Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING

These Customer Terms of Service (“Customer Terms”) govern the terms on which Pistachio AS, reg. no. 929 575 717, Sandakerveien 114A, 0484 Oslo, Norway (“Pistachio”) makes the Pistachio Platform available to customers (“Customer”). These Customer Terms apply to all Customers, whether access is obtained directly from Pistachio or through a Pistachio partner. By signing an Order Form or Special Arrangement referencing these Customer Terms, or by accessing the Pistachio Platform, the individual doing so confirms they have authority to bind the Customer as a legal entity, and that the Customer has read, understood, and accepted these Customer Terms, including the Data Processing Agreement and the Privacy Notice referred to in clause 7. If you have any questions before accepting, please reach out to us — we are happy to help.

1. DEFINITIONS

2. USE OF THE PISTACHIO PLATFORM

2.1 License grant. For the duration of the Subscription Term, and subject to the Customer’s compliance with these Customer Terms and any applicable Order Form or Special Arrangements, Pistachio hereby grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform solely for the Customer’s own internal business purposes, and not for resale, redistribution, or publication. Rights to access and use the Pistachio Platform are licensed, not sold. To the extent the Pistachio Platform incorporates or makes use of third-party software or services, such components are subject to the terms of these Customer Terms and may only be used in connection with the Pistachio Platform and not independently.

2.2 Availability. Pistachio targets 99.9% availability of the Pistachio Platform, measured over the then-current Initial Term or Renewal Period, excluding planned or emergency maintenance. Pistachio may perform such maintenance at any time and will endeavour to minimise disruption. Pistachio takes reasonable steps to keep the Platform secure, free from harmful components, and to correct major defects promptly. Any liability for interruption, suspension, or unavailability is subject to clause 6.

2.3 Restrictions. Except as expressly set out in these Customer Terms, neither the Customer nor any User may attempt, permit, or enable others to:

2.4 Account security. The Customer is solely responsible for the security of its account credentials and for all activity under its account. The Customer must notify Pistachio immediately upon becoming aware of any unauthorised access or suspected account breach.

2.5 Platform data use. Pistachio may use data and content processed through the Pistachio Platform to provide and administer the Products, for service delivery purposes including analytics, troubleshooting, security monitoring, and improvement, and in aggregated and anonymised form for benchmarking and product development. For the avoidance of doubt, all personal data is processed solely in accordance with the Data Processing Agreement. The Customer warrants that it has obtained all authorisations required under applicable law before sharing any personal data with Pistachio.

2.6 Customer Data ownership. The Customer retains all right, title, and interest in and to all data processed through or generated within the Pistachio Platform by the Customer or its Users, including employee training records, simulation results, and audit log data processed through Presence. Pistachio will not use Customer data for any purpose beyond those set out in clause 2.5.

2.7 Product modifications. Pistachio may update, adjust, or improve any part of the Pistachio Platform at any time, provided that no such change will materially diminish the service level, material features, or performance already contracted for the duration of the Customer’s active subscription.

2.8 Support. Pistachio’s customer success team is here to ensure Customers realise the full value of our Products. Customers can reach out at any time through the Pistachio Platform or via the contact details on Pistachio’s website.

3. SUBSCRIPTION TERM AND PRICING

3.1 Subscription Term. The Customer’s subscription starts on the Effective Date and runs for the Initial Term, followed by any Renewal Periods. All Products and Users under the subscription, including those added under clause 3.4, share one Renewal Date.

3.2 Renewal. On each Renewal Date, the subscription renews automatically for a Renewal Period, unless otherwise agreed in the Order Form or Special Arrangements. Each renewal applies to all Products and Users included in the subscription at the Renewal Date, except to the extent notice of non-renewal has been given for one or more Products or Users under clause 8.1, or these Customer Terms have been terminated under clause 8.2.

3.3 Pricing. The price for the Products is as set out in the applicable Order Form or Special Arrangements.

3.4 Added Products and Users. Unless otherwise agreed in the Order Form or Special Arrangements, any Products and Users added by the Customer during the Subscription Term become part of the existing subscription and have the same Renewal Date. The fee for an addition is charged pro rata from the Effective Date of the addition until the next Renewal Date, after which the full fee applies.

