AI Package includes the following:

• A translation feature that allows caregivers to access and fill forms in select languages and translate the responses back into English for the agency worker
  • Caregivers can select certain languages when signing up to Binti to complete their foster care license application
  • Binti’s Caregiver Portal will be translated instantly into that language (where available) including all helper text, prompts, links, and buttons.
  • The Caregiver will be asked the questions on the agency’s forms in their selected language and will be able to answer in the same language
  • The Caregiver will be able to sign a copy of the form in their native language
  • The form responses will be translated back into English and presented to the assigned agency worker on Binti’s documents page to assist in the evaluation of the family
  • A transcription feature allowing workers to do upload data in many formats that will be used to create case notes and fill forms
    • Client Staff can access Binti’s transcription feature via their mobile or desktop device with an internet connection
  • Client Staff can securely authenticate with the system before choosing a caregiver’s case and adding a transcription.
  • Client Staff can talk to the system to directly provide an audio file, the content of the audio file can be used to transcribe a case note or fill forms.
  • Client Staff can upload an audio file created earlier, the content of the file can be used to either to transcribe a case note or fill forms.
  • Client Staff can upload a document or image file, the content of the file can be used to either to transcribe a case note or fill forms.
  • Client Staff can select a specific form to transcribe answers to the questions on the form.
  • Case notes created by the AI will be available for review in the caregiver’s case notes section on Binti where it can be edited, discarded or saved
  • Forms populated by the AI will be available for review from the Binti homepage where it can be edited, discarded or saved.
  • The file provided can be downloaded by the worker at any time.
• Binti BI feature is a chat-style feature allowing workers to ask questions about a caregiver or licensing file.
  • Client Staff can access Binti’s “Ask Binti AI” feature via their mobile or desktop device with an internet connection
  • Client Staff can securely authenticate with the system before choosing a caregiver’s case and starting a conversation.
  • Client Staff can interact directly with a chatbot in a conversation that is specific to the worker + caregiver combination, e.g. if Worker Sally is talking to the chatbot about Caregiver Smith, the information is unique to Caregiver Smith and only Sally’s questions and the responses are shown
  • The chatbot can answer any questions related to the caregiver or file. It will not engage in conversation or answer questions about any other topics and will redirect the worker if asked. It can answer specific factual questions e.g. “what is their date of birth?”. It can parse through data to find examples e.g. “tell me about all the times the caregiver was contacted about trainings”. It can summarize information e.g. “give me a summary of the last 3 months of data entered by Caregiver Smith”
  • The chatbot can use data from the caregiver’s case notes, form responses entered directly in Binti or the Applicant Data.
  • The chatbot will not make any recommendations, or change any data directly in Binti
  • The chat history is cleared after 2 days.

Family Finding Terms and Conditions

These Family Finding Terms and Conditions (“Family Finding Terms”) apply to Client’s use of the Family Finding Module. Where there is a conflict between them and the MSSA and the Family Finding Terms, these Family Finding Terms shall control.

