Fiverr Enterprise Customer Terms of Service

Last Modified: January 2024

WHEREAS Fiverr International Ltd. (“Fiverr” or “Company”) is the developer and provider of a management platform known as “Fiverr Enterprise”, through which Fiverr provides its customers (“Customer/s”) certain services relating to the recruitment, engagement with and management of freelancers and service providers (on demand talent). The Fiverr Enterprise platform, including any software code, algorithms, utility, application software interfaces, tools, reports, analytics capabilities and Documentation shall be referred to herein as the “Platform”. Any and all services provided by Fiverr to the Customer via the Platform or in connection therewith shall be referred to herein as the “Services”; and

WHEREAS The Customer wishes to access and use the Platform and consume the Services; and

WHEREAS The Company agrees to grant the Customer the right and license to access and use the Platform, and to provide the Services to the Customer, all subject to the terms of this Agreement;

NOW, THEREFORE, the Parties desire to set forth herein their agreements with respect thereto and agree as follows:

1. Platform License Grant. The Company hereby grants to Customer, and Customer hereby accepts, a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable license to access and use the Platform (and its Services) during the Term (as defined below), solely for Customer’s internal business purposes, all in accordance with and subject to the terms set forth in this Agreement. Access to the Platform will be granted online by remote means on a Software-as-a-Service basis. It is hereby clarified that the Customer shall have no right, of any nature, with respect to the source code or executable code of the Platform.

The terms and conditions of this Agreement apply to any update, upgrade, new version and/or additional features that may be released by the Company during the Term (subject to payment of additional fees, as applicable). If the foregoing includes a separate agreement, its terms and conditions will apply only when signed by an authorized officer of Customer.

Company may make available certain Documentation (which shall be considered part of the Company’s Confidential Information (as defined below)) to Customer to be used by Customer for its internal business purposes and solely in connection with Customer’s use of the Platform during the Term. “Documentation” means Company’s standard user documentation, whether in hard copy, or in any electronic form or other media, describing the use, features and operation of the Platform. Unless context otherwise requires, the term “Platform” shall include the Documentation.

2. Maintenance and Support. The Company will provide Customer support and maintenance services with respect to the Platform, in accordance with the standard service levels provided to its general customers.

3. Payment. The consideration payable for the Platform subscription, support and maintenance services, and any other services offered by Fiverr, shall be set forth in the Company’s order form executed between the Parties (“Order Form”) and in accordance with the cap amount to be determined by the Customer within the Customer’s Account (as defined below). Unless otherwise specified in the Order Form, (i) Customer will pay all amounts due under this Agreement in U.S.

Dollars currency; (ii) all amounts invoiced hereunder are due upon receipt of the invoice and/or payment demand. Customer agrees to receive invoices and/or payment demands and/or payment receipts from Fiverr in electronic form as PDF documents, by email or through the Platform. All fees and other amounts paid by the Customer to the Company under this Agreement are non- refundable except as stated herein. Any amount not paid within 30 days after their due date shall accrue interest on a daily basis until paid in full at the lesser of: (i) the rate of one and a half percent (1.5%) per month; or (ii) the highest amount permitted by applicable law. All amounts payable under this Agreement are exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. All taxes, withholdings and duties of any kind payable with respect to Customer’s use of the Platform and Services under this Agreement, other than taxes based on Company’s payroll and net income, shall be borne and paid by Customer.