3.5 Invoicing. Unless otherwise stated in the Order Form or Special Arrangements, invoices are issued on the Effective Date and at the start of each Renewal Period, and due within fourteen (14) calendar days of issue. Fees are based on licensed Users subscribed to, not actual usage. Invoice disputes must be raised in writing within fourteen (14) days of receipt, though obvious errors may be raised at any time. Pistachio may pass on any fees charged by vendor payment portals required by the Customer.

3.6 Discounts. Unless otherwise stated in the Order Form, any applied discount applies only during the Initial Term or, for Products and Users added under clause 3.4, until the next Renewal Date, and reverts to the undiscounted rate upon renewal.

3.7 Price changes. Unless otherwise stated in the Order Form, Pistachio has the right to update pricing following the Initial Term on at least three (3) months’ prior written notice, giving the Customer sufficient time to exercise its right of non-renewal under clause 8.1 before the new pricing takes effect.

3.8 Taxes. All amounts are exclusive of VAT or equivalent taxes. Norwegian VAT applies to Customers registered in Norway. Customers registered outside Norway are not charged VAT by Pistachio but are responsible for any applicable VAT or equivalent taxes in their own jurisdiction.

3.9 Late payment. If the Customer fails to make payment by the agreed time, Pistachio is entitled to: (i) charge interest on any overdue amount at a rate of 2% per month (or the maximum rate permitted by applicable law, whichever is lower); and (ii) suspend the Customer’s access to the Pistachio Platform on written notice until all outstanding amounts are settled.

3.10 Channel partner purchases. Where the Customer acquires access to the Pistachio Platform through a Pistachio partner, all payment-related terms as between the Customer and that partner will be set out in the applicable agreement between them. Any such agreement is solely between the Customer and the partner and shall not be binding upon Pistachio. Pistachio will not intervene in any commercial disputes arising from downstream pricing, credit risk, or invoicing arrangements between the Customer and its partner.

4. INTELLECTUAL PROPERTY

4.1 Ownership. The Customer acknowledges and agrees that all Intellectual Property Rights in the Pistachio Platform are under the sole and exclusive ownership of Pistachio and its licensors, and that nothing in these Customer Terms transfers or grants any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform in accordance with these Customer Terms. The Customer must notify Pistachio of any infringement of Pistachio’s Intellectual Property Rights that comes to its attention.

4.2 Third Party Content. Pistachio may host Third Party Content accessible through the Pistachio Platform. All Intellectual Property Rights in such Third Party Content remain with their respective owners or licensors.

4.3 IP indemnity. Pistachio agrees to indemnify, defend, and hold harmless the Customer from and against any third-party claim that the use of the Pistachio Platform in accordance with these Customer Terms infringes or misappropriates third-party Intellectual Property Rights. This indemnity does not apply where the alleged infringement results from modifications made by or on behalf of the Customer or use of the Pistachio Platform in a manner not permitted by these Customer Terms.

5. CONFIDENTIALITY

5.1 Obligation of confidence. Pistachio shall hold in strict confidence any information the Customer shares in connection with these Customer Terms that is designated as confidential or that a reasonable person would treat as confidential, and shall not disclose it to any third party or use it for any purpose other than performing its obligations under these Customer Terms, unless required to do so by law or court order.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer responsibility. The Customer is responsible for how the Customers and its licensed Users use the Pistachio Platform and for conclusions drawn from such use. The Products are not a substitute for professional legal, compliance, or security advice.

6.2 Warranties and liability. The Pistachio Platform is provided “as is” and “as available”, without warranties as to accuracy, reliability, or fitness for any particular purpose. Neither Party is liable for loss of profits, business, goodwill, or any indirect or consequential loss. Pistachio’s total liability is limited to the lower of fees paid in the twelve (12) months preceding the claim or NOK 100,000. Nothing in these Customer Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded by law.