• • 1. Fees, Searches. The fees for Client’s use of the Family Finding Module are as set forth in the Order Form (“Search Fees”). Where Client purchased under an applicable Order Form the ability to leverage the Integrated Search functionality of the Family Finding Module, such functionality shall be made available to Client on either a seat basis or a transaction basis, as agreed to by the parties in such Order Form.
       1. Seat Model. Where the parties agree to provision of the search functionality on a seat-by-seat basis (“Seat Model”), the fees shall be as set forth in the Order Form. Client’s will be able to run “Searches” (as defined herein) using its seat based access to the Integrated Search functionality.
       2. Transaction Model. Where Client purchases Searches on a transaction-by-transaction basis (“Transaction Model”), the fees will be calculated using the number of Searches to be used by Client and the type of Searches to be used by Client. The total fees Client is permitted to incur with respect to the Searches estimated in the Order Form shall be referred to as the “Search Fee Cap.”
       3. Search. A “Search” is a query (executed via an API call between Binti and Clear, which is initiated by Client’s end users) conducted by a Client via the Integrated Solution which yields information about a person using Clear’s API in the form of a record. Each individual record that is accessed qualifies as a Search. There are five different types of Searches available for use via the Integrated Search functionality: Person Search, Person Report, Person Report with Associates, Person Report with Web Analytics Add On, and Person Report with Real Time Incarceration Records Add On. When a user conducts a comprehensive search in Binti, it automatically conducts the latter four of the Search types referenced in the previous sentence, so transaction costs associated with all will be incurred and the Search will qualify as four transactions.
       4. Search Limits. The Search Fee Cap for the Transaction Model will reflect a blended fee that assumes a certain number of each Search type that will be used by Client. Each Search type carries a different individual rate. By way of example: Clear provides pricing that provides for Person Searches that cost $1 and Person Report with Associates that cost $2. Client estimated to Binti that it would use 100 Person Searches and 50 Person Report with Associates Searches. Using this estimate, the Order Form would reflect a Search Fee Cap of $200 for an estimated 150 Searches. If Client uses 150 Person Searches and 25 Person Search with Associates (175 searches at a total cost of $200), the Search number would not control; the Search Fee Cap would control, so the 150 estimate would not be the limiting factor. Client may switch from the Seat Model to the Transaction Model, or vice versa, within the Term of their Agreement, provided that the Fees associated with the then current Order Form do not decrease.
       5. Current Clear Customers. If Client is a current Clear customer at the time of execution of the Order Form and purchased the Family Finding Module with access to the Integrated Search functionality, Client’s ability to conduct Searches (and the cost associated therewith) will be as set forth in your existing agreement with Clear for the remainder of your then-current term.
       6. Fee Increases. Following the Initial Term, Clear in its sole discretion may increase the Search Fees annually at each twelve (12) month anniversary of the Effective Date during the Term in an amount not to exceed 8% more than the fees payable during the immediately preceding twelve (12) months period to adjust for inflation.
          1. Following the Initial Term, Binti in its sole discretion may increase the fees annually at each twelve (12) month anniversary of the Effective Date during the Term in an amount not to exceed 5% more than the fees payable during the immediately preceding twelve (12) months period to adjust for inflation; provided, however, that Binti may increase the fees by an amount deemed necessary by Binti in its sole discretion during any Renewal Term or in connection with enhancements and/or improvements made to the Platform or Professional Services.
    2. Seat Model Terms. Where Client leverages the Seat Model, Client agrees that it will not exceed the number of seats provided for in the Order Form. Client further agrees that it will not permit its end users to share passwords to share seats. Where a seat needs to be transitioned to another user for any reason, Client shall notify Clear of its desire to switch the seat and comply with Clear’s instructions with respect thereto. Client’s use of the Seat Model shall comply with Clear’s terms of service and applicable law.
