ordering Party – under the remuneration referred to in section V and the given Order – all copyrights to the works created or co-created by the Service Provider specially for the Ordering Party in the performance of the Order and delivered to the Ordering Party as results of the Services, including software (in source and object code), documentation, designs, analyses, reports, configurations, graphics and databases (hereinafter: “Works”). The copyrights pass to the Ordering Party at the time specified in sections 6 and 7 below.

3. The Service Provider transfers to the Ordering Party the right to exercise derivative copyrights to the Works and to consent to the use and execution of derivative copyrights to the Works by third parties, in particular the right to create, use and dispose of any studies of the Works, make any modification, alteration, adaptation and translation.

4. When performing the subject of the Orders, the Service Provider and its Personnel may use:

1) such ready works (including software or parts thereof) distributed or made available by third parties, which are licensed to the extent that they can be used to perform the subject of the Order (including on the basis of licences specified as open-source),

2) materials that are not works, that originate from third parties or that are created using tools that do not originate from the Service Provider or its Personnel (in particular, AI tools).

5. In the case, referred to in sec. 4 above, the Service Provider ensures that:

1) while providing the Services, it used such works – within the limits of the respective licences, and materials that are not works – within the limits of the law,

2) such works and/or non-works materials used by the Service Provider in the performance of the subject of the Order will enable the Ordering Party to use the subject of the Order in accordance with the purpose known to the Service Provider.

6. In the FP model, the copyrights to the Works forming part of a given subject of the Order or milestone pass to the Ordering Party at the later of: (a) acceptance (or deemed acceptance) of that subject of the Order or milestone, and (b) payment in full of the remuneration due for it. If the Order does not separate the remuneration for individual subjects of the Order or milestones, the copyrights pass upon acceptance and payment in full of the remuneration for the entire Order.

7. In the TM model, the copyrights pass successively, in respect of the Works created and delivered to the Ordering Party in a given billing period, which can be identified on the basis of the Report, hand-over documentation, repository, task management system or another agreed method of record. The copyrights to such Works pass to the Ordering Party at the later of: (a) approval (or deemed approval) of the Report for that period, and (b) payment in full of all due invoices relating to the Services provided in that period.

8. The transfer referred to in section 2 does not cover the Service Provider’s prior materials, standard and reusable components, solutions and know-how, or third-party software and materials, including open source. If any of the Service Provider’s materials, components or solutions has been incorporated into a Work, the Service Provider grants the Ordering Party, upon payment in full of the remuneration for the Work in which it was used, a non-exclusive, irrevocable licence, unlimited in territory and time, with the right to sublicense to entities using the Work for the Ordering Party, to the extent necessary to use, maintain, develop and modify the Work in accordance with its purpose.

9. Unless the Order expressly provides otherwise, the Ordering Party grants the Service Provider a non-exclusive, royalty-free consent, within the scope of the rights held by the Ordering Party, to use the Ordering Party’s name, trade mark and logo, and to describe the Services provided to the Ordering Party (in general terms: the type of Services, the period of their provision and, where a tender procedure requires it, the value of the Order), solely to indicate the Ordering Party as a client and a reference of the Service Provider in its portfolio, on its website, in presentations, offers, tender materials and communications concerning the Service Provider’s experience, including to contracting authorities and other prospective clients verifying that experience. The Service Provider shall not otherwise disclose confidential information or suggest any endorsement going beyond the fact of cooperation. The Order may exclude this consent in whole or in part.

VII. Protection of information, Personnel and customers

1. If the Parties have not entered into a separate non-disclosure agreement (NDA) or other agreement of similar nature or effect – or such agreement or arrangement is not in effect (for any reason) or not applicable to the Order – the provisions of sections 2 and 3 of this paragraph shall apply. The provisions of sections 4 and 5 of this paragraph shall apply irrespective of the existence of any such agreement.

2. To the extent required by applicable laws and regulations, each Party undertakes to maintain confidentiality with respect to activities undertaken in the performance of the Order and to protect personal data, personal property and other tangible and intangible assets of the other Party to which the Parties have access in the performance of the Order.