4. Account. An account will be created in connection with Customer’s use of the Platform and Services (the “Account”), to be accessed and/or used solely by Customer’s employees or service providers who are explicitly authorized by Customer to use the Platform (each, a “Permitted User”). Customer hereby acknowledges and agrees: (i) to keep, and ensure that the Permitted Users will keep the Account login details and passwords secured at all times, and otherwise comply with the terms of this Agreement; (ii) to remain solely responsible and liable for the activity that occurs in the Account and for any breach of this Agreement by a Permitted User; and (iii) to promptly notify Company in writing if Customer becomes aware of any unauthorized access or use of the Account or the Platform.
5. Prohibited Uses. Customers and/or its Permitted Users may only access the Platform via the Account. Except as expressly permitted herein, without the prior written consent of Company, Customer must not, and shall not allow any Permitted User or any other third party to, directly or indirectly: (i) modify, incorporate into or with other software, or create a derivative work of any part of the Platform; (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share Customer’s rights under this Agreement with or to anyone else; (iii) copy, distribute or reproduce the Platform for the benefit of third parties; (iv) disclose the results of any testing or benchmarking of the Platform to any third party, or use such results for Customer’s own competing software development activities or use the Platform in order to build or support, and/or assist a third party in building or supporting, products or services which are competitive to Company’s business; (v) modify, disassemble, decompile, reverse engineer, revise or enhance the Platform or attempt to discover the Platform’s source code or the underlying ideas or algorithms of the Platform; (vi) use the Platform in a manner that violates or infringes any rights of any third party, including but not limited to, right of privacy, proprietary rights or intellectual property rights of any third parties including without limitation copyright, trademarks, designs, patents and trade secrets; (vii) remove or otherwise modify any of the Company’s trademarks, logos, copyrights, notices or other proprietary notices or indicia, if any, fixed, incorporated, included or attached to the Platform nor copy the Documentation or any written materials accompanying the Platform; (ix) use the Platform for any purpose other than for the purpose for which the Platform is designated for or other than in compliance with the terms of this Agreement; (x) circumvent, disable or otherwise interfere with security-related features of the Platform or features that enforce limitations on use of the Platform; (xi) use any automated means to access the Platform or violate log-in and/or password protections governing access to the Platform, use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Platform, or engage in any manual process to do the same; (xii) use the Platform without receiving all applicable consents for the collection and processing of personally identifiable information as required under any applicable law; (xiii) integrate the Platform into Customer’s hardware other than as instructed by the Company; (xviii) ship, transfer, or export the Platform into any country, or make available or use the Platform in any manner, prohibited by applicable laws (including without limitation export control laws, as applicable); (xiv) violate or abuse log-in and/or password protections governing access to the

Platform; (xv) allow any third party other than the Permitted Users to use the Platform; (xvi) access, store, distribute, or transmit during the course of its use of the Platform any malicious code (i.e. software viruses, Trojan horses, worms, malware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a computer system or any component of such computer system), or unlawful, threatening, obscene or infringing material; and/or (xvii) use the Platform in any other unlawful manner.

6. Limits on the Usage. Certain usage limits may be specified in the applicable Order Form. In the event it comes to the Company’s attention that the Customer’s use of the Platform exceeds the usage limits, Company shall notify the Customer and shall provide a new fee quote for the excess usage. Unpaid fees shall accrue interest in the rate specified in Section 3.
7. Customer Data; Analytics Information. The operation of the Platform and the provision of the Services require the Company to monitor, analyze and process certain Customer data, including without limitation: (i) data related to the engagement of existing or potential service providers, (ii) data from the Company’s CRM, networks or other systems, and (iii) professional or personal information of service providers of the Company or other data subjects; all of which may include Confidential Information of the Customer (collectively, the “Customer Data”).

The Customer may upload to the Platform, transmit, or make accessible to Company the Customer Data (which shall be considered part of the Customer’s Confidential Information (as defined below)). The Customer agrees that the Company will collect, monitor, store, analyze, process and use the Customer Data, on the Customer’s behalf, solely in order to provide the Services. Customer has full administrative control over the Customer Data, including by means of viewing or correcting it. As between Company and Customer, the Intellectual Property Rights (as such term is defined below) and all other right, title and interest of any nature in and to the Customer Data, which may be stored on the Company’s database (or third party databases on behalf of the Company), are and shall remain the exclusive property of Customer and its licensors. The Company shall be granted a revocable, non-exclusive, non-assignable, non-sub-licensable, royalty-free license to use the Customer Data, in accordance with any applicable privacy laws, solely in order to provide the Services. Except as set forth herein, nothing in this Agreement shall be construed as transferring any right, title or interests in the Customer Data to the Company or any third party.