    3. Overage. Binti will regularly report to Client how many Searches Client has incurred. When Client reaches the Search Fee Cap associated with their purchase of Searches (“Search Cap”), they will be required to purchase additional Searches (“Overage Searches”) in order to continue using the Integrated Search functionality. If no additional Searches are purchased, Client will not be entitled to use the Integrated Search functionality.
       1. Overage Fees. Where Client notifies Binti in writing (with email being sufficient) that it wants to purchase Overage Searches at least thirty (30) days from the date on which it is estimated to reach its Search Cap, such Overage Searches will receive the same pricing discount, if any, as applicable to Searches purchased in the then current Order Form, plus any then current year over year cost increases implemented by Clear. By way of example: if Client purchased 2000 Searches in November for use over a two-year term, is receiving a 90% discount on Searches, and is estimated to reach the Search Cap on October 1 of Year 1, it must notify Binti no later than September 1 of its desire to purchase additional Searches. Such Searches will be quoted to Client at the same 90% discount (regardless of the number of Searches being purchased), plus the year over year percentage increase being charged by West at that time that would apply on the November 1 date (for reference, the current fee increase is 5% for multi-year terms and 8% for one year terms).
       2. If Client notifies Binti of the intent to purchase Overage Searches less than thirty (30) days before the date it is estimated to reach its Search Cap, then Clear’s then-current non-discounted Search pricing from Clear will apply. Client agrees to pay to Binti any fees associated with Overage Charges in full.
    4. Transaction Model Terms. Client understands and agrees that the number of Searches provided for in the Order Form is an estimate that corresponds to the Searches that will be permitted under the Search Fee Cap. The Search Fee Cap is calculated using the number of each type of Search that Client estimated to Binti that it would use. If Client uses more or less of any type of Search and that usage would exceed the Search Fee Cap, the Search Fee Cap will operate to limit the ability to conduct Searches, even if the number of estimated Searches provided for in the Order Form has not yet been reached. Client’s use of the Transaction Model shall comply with Clear’s terms of services and applicable law.
    5. Third Party Technology and Consents. Client understands and agrees that the Family Finding Module incorporates third party technology, including that of Clear, West and/or Thomson Reuters. Binti expressly disclaims all warranties associated with such third party technology and services, including without limitation, any service level agreements, any performance in accordance with specifications, quality of any such data resulting, and/or any availability requirements. Client agrees that any claims with respect to the availability or performance of the Search functionality and/or the quality, accuracy and/or reliability of the data received by Clients therefrom (e.g., records provided pursuant to Search queries) shall be asserted directly against Clear and not Binti. Client further agrees that Binti may receive from West Client’s Search transaction related information (i.e. number of Searches conducted and types of Searches conducted) for the purposes of allowing Binti to report to Client its usage rates.
    6. Credentialing. Client understands and agrees that its ability to use the Integrated Search functionality and leverage Clear’s services will be contingent on Client (a) agreeing to Clear’s then-current terms of service and (b) being approved to use such services following Clear’s credentialing process. Client acknowledges that Binti is not involved in either process and that Client’s failure to adhere to such terms and/or failure to pass the credentialing process, and Binti’s resulting inability to allow Client to use the Integrated Search functionality, shall not be a breach or default by Binti under the Agreement and that no refund and/or terminations rights will be associated therewith. Client agrees that any claims with respect to the agreement between Clear and Client and/or the credentialing process will be asserted directly against Clear.
    7. Indemnity. To the extent allowable under applicable law, Client agrees to defend, indemnify and hold harmless Binti from any losses, claims, damages, liabilities or costs (including reasonable attorneys’ fees) associated with (a) Client’s breach of Clear’s terms of services and/or applicable law.