3. The obligations referred to in sec. 2 above shall bind the Parties for the period indicated in the relevant laws applicable to the Service Provider (including the GDPR), and in case such period is agreed by the Parties – during the performance of the Services and for a period of 24 months after the Service Provider performs the last of the Services for the Ordering Party.

4. Neither Party shall, during the performance of the Order and for a period of 12 months after the Service Provider has performed the last of the Services for the Ordering Party, employ or induce a change of employment or use the services under any legal relationship, directly (through any person, especially a member of its Personnel, or a related entity) or indirectly, any Personnel or other person related or cooperating with the other Party who was directly involved in the cooperation between the Parties or whose data was provided by the Party to the other Party – in particular as candidates for the provision of Services or participation in the execution of the Order.

5. In case of violation by the Ordering Party of the obligation referred to in section 4 above, the Ordering Party shall be obliged to pay to the Service Provider a contractual penalty in the amount of GBP 20,000.00 (twenty thousand pounds). In addition, the Service Provider shall be entitled to claim from the Ordering Party compensation in excess of the amount of the reserved contractual penalty on general terms. For the purposes of this section, one breach means the employment or engagement of one person, or inducing one person to change the cooperation, regardless of the number of actions taken for that purpose or of subsequent grounds of engagement. The total amount of contractual penalties due under this section in connection with one Order shall not exceed GBP 60,000.00 (sixty thousand pounds); this limit does not affect the Service Provider’s right to claim compensation exceeding the total amount of the contractual penalties due, on general terms. The Parties acknowledge that the Service Provider has a legitimate interest in protecting its investment in recruiting, training and retaining Personnel and the continuity of its services, and that the contractual penalty is proportionate to that interest.

6. The prohibition referred to in section 4 above does not apply to a person who responded to a public recruitment advertisement that was not directed at that person, or to a person with whom the Party concerned had a documented recruitment contact before that person was introduced to it by the other Party.

VIII. Liability

1. Each Party shall be liable for its own acts and omissions – as well as for the acts and omissions of members of its staff assigned by such Party to perform the Services or otherwise involved in the Parties’ cooperation with respect to the Order.

2. The Service Provider shall not be liable for non-performance or improper performance of the Order for reasons attributable to the Ordering Party or persons directed by the Ordering Party to cooperate with the Service Provider, subject to sec. 1 above.

3. The total Service Provider’s liability for non-performance or improper performance of the Order shall be limited:

1) in the scope covered by the liability insurance held by the Service Provider – up to the amount of the liability insurance,

2) in the scope not covered by the aforementioned insurance – up to the remuneration of the Service Provider for the provision of the Services or parts thereof covered by the given claim or circumstances, and if the Services under a given Order are performed for more than 6 months – to the remuneration for the Services performed during the last 6 months.

4. To the fullest extent permitted by law, the Parties exclude all warranties, conditions and other terms implied by statute, common law or otherwise, other than those expressly set out in the Order and the GTC (including the standard of performance set out in section II.5).

5. Neither of the Parties shall be liable for a failure to meet the deadlines or for other non-performance or improper performance of the Order, or failure to comply with any assurance or obligation, if it is due to circumstances or reasons beyond its control, including, inter alia, when it results from:

1) acts or omissions, or due to lack of cooperation of the other Party (including, inter alia, the Representative of the other Party, entities and persons under its control or members of the Personnel), or

2) due to circumstances of force majeure, e.g.

a) fire, breakdown or other random event, including those resulting in the unavailability or disruption of Internet connections or network services, or other interruptions, disruptions or difficulties in connections or communication;

b) a natural disaster, epidemic or state of epidemic emergency, strike, labour dispute, riot, civil unrest, war, state of war or other international, national or local conflict;

c) entry into force of new or amended legal provisions, or an administrative act, ruling, binding order or requirement of an authorised body or public institution that is binding for a given Party.