7. DATA PROTECTION

7.1 Pistachio as processor. Where Pistachio processes personal data on behalf of the Customer, Pistachio acts as a data processor. In such cases, unless a separate data processing agreement has been entered into on the Customer’s own template or as part of a Special Arrangement, Pistachio’s standard Data Processing Agreement applies and is incorporated into these Customer Terms by reference, including during any trial.

7.2 Pistachio as controller. Pistachio processes personal data of the Customer’s authorised contacts for its own business purposes as an independent data controller, including for billing, account management, security, analytics, and legal compliance.

7.3 Privacy Notice. Pistachio’s Privacy Notice, available at pistachioapp.com/privacy-notice, forms part of these Customer Terms. Any rights and obligations set out in the Privacy Notice apply as part of these Customer Terms. The Customer is responsible for making its Users and authorised contacts aware of the Privacy Notice.

7.4 Security measures. Pistachio is ISO/IEC 27001 certified and takes appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or damage.

7.5 Presence notification requirements. Presence is subject to data protection and employment laws that vary by jurisdiction. Prior to activating Presence, the Customer should notify employees that monitoring is taking place and, where required by applicable law, carry out any necessary consultation with employee representatives or works councils. Some jurisdictions may impose additional requirements. Pistachio’s customer success team is here to guide the Customer on notification requirements and can assist with communication drafting. The Customer is solely responsible for legal compliance in connection with its use of Presence.

7.6 Breach notification. If either Party becomes aware of a personal data breach affecting the other Party’s data, it must notify the other Party promptly (and within the timeframe required by applicable law) and cooperate in responding to and mitigating the breach.

7.7 Data retention. Pistachio retains Customer data, including following termination of these Customer Terms, for the periods set out in the Data Processing Agreement. After these periods, Customer data is permanently deleted.

8. TERM AND TERMINATION

8.1 Non-renewal. The Subscription Term, renewal and added Products and Users are governed by clause 3. The Customer may give written notice of non-renewal for one or more Products, or of a reduction in the number of Users, with effect from the next Renewal Date. Notice must be received at least two (2) calendar months before the relevant Renewal Date. Where the month falling two months before the Renewal Date has fewer days, the deadline is the final day of that month. Notice must be given by email to support@pistachioapp.com or any Pistachio representative and is effective upon confirmed receipt. Where the notice covers only some Products or Users, the remaining Products and Users will continue to renew under clause 3.2.

8.2 Termination for cause. Either Party may terminate these Customer Terms at any time upon reasonable belief that the other Party has materially breached any provision of these Customer Terms, provided that where the breach is capable of remedy, the terminating Party has given the other Party written notice of the breach and thirty (30) days to remedy it. Either Party may also terminate immediately by written notice if the other Party becomes insolvent, makes an arrangement with creditors, is subject to a formal insolvency process, or ceases to carry on business, or engages in fraud or wilful misconduct.

8.3 Suspension. Pistachio may suspend the Customer’s access to the Pistachio Platform immediately on written notice if Pistachio reasonably believes the Customer is in material breach of these Customer Terms or if continued access poses a risk to security or if the Customer is engaged in conduct that may expose Pistachio to legal liability. Pistachio will notify the Customer of the reasons for suspension and will lift the suspension promptly once relevant circumstances are remedied. Suspension does not limit Pistachio’s right to terminate under clause 8.2.

8.4 Consequences of termination. Upon expiry or termination of these Customer Terms, the Customer’s and its Users’ access to the Pistachio Platform ceases immediately. Pistachio will issue a final invoice for any outstanding amounts. Data retention following termination is governed by clause 7.7 (Data retention).

8.5 Survival. Termination does not affect rights or liabilities that have accrued before the termination date. Clauses 1 (Definitions), 4 (Intellectual Property), 5 (Confidentiality), 6 (Disclaimer and Limitation of Liability), 7 (Data Protection), 8.4 (Consequences of termination), 8.5 (Survival), and 11 (Compliance and Conduct) survive expiry or termination of these Customer Terms.