AI Package Terms and Conditions

These AI Package Terms and Conditions (“AI Terms”) apply to Client’s use of the AI Package and are hereby added to the
parties’ Agreement. Where there is a conflict between them and the Agreement and the AI Terms, these AI Terms shall
control.

• • 1. Terms of use. Client hereby acknowledges and agrees to the use of the Binti AI Package in
       accordance with the terms of the Agreement and these AI Terms.
  • 2. Third party technology. Subject to Binti’s confidentiality obligations in the governing
       agreement with Client, Client agrees that Client Data (including information submitted by
       applicants and social workers alike) may be sent to Binti’s third party AI service providers
       (“AI Service Providers”), who will process and protect the data in accordance with the Business
       Associate Agreement in place between Binti and those parties. Client acknowledges that third
       party language models are leveraged by Binti for delivery of the AI Package. Client understands
       that these third parties utilize machine learning algorithms and that the outputs generated by
       the Binti AI Package may not be entirely predictable or controllable by the AI Service Providers
       or any third parties.
  • 3. Warranties. Client understands that the Binti AI Package is “as is” and that Binti
       disclaims any warranties, either expressed or implied, about the functionality of the AI
       Package, including without limitation, accuracy of translations, inaccuracies of AI output,
       and/or any other issues that can or may arise in the use of the Binti AI Package. Binti does not
       have control over the specific outputs of the Binti AI Package which is powered by third party
       technology.. Client acknowledges and agrees that generative artificial intelligence uses
       experimental technology and any output generated therefrom that is provided back to Client (the
       “Output”) may not meet Client’s desired use including, without limitation, that it may be
       inaccurate, offensive, or duplicative. Client must use discretion when relying on, publishing,
       distributing, or otherwise using any Output resulting from the use of the AI Package. Client is
       responsible for evaluating and ensuring the accuracy of any Output, including by using human
       review. As between the parties, to the extent permitted by applicable law, Client will own the
       Output. Client expressly agrees that Binti will have no liability for any harm or damage arising
       out Client’s use of the AI package during the Beta Access period. Following such period, Binti’s
       liability shall be as set forth in the Agreement. Client further acknowledges and agrees that
       third party AI service providers disclaims all representations and warranties, whether express,
       implied, statutory, or otherwise, and will have no liabilities or obligations with respect to
       the Output, except as expressly set forth in the applicable their own terms. Client also
       understands that the content generated by the AI Package is machine-generated, does not reflect
       the views or beliefs of Binti, and should not be relied upon for making significant decisions
       without independent verification. Client further acknowledges that the AI Package may generate
       inaccurate or unreliable content and therefore should not be relied on to make decisions
       regarding legal matters, including the decision to approve or reject an applicant seeking
       licensure to become a foster or adoptive care family. Client will not, and will direct
       authorized users not to, represent that content generated by the Output was human-generated.
       Client is responsible for evaluating and ensuring the accuracy of any Output as appropriate for
       its use case, including by using human review of the Output. Where appropriate, Client shall
       identify Output as having been generated using artificial intelligence. Subject to the
       confidentiality obligations in place between Client and Binti, Client agrees that Client Data
       (including information submitted by applicants and social workers alike) may be sent to Binti’s
       third party AI service provider(s), who will process and protect the data in accordance with the
       Business Associate Agreement and other agreements and privacy policies in place between Binti
       and such provider (including Google, Anthropic, AssemblyAI).
  • 4. Obligations. Use of the AI Package is at Client’s option and is not required for Client’s
       use of the Platform. Client may cease its use of the AI Package at any time, in its sole
       discretion, during the Beta Access period. To the extent that the Agreement contains any service
       level agreement or similar obligations applicable to Binti’s performance (“SLA Obligations”),
       those SLA Obligations do not apply to the AI Package (either during the Beta Access period or
       otherwise).
  • 5. Specifications. Binti will use commercially reasonable efforts to offer the following as
       part of its AI package:
• A translation feature that allows caregivers to access and fill forms in select languages and translate the responses back into English for the agency worker
  • Caregivers can select certain languages when signing up to Binti to complete their foster care license application
  • Binti’s Caregiver Portal will be translated instantly into that language (where available) including all helper text, prompts, links, and buttons.
  • The Caregiver will be asked the questions on the agency’s forms in their selected language and will be able to answer in the same language
  • The Caregiver will be able to sign a copy of the form in their native language
  • The form responses will be translated back into English and presented to the assigned agency worker on Binti’s documents page to assist in the evaluation of the family

A transcription feature allowing workers to do upload data in many formats that will be used to create case notes and
fill forms

• Client Staff can access Binti’s transcription feature via their mobile or desktop device with an internet
  connection
• Client Staff can securely authenticate with the system before choosing a caregiver’s case and adding a
  transcription.
• Client Staff can talk to the system to directly provide an audio file, the content of the audio file can be used
  to transcribe a case note or fill forms.
• Client Staff can upload an audio file created earlier, the content of the file can be used to either to
  transcribe a case note or fill forms.
• Client Staff can upload a document or image file, the content of the file can be used to either to transcribe a
  case note or fill forms.
• Client Staff can select a specific form to transcribe answers to the questions on the form.
• Case notes created by the AI will be available for review in the caregiver’s case notes section on Binti where
  it can be edited, discarded or saved
• Forms populated by the AI will be available for review from the Binti homepage where it can be edited, discarded
  or saved.
• The file provided can be downloaded by the worker at any time.

Binti BI feature is a chat-style feature allowing workers to ask questions about a caregiver or licensing file.

• Client Staff can access Binti’s “Ask Binti AI” feature via their mobile or desktop device with an internet connection
• Client Staff can securely authenticate with the system before choosing a caregiver’s case and starting a
  conversation.
• Client Staff can interact directly with a chatbot in a conversation that is specific to the worker + caregiver combination, e.g. if Worker Sally is talking to the chatbot about Caregiver Smith, the information is unique to Caregiver Smith and only Sally’s questions and the responses are shown
• The chatbot can answer any questions related to the caregiver or file. It will not engage in conversation or answer questions about any other topics and will redirect the worker if asked. It can answer specific factual questions
  e.g. “what is their date of birth?”. It can parse through data to find examples e.g. “tell me about all the times the caregiver was contacted about trainings”. It can summarize information e.g. “give me a summary of the last 3 months of data entered by Caregiver Smith”
• The chatbot can use data from the caregiver’s case notes, form responses entered directly in Binti or the Applicant Data.
• The chatbot will not make any recommendations, or change any data directly in Binti
• The chat history is cleared after 2 days.