Company may collect, disclose, publish and use in any other manner anonymous information which is derived from the use of the Platform and Services (i.e., non-identifiable information, aggregated and analytics information that may not be used in any way to identify Customer or its Permitted Users) (collectively, “Analytics Information“)), in order to provide and improve the Company’s Platform and Services, for R&D purposes and for any other legitimate business purpose. The Company is and shall remain the sole owner of the Analytics Information.

8. Obligations and Warranties. Customer represents that: (i) it shall engage with any potential candidate or service provider in accordance with any applicable law pertaining to such engagement (including without limitation with respect to labor, safety, insurance, social benefits, tax and pension). FOR THE AVOIDANCE OF DOUBT, ANY ENGAGEMENTS OR PAYMENTS MADE BY THE COMPANY WITH ANY SERVICE PROVIDER, ARE MADE SOLELY ON BEHALF OF THE CUSTOMER. SUCH ENGAGEMENTS AND PAYMENTS ARE NOT, AND WILL NOT BE CONSTRUED AS CREATING ANY EMPLOYER- EMPLOYEE OR ANY OTHER RELATIONSHIP BETWEEN THE COMPANY AND THE SERVICE PROVIDERS AND COMPANY SHALL NOT IN ANY WAY BE A PARTY TO THE ENGAGEMENT BETWEEN CUSTOMER AND SERVICE PROVIDER. Without limiting the aforesaid, Company does not, in any way, supervise, direct, control, or evaluate service providers or their work and is not responsible for any services and any deliverables that shall be provided to the Customer by the Service Provider; (ii) it is fully responsible and liable towards any person or entity who may be engaged by the Customer; (iii) it will use the Platform

and Services in compliance with any applicable laws, including without limitation privacy protection laws; (iv) it obtained all approvals, consents, authorizations, permits or licenses required for the use, monitoring, processing, analyzing, storing and transferring of the Customer Data by the Company (or on its behalf) for the purpose of providing the Services; and (v) it obtained all applicable governmental permits or certifications which may be required for the use of the Customer Data by the Company.

Without derogating from the foregoing, the Customer is and shall remain, at all times, solely responsible and liable for (a) any claims initiated against the Company in connection with the Company’s use of the Customer Data in accordance with and for the purpose of this Agreement; (b) handling requests of service providers or other data subjects to delete or modify their personal information; (c) the backup of the Customer Data and/or any other data on Customers networks or systems.

Each Party represents and warrants (a) that it is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or organization; and (b) that the execution and performance of this Agreement will not conflict with any obligations it has towards third parties, or violate any provision of any applicable law.

9. Ownership. The Platform is not for sale and is and shall remain Company’s sole property. All right, title, and interest, including any Intellectual Property Rights evidenced by or embodied in, attached, connected, and/or related to the Platform and/or the Services and any and all derivative works, improvements, enhancements, updated and upgrades thereof or thereto are and shall remain owned solely by the Company or its licensors. This Agreement does not convey to Customer any interest in or to the Platform but only, as aforesaid, a limited revocable right to use the Platform, in accordance with the terms of this Agreement, and nothing herein constitutes a waiver of the Company’s Intellectual Property Rights under any law. “Intellectual Property Rights” means: (i) patents and patent applications throughout the world, including all reissues, divisions, continuations, continuations-in-part, extensions, renewals, and re-examinations of any of the foregoing, all whether or not registered or capable of being registered; (ii) common law and statutory trade secrets and all other confidential or proprietary or useful information that has independent value, and all know-how, in each case whether or not reduced to a writing or other tangible form; (iii) all copyrights, whether arising under statutory or common law, whether registered or not; (iv) all trademarks, trade names, corporate names, company names, trade styles, service marks, certification marks, collective marks, logos, and other source of business identifiers, whether registered or not; (v) moral rights in those jurisdictions where such rights are recognized; (vi) any rights in source code, object code, mask works, databases, algorithms, formulae and processes; and (vii) all other intellectual property and proprietary rights, and all rights corresponding to the foregoing throughout the world.