9. PUBLICITY AND MARKETING

9.1 Reference right. The Customer allows Pistachio to use its name and logo to identify it as a customer, including on our website and in marketing materials. Pistachio will follow any brand guidelines the Customer provides. The Customer may withdraw this permission at any time by written notice.

10. GENERAL PROVISIONS

10.1 Governing law. These Customer Terms are governed by, and construed in accordance with, the laws of Norway.

10.2 Dispute resolution. The Parties will attempt to resolve any dispute in good faith. If a dispute is not resolved within thirty (30) days of written notice, either Party may refer it to the Norwegian courts, with Oslo District Court (Oslo tingrett) as the court of first instance. Notwithstanding the foregoing, Pistachio reserves the right to bring proceedings to recover unpaid amounts before the courts of any jurisdiction in which the Customer has its registered or principal place of business, or in which it operates or holds assets.

10.3 Assignment. Pistachio may transfer its rights and obligations under these Customer Terms in connection with a reorganisation, merger, or sale of all or substantially all of its assets, without affecting the Customer’s rights. The Customer may not transfer or assign its rights or obligations under these Customer Terms without Pistachio’s prior written consent, except in connection with a merger, acquisition, or other transaction involving a change of control of the Customer, provided the transferee agrees to be bound by these Customer Terms.

10.4 Amendments. Pistachio may update these Customer Terms from time to time and will give at least two (2) months’ notice of any material changes (apart from price changes requiring three (3) months’ notice pursuant to clause 3.7), provided that no such change will adversely affect the Customer’s rights during the then-current Initial Term or Renewal Period. Updated terms will apply from the start of the Customer’s next Renewal Period. Customers who do not accept the changes may give notice of non-renewal under clause 8.1. Minor updates such as clarifications or corrections may take effect immediately.

10.5 Severability. If any provision of these Customer Terms is found to be invalid, unenforceable, or illegal, it will be modified to the minimum extent necessary to make it enforceable, or removed if modification is impossible. The remaining provisions continue in full force.

10.6 Notices. Notices under these Customer Terms must be sent by email to the address each Party has on record. Pistachio may also provide notices through the Pistachio Platform, which will be deemed received at the time they are made available in the Customer’s account.

10.7 Force majeure. Neither Party is liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, or failure of third-party infrastructure. The affected Party must notify the other promptly and use reasonable efforts to minimise the disruption. Payment obligations are not excused by force majeure.

10.8 Waiver. A failure or delay to exercise a right or remedy does not constitute a waiver. A waiver of one breach does not waive subsequent breaches.

10.9 Entire agreement. These Customer Terms, together with any applicable Order Form and Special Arrangements, constitute the entire agreement between Pistachio and the Customer on their subject matter and supersede all prior discussions and agreements relating to the same subject matter. Where there is any conflict between these Customer Terms and on the other hand any Order Form and/or Special Arrangements, the latter prevail.

11. COMPLIANCE AND CONDUCT

11.1 Export controls and sanctions. The Products are subject to export control and sanctions laws, including those of Norway, the EU, and the United States. The Customer must not use, export, re-export, transfer, or disclose any part of the Products in violation of those laws, and represents that it is not located in, and will not access the Products from, any sanctioned country or territory (including Cuba, Iran, North Korea, Russia, Syria, and sanctioned regions of Ukraine), and that it is not owned or controlled by anyone on any sanctions list. These restrictions extend to all Users accessing the Pistachio Platform on the Customer’s behalf.

11.2 Conduct and culture. Pistachio is committed to fair, inclusive, and respectful dealings with everyone it works with, and expects its Customers to uphold the same standard. In all activities connected to these Customer Terms, each Party undertakes to treat all people with dignity and respect, regardless of race, ethnicity, gender, gender identity, sexual orientation, age, disability, religion, socioeconomic background, or any other characteristic. Neither Party shall engage in, encourage, or tolerate harassment, bullying, intimidation, or discrimination in any form.