In Product Disclaimers: 

The content generated by Binti’s artificial intelligence powered translation and transcription products (“AI Products”)
is generated using artificial intelligence (“Output”). You are responsible for evaluating and ensuring the accuracy of
any Output, including by using human review. You acknowledge that the AI Products may generate inaccurate Output and
therefore should not be relied on to make decisions regarding legal matters, including the decision to approve or reject
an applicant seeking licensure to become a foster or adoptive care family. You will not represent that the Output was
human-generated.

Subject to the confidentiality obligations in place between Client and Binti, Client agrees that Client Data (including
information submitted by applicants and social workers alike) may be sent to Binti’s third party AI service provider(s),
who will process and protect the data in accordance with the Business Associate Agreement and other agreements and
privacy policies  in place between Binti and such provider (including Google and/or OpenAI).

Binti API Technologies Terms of Use

Revised June 16, 2025

The following Binti API Technologies Terms of Use (“Terms”) govern your use and access of the API
Technologies (as defined below). The API Technologies are provided to you by Binti, Inc., a Delaware corporation
(“[Binti]” or “we” “our” or “us”). As used in these Terms, “you” or “your” means the party who
accesses or uses the API Technologies, and any company, entity, or organization on whose behalf that party is acting
(the “Customer”). The “API Technologies” means: (i) any Binti application programming interface(s)
(“API(s)”), software, software development kits, code, tools, functions, features, products, and
other developer services made available to you by Binti that can be used to customize, automate, integrate with,
import, or export data or functionality into or with the Binti Products; (ii) any information, policies,
documentation, guidelines, keys, additional terms, or specifications relating to or referencing the API
Technologies, which are hereby incorporated into these Terms; (iii) content, data (including anonymous or aggregate
data), and information that Binti makes available to you through the APIs (collectively, “Operation
Data”); and (iv) any credentials assigned to you, your authorized users and your API Client (defined in
Section 3.1) by Binti.

The API Technologies are provided for your use solely in accordance with any applicable documentation and solely in
connection with Binti’s products and services (“Binti Products“) that you access and use pursuant
to a valid Master Subscription and Services Agreement between you and Binti (the “MSSA”). Your use
of the API Technologies is subject to these Terms and the MSSA. Your use of the Binti Products (as defined in the
MSSA) with the API Technologies is subject to and governed by the MSSA. Capitalized terms used but not defined in
these Terms have the meanings given in the MSSA.