If Customer contacts Company with feedback data (e.g., questions, comments, suggestions or the like) regarding the Services and/or Platform (collectively, “Feedback”), such Feedback shall be deemed Confidential Information of the Company, and all rights, including intellectual property rights in such Feedback shall belong exclusively to Company and the Company shall be free to use or incorporate such Feedback into the Platform and/or other current or future products or services of the Company (without the Customer’s approval and without further compensation to the Customer).

10. Third Party Components. The Platform is based on software developed and owned by the Company and/or its licensors, and may use or include third party software, files and components that are subject to open source and third party license terms. A list of third party components that their licenses require certain notification is available in the Platform or its Documentation which may be updated from time to time (“Third Party Components”). Such Third Party Components are provided on an “AS IS” basis without any warranty of any kind and shall be subject to any and all limitations and conditions required by such third parties. Under no circumstances shall

the Platform or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

11. Confidentiality. Each Party may have access to certain non-public and/or proprietary information of the other Party, in any form or media, including (without limitation) confidential trade secrets and other information related to the products, software, technology, data, know- how, or business of the other Party, whether written or oral, and any other information that a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive (the “Confidential Information”).

Each Party shall take reasonable measures, at least as protective as those taken to protect its own confidential information, but in no event less than reasonable care, to protect the other Party’s Confidential Information from disclosure to a third party. Neither Party shall use or disclose the Confidential Information of the other Party except as expressly permitted under this Agreement or by applicable law. For the avoidance of doubt, a recipient Party may disclose the other Party’s Confidential Information to its officers, employees, services providers or advisors solely on a “need to know” basis, and provided that they are bound by similar nondisclosure obligations as those of this Agreement. All right, title and interest in and to Confidential Information are and shall remain the sole and exclusive property of its disclosing Party. Confidential Information does not include any information that the receiving party can document (a) is or becomes generally available to the public through no fault of the receiving party, (b) was rightfully in its possession or known by it prior to receipt from the disclosing party, (c) is rightfully disclosed to the receiving party without restriction by a third party that is not in violation of any obligation of confidentiality or (d) was independently developed without use of any Confidential Information of the disclosing party (except for patentable subject matter, which shall not be subject to this exception). The receiving party may disclose Confidential Information to the minimal extent required to be disclosed by law; provided that the receiving party will give the disclosing party prompt notice to allow the disclosing party a reasonable opportunity to obtain a protective order and such Confidential Information disclosed to the extent required by law shall otherwise remain confidential and subject to the protections and obligations of this Agreement.

12. Reference Customer. Customer agrees that Company may identify Customer as a user of the Platform and/or the Services and use Customer’s trademark and/or logo (i) in sales presentations, promotional/marketing materials, and press releases, and (ii) in order to develop a brief customer profile for use by Company on Company’s website or social media accounts for promotional purposes.

13. Changes to Services. The Company may change the Platform’s layout, form and design and the availability of the certain content, functions or features included therein from time to time, without giving the Customer any prior notice; provided, however, that Company will notify the Customer of any material changes to the functionality of the Platform and any changes will in no event reduce the functionality for which Customer has paid.

14. LIMITED WARRANTIES. The Company represents and warrants that, under normal authorized use, the Platform shall substantially perform in conformance with its Documentation. As the Customer’s sole and exclusive remedy and the Company’s sole liability for breach of this warranty, the Company shall use commercially reasonable efforts to repair the Platform in accordance with the Company’s standard service levels provided to its general customers. The foregoing warranties shall not apply if the failure of the Platform results from or is otherwise attributable to: (i) repair, maintenance or modification of the Platform by an unauthorized person; (ii) accident, negligence, abuse or misuse of the Platform by Customer or its employees, agents, officers, directors or any third party on Customer’s behalf (“Representatives”); (iii) Customer’s and its Representatives use of the Platform other than in accordance with the Documentation and/or the Company’s instructions; (iv) the combination of the Platform with equipment or software not authorized or provided by the Company or otherwise approved by the Company in

the Documentation; (v) any downtime, defect or error caused by or attributable to any third party software, technology or system that is beyond the control of the Company, and/or (vi) during any evaluation period or beta period specified in the applicable Order Form.