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PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING

These Customer Terms of Service (“Customer Terms”) govern the terms on which Pistachio AS, reg. no. 929 575 717, Sandakerveien 114A, 0484 Oslo, Norway (“Pistachio”) makes the Pistachio Platform available to customers (“Customer”). These Customer Terms apply to all Customers, whether access is obtained directly from Pistachio or through a Pistachio partner. By signing an Order Form or Special Arrangement referencing these Customer Terms, or by accessing the Pistachio Platform, the individual doing so confirms they have authority to bind the Customer as a legal entity, and that the Customer has read, understood, and accepted these Customer Terms. If you have any questions before accepting, please reach out to us — we are happy to help.

1. DEFINITIONS

2. USE OF THE PISTACHIO PLATFORM

2.1 License grant. For the duration of the Subscription Term, and subject to the Customer’s compliance with these Customer Terms and any applicable Order Form or Special Arrangements, Pistachio hereby grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform solely for the Customer’s own internal business purposes, and not for resale, redistribution, or publication. Rights to access and use the Pistachio Platform are licensed, not sold. To the extent the Pistachio Platform incorporates or makes use of third-party software or services, such components are subject to the terms of these Customer Terms and may only be used in connection with the Pistachio Platform and not independently.

2.2 Availability. Pistachio targets 99.9% availability of the Pistachio Platform, measured on a rolling 12-month basis from the Effective Date, excluding planned or emergency maintenance. Pistachio may perform such maintenance at any time and will endeavour to minimise disruption. Pistachio takes reasonable steps to keep the Platform secure, free from harmful components, and to correct major defects promptly. Any liability for interruption, suspension, or unavailability is subject to clause 6.

2.3 Restrictions. Except as expressly set out in these Customer Terms, neither the Customer nor any User may attempt, permit, or enable others to:

1. sell, lease, rent, sublicense, copy, or provide access to the Pistachio Platform to any third party;
2. use the Pistachio Platform unlawfully or in a way that infringes any third party’s rights, or upload, make available, or share any content that is unlawful, false, fraudulent, harmful, or defamatory;
3. scan or test the vulnerability of the Pistachio Platform, or breach, disable, circumvent, or damage any authentication, security measure, or technical restriction;
4. reverse engineer, decompile, or otherwise use the Pistachio Platform to develop, test, enhance, or calibrate any model, system, or software similar to any feature of the Pistachio Platform; or
5. access or use the Pistachio Platform for purposes of monitoring its availability, performance, or functionality, for benchmarking or competitive intelligence purposes, or on behalf of a direct competitor of Pistachio.

2.4 Account security. The Customer is solely responsible for the security of its account credentials and for all activity under its account. The Customer must notify Pistachio immediately upon becoming aware of any unauthorised access or suspected account breach.

2.5 Platform data use. Pistachio may use data and content processed through the Pistachio Platform to provide and administer the Products, for service delivery purposes including analytics, troubleshooting, security monitoring, and improvement, and in aggregated and anonymised form for benchmarking and product development. For the avoidance of doubt, all personal data is processed solely in accordance with the Data Processing Agreement. The Customer warrants that it has obtained all authorisations required under applicable law before sharing any personal data with Pistachio.

2.6 Customer Data ownership. The Customer retains all right, title, and interest in and to all data processed through or generated within the Pistachio Platform by the Customer or its Users, including employee training records, simulation results, and audit log data processed through Presence. Pistachio will not use Customer data for any purpose beyond those set out in clause 2.5.

2.7 Product modifications. Pistachio may update, adjust, or improve any part of the Pistachio Platform at any time, provided that no such change will materially diminish the service level, material features, or performance already contracted for the duration of the Customer's active subscription.

2.8 Support. Pistachio's customer success team is here to ensure Customers realise the full value of our Products. Customers can reach out at any time through the Pistachio Platform or via the contact details on Pistachio's website.

3. SUBSCRIPTION TERM AND PRICING

3.1 Subscription Term. The Initial Term is as specified in the Order Form or Special Arrangements.

3.2 Renewal. These Customer Terms will automatically renew for successive periods equal to the Initial Term (each a “Renewal Period”), unless the subscription is terminated in accordance with clause 8.1 or otherwise is agreed in the Order Form or Special Arrangements.