1. Account and Registration
   1. Accepting the TermsYou may not use the API Technologies and may not accept the Terms if (a) you are not of legal age to form a binding contract with Binti, (b) you are a person barred from using or receiving the API Technologies under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the API Technologies, or (c) you are not an authorized user of a Binti Product pursuant to a valid MSSA.
   2. Entity Level AcceptanceIf you are using the API Technologies on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity as “Licensee”). You agree that we may share information related to your use of the API Technologies with the Licensee, (b) additional terms may apply to your use of any applicable API, and (c) the Licensee’s administrator may be able to access (including view or modify your profile) or disable your access to the API Technologies without Binti’s involvement.
   3. RegistrationIn order to access certain API Technologies, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API Technologies, or as part of your continued use of the API Technologies. You will ensure that all registration information you give to Binti will always be accurate and up to date and you’ll inform us promptly of any updates.
2. Using Our API Technologies
   1. Compliance with Law, Third Party Rights, and Other Binti TermsYou and all your users to whom you provide access to the APIs will comply with all applicable law, regulation, and third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws) and the Terms. You will not use the API Technologies to encourage or promote illegal activity or violation of third-party rights. You will not violate any other agreements with Binti (or its affiliates), including but not limited to the MSSA.
   2. Permitted AccessYou will only access (or attempt to access) an API by the means described in the documentation of that API. If Binti assigns you developer credentials (e.g. client IDs), you must use them with the applicable API. You will not misrepresent or mask either your identity or your API Client’s identity when using the API, API Technologies or developer accounts.
   3. Permitted UseThe API Technologies are provided for your use solely in accordance with any applicable documentation and solely in connection with and for your own authorized internal use of Binti’s Platform for which the APIs were made available pursuant to a valid MSSA. You may provide access to the APIs to other authorized users of the Binti Products provided to you pursuant to your MSSA.
   4. API Technologies LimitationsBinti sets and enforces limits on your use of the API Technologies (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Binti’s express consent (and Binti may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact support@binti.com.
   5. Open Source SoftwareSome of the software required by or included in our API Technologies may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain API Technologies, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Binti for the applicable open source software.
   6. Disclaimer.You hereby acknowledge and agree that:
      1. any particular API may be modified, suspended or discontinued at any time with or without notice, and may never be made generally available, and
      2. we may require that you discontinue use of any particular API, or any features thereof, in our sole discretion.
   7. Communication with BintiWe may send you certain communications in connection with your use of the API Technologies. Please review the API Technologies documentation and Binti’s Privacy Policy, available at https://binti.com/privacy/ for information about opting out of certain types of communication.
   8. FeedbackIf you provide feedback or suggestions about our API Technologies, then we (and those we allow) may use such information without obligation to you.
   9. Non-ExclusivityThe Terms are non-exclusive. You acknowledge that Binti may develop products or services that may compete with the API Clients or any other products or services.
3. Your API Clients
   1. API Clients and MonitoringThe API Technologies are designed to help you to develop applications or software to automate, integrate with, import, or export data or functionality into, out of, or with the Binti Products (“API Client(s)”). YOU AGREE THAT BINTI MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE BINTI PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Binti accessing and using your API Client, for example to identify security issues that could affect Binti or its users. You will not interfere with this monitoring. Binti may use any technical means to overcome such interference. Binti may suspend access to the API Technologies by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
   2. SecurityYou will use best efforts to protect third-party data, Operation Data and user information collected, transferred and processed by your API Client, including personally identifiable information (“PII”), from unauthorized access or use and will promptly report to the owner of any such data any unauthorized access or use of such information to the extent required by applicable law.
   3. OwnershipBinti does not acquire ownership in the API Clients developed by you, and by using our API Technologies, you do not acquire ownership of any rights in our API Technologies, the Binti Products or the content that is accessed through our API Technologies. Binti retains ownership of all elements of the APIs (including any elements of the API Clients based on the APIs).
   4. User Privacy and API ClientsYou will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for PII processed by your API Client that clearly and accurately describes what user information you collect and how you use and share such information with Binti and third parties.
4. Prohibitions and Confidentiality
   1. API ProhibitionsYou may not (or allow those acting on your behalf to):
      1. Create an API Client or other technology that functions substantially the same as or is competitive with the API Technologies or any other Binti product or service.
      2. Perform an action with the intent of introducing or recklessly or negligently risking the introduction to Binti products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
      3. Defame, abuse, harass, stalk, or threaten others.
      4. Interfere with or disrupt the API Technologies or the servers or networks providing the API Technologies.
      5. Use the API Technologies for volume, stress, or performance testing activities without prior written permission from Binti.
      6. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
      7. Use the API Technologies for any activities where the use or failure of the API Technologies could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
      8. Use the API Technologies to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
      9. Remove, obscure, or alter any Binti terms of service or any links to or notices of those terms.
   2. Confidential Matters
      1. Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage others from using your credentials. Developer credentials may not be embedded in open source projects.