OTHER THAN AS EXPLICITLY STATED UNDER THIS AGREEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THIS AGREEMENT, THE COMPANY DOES NOT WARRANT THAT THE PLATFORM AND/OR THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE PLATFORM’S OPERATION AND THE SERVICES WILL BE SECURED AT ALL TIMES, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER SOFTWARE LIMITATIONS. THE USE OF THE PLATFORM AND SERVICES HEREUNDER IS AT CUSTOMER’S SOLE RISK AND TO THE EXTENT ALLOWED BY LAW THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INTERFERENCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING (I) THE PROFESSIONAL LEVEL OF ANY CANDIDATES OR SERVICE PROVIDERS WHO MAY ENGAGE WITH THE CUSTOMER AS A RESULT OF THE USE OF THE PLATFORM AND/OR SERVICES, (II) THE ACCURACY OF ANY INFORMATION DISPLAYED ON THE PLATFORM AND/OR SERVICES WITH RESPECT TO SAID CANDIDATES OR SERVICE PROVIDERS; AND/OR (III) THE SUITABILITY OF ANY CANDIDATE OR SERVICE PROVIDER FOR ANY VACANT POSITION OR SERVICES AT THE COMPANY.

COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF THE CUSTOMER DATA, TO THE EXTENT THAT SUCH ACCESS OR ALTERATION IS NOT DUE TO COMPANY’S WILLFUL MISCONDUCT. THE COMPANY SHALL NOT BE RESPONSIBLE FOR (I) THE ACCURACY OF CUSTOMER DATA UPLOADED BY CUSTOMER (OR ANY ONE ON ITS BEHALF) TO THE PLATFORM; (II) ANY DAMAGES SUFFERED BY THE CUSTOMER AND/OR ANY OTHER PERSON, ARISING FROM, RELATED TO AND/OR CONNECTED TO, THE USE OF SUCH UPLOADED CUSTOMER DATA.

15. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS LICENSORS, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND RESELLERS SHALL NOT BE LIABLE WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OF ANY KIND, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM, RELATED TO, AND/OR CONNECTED TO, ANY USE OF OR INABILITY TO USE THE PLATFORM AND/OR THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY’S, ITS LICENSORS’, SUPPLIERS’, AFFILIA TES’ DISTRIBUTORS’ AND/OR RESELLERS’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE

TOTAL SERVICE FEES ACTUALLY PAID TO COMPANY UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

16. Company’s Indemnification. Company acknowledges and agrees to defend, at its expense, any third party action or suit brought against the Customer alleging that the Platform, when used in accordance with the Documentation, infringes intellectual property rights held by any third party (“IP Infringement Claim“), and the Company will pay any damages awarded in final judgment against the Customer that are attributable to any such claim, suit or proceeding; provided that (i) the Customer notifies the Company promptly in writing of such claim; and (ii) the Customer grants the Company authority to handle the defense or settlement of any such claim, suit or proceeding and provides the Company with all reasonable information and assistance, at Company’s expense. The Company will not be bound by any settlement that the Customer enters into without the Company’s prior written consent.

If the Platform becomes, or in the Company’s opinion is likely to become, the subject of an IP Infringement Claim, then the Company may, at its sole option and expense (a) procure for the Customer the right to continue using the Platform; (b) replace or modify the Platform to avoid the IP Infringement Claim; or (c) if options (a) and (b) cannot accomplished despite the Company’s reasonable efforts, then the Company may discontinue providing the Platform (and related Services) and provide the Customer a prorated refund based on the remainder of the applicable Platform license term.

Notwithstanding the foregoing, the Company shall have no responsibility for any IP Infringement Claim resulting from or based on: (i) modifications to the Platform made by any party other than the Company or its designee; (ii) the Customer’s failure to use, updated or modified versions or patches provided by the Company specifically to avoid such infringement; or (iii) the combination or use of the Platform with equipment, devices or software not supplied or authorized by the Company, or not in accordance with the Company’s instructions.