3.3 Pricing. The price for the Products is as set out in the applicable Order Form or Special Arrangements.

3.4 Mid-term subscriptions. Where the Customer adds Products or Users during an active Subscription Term, Pistachio will align the new subscription to the existing anniversary date. A pro-rata charge will apply for the period from the activation date to the next anniversary date, after which the full annual fee applies. This ensures all Products are billed together on the same cycle and expire at the same time.

3.5 Invoicing. Unless otherwise stated in the Order Form or Special Arrangements, invoices are issued on the Effective Date and due within fourteen (14) calendar days of issue. Fees are based on licensed Users subscribed to, not actual usage. Invoice disputes must be raised in writing within fourteen (14) days of receipt, though obvious errors may be raised at any time. Pistachio may pass on any fees charged by vendor payment portals required by the Customer.

3.6 Discounts. Unless otherwise stated in the Order Form, any applied discount applies only during the Initial Term and reverts to the undiscounted rate upon renewal.

3.7 Price changes. Unless otherwise stated in the Order Form, Pistachio has the right to update pricing following the Initial Term on at least three (3) months' prior written notice, giving the Customer sufficient time to exercise its right of non-renewal under clause 8.1 before the new pricing takes effect.

3.8 Taxes. All amounts are exclusive of VAT or equivalent taxes. Norwegian VAT applies to Customers registered in Norway. Customers registered outside Norway are not charged VAT by Pistachio but are responsible for any applicable VAT or equivalent taxes in their own jurisdiction.

3.9 Late payment. If the Customer fails to make payment by the agreed time, Pistachio is entitled to: (i) charge interest on any overdue amount at a rate of 2% per month (or the maximum rate permitted by applicable law, whichever is lower); and (ii) suspend the Customer’s access to the Pistachio Platform on written notice until all outstanding amounts are settled.

3.10 Channel partner purchases. Where the Customer acquires access to the Pistachio Platform through a Pistachio partner, all payment-related terms as between the Customer and that partner will be set out in the applicable agreement between them. Any such agreement is solely between the Customer and the partner and shall not be binding upon Pistachio. Pistachio will not intervene in any commercial disputes arising from downstream pricing, credit risk, or invoicing arrangements between the Customer and its partner.

4. INTELLECTUAL PROPERTY

4.1 Ownership. The Customer acknowledges and agrees that all Intellectual Property Rights in the Pistachio Platform are under the sole and exclusive ownership of Pistachio and its licensors, and that nothing in these Customer Terms transfers or grants any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform in accordance with these Customer Terms. The Customer must notify Pistachio of any infringement of Pistachio’s Intellectual Property Rights that comes to its attention.

4.2 Third Party Content. Pistachio may host Third Party Content accessible through the Pistachio Platform. All Intellectual Property Rights in such Third Party Content remain with their respective owners or licensors.

4.3 IP indemnity. Pistachio agrees to indemnify, defend, and hold harmless the Customer from and against any third-party claim that the use of the Pistachio Platform in accordance with these Customer Terms infringes or misappropriates third-party Intellectual Property Rights. This indemnity does not apply where the alleged infringement results from modifications made by or on behalf of the Customer or use of the Pistachio Platform in a manner not permitted by these Customer Terms.

5. CONFIDENTIALITY

5.1 Obligation of confidence. Pistachio shall hold in strict confidence any information the Customer shares in connection with these Customer Terms that is designated as confidential or that a reasonable person would treat as confidential, and shall not disclose it to any third party or use it for any purpose other than performing its obligations under these Customer Terms, unless required to do so by law or court order.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer responsibility. The Customer is responsible for how the Customers and its licensed Users use the Pistachio Platform and for conclusions drawn from such use. The Products are not a substitute for professional legal, compliance, or security advice.

6.2 Warranties and liability. The Pistachio Platform is provided “as is” and “as available”, without warranties as to accuracy, reliability, or fitness for any particular purpose. Neither Party is liable for loss of profits, business, goodwill, or any indirect or consequential loss. Pistachio’s total liability is limited to the lower of fees paid in the twelve (12) months preceding the claim or NOK 100,000. Nothing in these Customer Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded by law.