      2. Our communications to you, Operation Data, our APIs and information made available to you regarding the APIs are all Binti confidential information except to the extent excluded below. Binti confidential information includes any materials, communications, and information that are marked confidential or that would reasonably be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Binti’s prior written consent. Binti confidential information does not include information that Binti makes publicly available, that you independently developed without reference to Binti confidential information, or that was rightfully given to you by a third party without confidentiality obligation. You may disclose Binti confidential information when compelled to do so by law if you provide us reasonable prior notice, and cooperation with our objection to the disclosure unless a court orders that we not receive notice.
5. Relationship to Binti Products and Third-Party Products and Services
   1. Binti ProductsNo rights are granted with respect to any API Technologies under, and none of the API Technologies are licensed or otherwise provided under, any MSSA. In addition, any use of API Technologies in connection with the Binti Products that are provided under a MSSA is subject to the restrictions and obligations of such MSSA governing your access, if any, to the Binti Products. Except as set forth in the MSSA, the Terms do not grant any rights to access or use the Binti Products.
   2. Third-Party Products and ServicesYour installation or enablement of API Technologies may result in the transmission of your data and Operation Data outside of the Binti Products to your or third-party systems or applications. The providers of such systems or applications any may be able to obtain access to data in the Binti Products through the API. Such access may result in the disclosure, modification or deletion of your data by those providers. We are not responsible for any such transmission, disclosure, modification or deletion of your data by, through or resulting from the use of the API Technologies, your or your third-party systems, applications or their providers.
6. Content
   1. Submission of ContentBinti does not acquire any ownership of any intellectual property rights in the content that you submit to our API Technologies through your API Client, except as expressly provided in the Terms. Before you submit content to our API Technologies through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your customers) to submit such content and will indemnify, defend and hold Binti and its officers and directors harmless from any claims from third parties to the contrary.
   2. Prohibitions on ContentUnless expressly permitted by the content owner or by applicable law, you will not, and will not permit your users or others acting on your behalf to, do the following with content returned from the APIs:
      1. Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
      2. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
      3. Misrepresent the source or ownership; or
      4. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
7. Brand Features; Attribution
   1. Brand Features“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. All use by you of Binti’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Binti.
   2. AttributionYou agree to display any attribution(s) required by Binti as described in the documentation for the API Technologies.
   3. PublicityYou will not make any statement regarding your use of the API Technologies which suggests partnership with, sponsorship by, or endorsement by Binti without Binti’s prior written approval.
8. Privacy and Copyright Protection
   1. Binti Privacy PoliciesBy using our API Technologies, Binti may use submitted information in accordance with our Privacy Policy, available here: https://binti.com/privacy/.
9. Termination
   1. TerminationYou may stop using our API Technologies at any time with or without notice. Further, if you want to terminate the Terms, you must provide Binti with prior written notice and upon termination, cease your use of the applicable API Technologies. Binti reserves the right to terminate the Terms with you or discontinue the API Technologies or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
   2. Your Obligations Post-TerminationUpon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the API Technologies and Binti Brand Features. Any retained content continues to be subject to these Terms. Binti may independently communicate with the Licensee whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
   3. Surviving ProvisionsWhen the Terms are terminated or expire, those provisions that by their nature should continue will continue, including but not limited to: Sections 4a, 4b, 6, 9, 10, and 11.
10. Liability for our API Technologies
    1. WARRANTIES
       EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, BINTI DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE API TECHNOLOGIES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE API TECHNOLOGIES, THE SPECIFIC FUNCTIONS OF THE API’S, OR THEIR RELIABILITY, SECURITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE API TECHNOLOGIES MAY BE MODIFIED OR DISCONTINUED. THE PRODUCT SERVICES WARRANTY FOR BINTI PRODUCTS DOES NOT APPLY TO THE API TECHNOLOGIES. WE PROVIDE THE API TECHNOLOGIES “AS IS” AND USE OF THE API TECHNOLOGIES IS AT YOUR OWN SOLE RISK. WE HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT OR SERVICES FOR THE API TECHNOLOGIES.SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
    2. LIMITATION OF LIABILITY
       WHEN PERMITTED BY LAW, BINTI WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BINTI, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $500.IN ALL CASES, BINTI WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
    3. Indemnification
       Unless prohibited by applicable law, you will defend and indemnify Binti, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
       1. your misuse or your user’s misuse of the API Technologies;
       2. your user’s violation of the Terms; or
       3. any claim that your API client, content or data you provide through the API Technology violates the rights of any third party including but not limited to copyright, trademark, trade secret, patent or privacy rights.
11. General Provisions
    1. ModificationWe may modify the Terms or any portion to, for example, reflect changes to the law or changes to our API Technologies. You should look at the Terms regularly. We’ll post notice of modifications to the Terms within the documentation of each applicable API, to this website (or any successor website), and/or in the documentation for the Binti Products. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
    2. U.S. Federal Agency EntitiesThe API Technologies were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
    3. General Legal TermsThe Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Binti does not take action right away, this does not mean that Binti is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Binti relating to its subject and supersede any prior or contemporaneous agreements on that subject. Except as set forth below: (i) the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the API Technologies and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE API TECHNOLOGIES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF ALAMEDA OR SAN FRANCISCO COUNTIES, CALIFORNIA, USA, AND YOU AND BINTI CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.