THE FOREGOING TERMS STATE THE COMPANY’S SOLE AND EXCLUSIVE LIABILITY AND THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION.

17. Customer’s Indemnification. The Customer agrees to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents and resellers, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) the Customer’s unauthorized use of the Platform and/or Services; (ii) a third party claim, suit or proceeding alleging that the use of the Customer Data within the scope of this Agreement infringes, or may infringe, any privacy right of a third party (including without limitation, the service providers of the Company and/or job candidates); (iii) a third party claim, suit or proceeding alleging that the Company is the employer of or supplier of work to, any service provider or contractor engaged by the Customer as a result of or in connection with the Platform and/or the Services; and/or (iv) a third party claim, suit or proceedings related to Customer’s breach of its agreement with any service provider or contractor engaged by the Customer as a result of or in connection with the Platform, provided that (a) the Company notifies the Customer promptly in writing of such claim; and (b) the Customer grants the Company sole authority and control to handle the defense or settlement of any such claim, suit or proceeding and provides the Customer with all reasonable information and assistance, at Customer’s expense. Customer may not settle any third party that requires Company to pay any monies, take any action, or admit fault or wrongdoing without Company’s written consent signed by an authorized officer of Company.

18. Term and Termination. This Agreement shall enter into force and effect on the Effective Date mentioned in the applicable Order Form and shall remain in full force and effect for one (1) year (the “Initial Term”). Thereafter, this Agreement shall be renewed automatically for successive one (1) year terms (each, a “Renewal Term“), unless either Party provides to the other Party seven (7) days prior written notice of its intent not to renew this Agreement. The Initial Term, together with any applicable Renewal Terms, shall be referred to herein as the “Term”.

Either Party may terminate this Agreement with immediate effect if the other Party materially breaches this Agreement and such breach remains uncured (to the extent that the breach can be cured) seven (7) days after having received written notice thereof.

In the event that either Party becomes liquidated, dissolved, bankrupt or insolvent, whether voluntarily or involuntarily, or shall take any action to be so declared, the other Party shall have the right to immediately terminate this Agreement.

Upon termination or expiration of this Agreement: (i) Company will cease from providing the Services hereunder, the licenses granted to Customer under this Agreement shall expire, and Customer shall discontinue all further use of the Platform; (ii) Customer shall permanently delete all copies of the Documentation in Customer’s or any of its representatives’ possession or control; (iii) the receiving Party shall return and/or permanently delete (as instructed by the disclosing Party) the Confidential Information, other than data that the recipient is required to retain by law, regulation or governmental order; and (iv) any sums paid by the Customer until the date of termination are non-refundable, and Customer shall not be relieved of its duty to discharge in full all due sums owed by the Customer to Company under this Agreement until the date of termination or expiration hereof.

Sections 7, 9, 11, 12, 15 – 20 shall survive termination of this Agreement, as shall any right, obligation or provision that is expressly stated to so survive, or that by its nature ought to survive. Termination shall not affect any rights and obligations accrued as of the effective date of termination.

Termination of this Agreement shall not limit the Company from pursuing any other remedies available to it under applicable law.

19. Miscellaneous. This Agreement represents the complete agreement concerning the subject matter hereof and may be amended only by a written agreement executed by both Parties. The failure of either Party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may assign the Agreement without the consent of the other in connection with any merger (by operation of law or otherwise), consolidation, reorganization, change in control or sale of all or substantially all of its assets related to this Agreement or similar transaction. This Agreement shall be governed by and construed under the laws of the State of Israel, without reference to principles and laws relating to the conflict of laws. The competent courts of Tel-Aviv, Israel shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Parties. Company will not be liable for any delay or failure to provide the Services resulting from circumstances or causes beyond the reasonable control of the Company (i.e., force majeure events). This Agreement may be executed in electronic counterparts, each of which counterpart, when so executed and delivered, shall be

deemed to be an original and all of which counterparts, taken together, shall constitute but one and the same instrument.