6. The Service Provider shall also not be liable for non-performance or improper performance of the Orders or for damages in the event:

1) when the Ordering Party, by itself or with the help of a third party, made changes to the source code or changed the technical parameters or the IT system of the server or other IT infrastructure used by the Parties,

2) the occurrence of accessibility, throughput or performance problems caused by:

a) actions of third parties, including hacking activities,

b) presence or operation of malicious software,

c) improper data entry by the Ordering Party, its staff or a third party,

d) conflicts with other software of the Ordering Party or a third party’s that has not been presented to the Service Provider as the software referred to in section IV.1, points 1 and 2,

e) software updates that occurred after acceptance of the Services in accordance with section III, as well as third-party software updates,

f) modifications of the Ordering Party’s software in accordance with the Ordering Party’s recommendations, in particular involving integration of this software with third-party software.

3) changes in the licensing rights, mode of operation or quality of the result of third-party’s software, in connection with the provision of Services involving the integration of the result of the Services provided by the Service Provider under the Order with third-party’s software.

7. In the event that a third party makes a claim directly against the Service Provider for damages suffered by the third party due to an illegal act or omission of the Ordering Party (including breaching a contract), the Ordering Party agrees to indemnify the Service Provider for such claims, and, in the event that the third party brings legal proceedings against the Service Provider, to join the legal proceedings on the side of the Service Provider and, if permitted by law, to support the Service Provider in the course of such proceedings and to reimburse the Service Provider for all reasonable costs incurred by the Service Provider in the course of such proceedings.

IX. Personal data

1. If the performance of the Order is about to involve operations on personal data, the Parties undertake to act in this respect in accordance with the applicable provisions on the protection of personal data, i.e. in particular:

1) the provisions of the UK GDPR and the Data Protection Act 2018 and, to the extent applicable, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, the “EU GDPR”) (together, the “GDPR”).

2. The Parties declare that they remain the data controller within the meaning of Art. 4 item 7 of the GDPR in the scope of personal data of persons representing the other Party and Representatives of the Parties, provided as part of the conclusion and implementation of the Order.

3. The Parties undertake to fulfil the information obligation towards persons representing the other Party and contact persons or persons responsible for the implementation of the Order on behalf of the other Party. Content of the privacy notice regarding the processing of personal data by the Service Provider is available in Privacy Notice.

4. Each Party undertakes to make the content of the relevant privacy notice, referred to in sec. 3, available to the persons mentioned in sec. 2, whose personal data will be made available to the other Party.

5. Mutual sharing by each of the Parties to the other Party of personal data referred to in sec. 2-4, occurs only to conclude, implement and monitor the performance of the Order and not to entrust them to the other Party for processing. Each Party acknowledges that if it processes personal data provided by the other Party for a different purpose, or collects other personal data from persons referred to in sec. 2 or processes them, it will be the controller of such data in this respect and will be obliged to fulfil all obligations of the personal data controller resulting from the provisions on the protection of personal data. Neither of the Parties shall be liable for actions and omissions of the other Party inconsistent with the provisions of the aforesaid duties.

6. If, in connection with the performance of the Order, it is necessary to entrust the processing of personal data between the Parties, the Parties undertake to conclude an appropriate Data Processing Agreement in accordance with Art. 28 of the GDPR.

X. Final provisions

1. The Parties hereby submit this GTC, as well as any and all Orders to the laws of England and Wales.

2. Any disputes arising out of the Orders shall be settled amicably, and only if it is impossible to resolve it amicably, shall be settled by the courts of England and Wales.

3. In case of any contradiction between the provisions of the GTC and the provisions of the Order, the Order shall prevail.

4. Any changes or additions to the Order or GTC require a written amendment concluded in the same form in which the Order was concluded, otherwise being null and void.

5. The invalidity, unlawfulness or unenforceability of any of the provisions of the Order or GTC in any respect in the light of the provisions of the law shall not affect the validity, compliance with the law and enforceability of the remaining provisions thereof.

6. Neither Party may transfer the rights or transfer obligations under the Order or GTC to a third party without the prior consent of the other Party, which should be expressed – under pain of nullity – in the same form in which the Order was concluded.

7. Statements concerning the day-to-day performance of an Order may be made in writing to the email addresses of the Representatives. Termination, withdrawal, notices of material breach and other legal notices addressed to the Service Provider shall be sent to legal@they.dev, and notices addressed to the Ordering Party to the address indicated in the Order. Such statements require at least a written form that allows the sender to be identified, unless the law or the Order requires a special form.

Version: 2.0 | Date of publication: 05/10/2026