7. DATA PROTECTION

7.1 Pistachio as processor. Where Pistachio processes personal data on behalf of the Customer, Pistachio acts as a data processor. In such cases, unless a separate data processing agreement has been entered into on the Customer’s own template or as part of a Special Arrangement, Pistachio’s standard Data Processing Agreement applies and is incorporated into these Customer Terms by reference.

7.2 Pistachio as controller. Pistachio processes personal data of the Customer’s authorised contacts for its own business purposes as an independent data controller, including for billing, account management, security, analytics, and legal compliance.

7.3 Privacy Notice. Details of how Pistachio processes personal data in its capacities as processor and controller under clauses 7.1 and 7.2 are set out in Pistachio’s Privacy Notice, available at pistachioapp.com/privacy-notice. The Privacy Notice forms part of these Customer Terms and the Customer is responsible for making its Users aware of it.

7.4 Security measures. Pistachio is ISO/IEC 27001 certified and takes appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or damage.

7.5 Presence notification requirements. Presence is subject to data protection and employment laws that vary by jurisdiction. Prior to activating Presence, the Customer should notify employees that monitoring is taking place and, where required by applicable law, carry out any necessary consultation with employee representatives or works councils. Some jurisdictions may impose additional requirements. Pistachio's customer success team is here to guide the Customer on notification requirements and can assist with communication drafting. The Customer is solely responsible for legal compliance in connection with its use of Presence.

7.6 Breach notification. If either Party becomes aware of a personal data breach affecting the other Party’s data, it must notify the other Party promptly (and within the timeframe required by applicable law) and cooperate in responding to and mitigating the breach.

7.7 Data retention. Pistachio retains data as long as it has a need for its use or to meet regulatory or contractual requirements. Following termination of these Customer Terms, Pistachio will retain: (i) Practice data for twelve (12) months; and (ii) Presence data for sixty (60) days. After these periods, Customer data is permanently deleted.

8. TERM AND TERMINATION

8.1 Term. The Contract Term is governed by clause 3.1 (Subscription Term). The Customer may give written notice of non-renewal at least two (2) months before the end of the then-current term. Such notice must be given by email to any Pistachio representative and is effective upon confirmed receipt.

8.2 Termination for cause. Either Party may terminate these Customer Terms at any time upon reasonable belief that the other Party has materially breached any provision of these Customer Terms, provided that where the breach is capable of remedy, the terminating Party has given the other Party written notice of the breach and thirty (30) days to remedy it. Either Party may also terminate immediately by written notice if the other Party becomes insolvent, makes an arrangement with creditors, is subject to a formal insolvency process, or ceases to carry on business, or engages in fraud or wilful misconduct.

8.3 Suspension. Pistachio may suspend the Customer’s access to the Pistachio Platform immediately on written notice if Pistachio reasonably believes the Customer is in material breach of these Customer Terms or if continued access poses a risk to security or if the Customer is engaged in conduct that may expose Pistachio to legal liability. Pistachio will notify the Customer of the reasons for suspension and will lift the suspension promptly once relevant circumstances are remedied. Suspension does not limit Pistachio’s right to terminate under clause 8.2.

8.4 Consequences of termination. Upon expiry or termination of these Customer Terms, the Customer’s and its Users’ access to the Pistachio Platform ceases immediately. Pistachio will issue a final invoice for any outstanding amounts. Data retention following termination is governed by clause 7.7 (Data retention).

8.5 Survival. Termination does not affect rights or liabilities that have accrued before the termination date. Clauses 1 (Definitions), 4 (Intellectual Property), 5 (Confidentiality), 6 (Disclaimer and Limitation of Liability), 7 (Data Protection), 8.4 (Consequences of termination), 8.5 (Survival), and 11 (Compliance and Conduct) survive expiry or termination of these Customer Terms.

9. PUBLICITY AND MARKETING

9.1 Reference right. The Customer allows Pistachio to use its name and logo to identify it as a customer, including on our website and in marketing materials. Pistachio will follow any brand guidelines the Customer provides. The Customer may withdraw this permission at any time by written notice.

10. GENERAL PROVISIONS

10.1 Governing law. These Customer Terms are governed by, and construed in accordance with, the laws of Norway.

10.2 Dispute resolution. The Parties will attempt to resolve any dispute in good faith. If a dispute is not resolved within thirty (30) days of written notice, either Party may refer it to the Norwegian courts, with Oslo District Court (Oslo tingrett) as the court of first instance. Notwithstanding the foregoing, Pistachio reserves the right to bring proceedings to recover unpaid amounts before the courts of any jurisdiction in which the Customer has its registered or principal place of business, or in which it operates or holds assets.

10.3 Assignment. Pistachio may transfer its rights and obligations under these Customer Terms in connection with a reorganisation, merger, or sale of all or substantially all of its assets, without affecting the Customer’s rights. The Customer may not transfer or assign its rights or obligations under these Customer Terms without Pistachio’s prior written consent, except in connection with a merger, acquisition, or other transaction involving a change of control of the Customer, provided the transferee agrees to be bound by these Customer Terms.

10.4 Amendments. Pistachio may update these Customer Terms from time to time and will give at least two (2) months’ notice of any material changes (apart from price changes requiring three (3) months’ notice pursuant to clause 3.7), provided that no such change will adversely affect the Customer’s rights during the then-current Subscription Term. Updated terms will apply from the start of the Customer’s next Subscription Term. Customers who do not accept the changes may terminate in accordance with clause 8.2 (Termination for cause). Minor updates such as clarifications or corrections may take effect immediately.

10.5 Severability. If any provision of these Customer Terms is found to be invalid, unenforceable, or illegal, it will be modified to the minimum extent necessary to make it enforceable, or removed if modification is impossible. The remaining provisions continue in full force.

10.6 Notices. Notices under these Customer Terms must be sent by email to the address each Party has on record. Pistachio may also provide notices through the Pistachio Platform, which will be deemed received at the time they are made available in the Customer’s account.

10.7 Force majeure. Neither Party is liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, or failure of third-party infrastructure. The affected Party must notify the other promptly and use reasonable efforts to minimise the disruption. Payment obligations are not excused by force majeure.

10.8 Waiver. A failure or delay to exercise a right or remedy does not constitute a waiver. A waiver of one breach does not waive subsequent breaches.

10.9 Entire agreement. These Customer Terms, together with any applicable Order Form and Special Arrangements, constitute the entire agreement between Pistachio and the Customer on their subject matter and supersede all prior discussions and agreements relating to the same subject matter. Where there is any conflict between these Customer Terms and on the other hand any Order Form and/or Special Arrangements, the latter prevail.

11. COMPLIANCE AND CONDUCT

11.1 Export controls and sanctions. The Products are subject to export control and sanctions laws, including those of Norway, the EU, and the United States. The Customer must not use, export, re-export, transfer, or disclose any part of the Products in violation of those laws, and represents that it is not located in, and will not access the Products from, any sanctioned country or territory (including Cuba, Iran, North Korea, Russia, Syria, and sanctioned regions of Ukraine), and that it is not owned or controlled by anyone on any sanctions list. These restrictions extend to all Users accessing the Pistachio Platform on the Customer’s behalf.

11.2 Conduct and culture. Pistachio is committed to fair, inclusive, and respectful dealings with everyone it works with, and expects its Customers to uphold the same standard. In all activities connected to these Customer Terms, each Party undertakes to treat all people with dignity and respect, regardless of race, ethnicity, gender, gender identity, sexual orientation, age, disability, religion, socioeconomic background, or any other characteristic. Neither Party shall engage in, encourage, or tolerate harassment, bullying, intimidation, or discrimination in any form.

PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING

These Customer Terms of Service (“Customer Terms”) govern the terms on which Pistachio AS, reg. no. 929 575 717, Sandakerveien 114A, 0484 Oslo, Norway (“Pistachio”) makes the Pistachio Platform available to customers (“Customer”). These Customer Terms apply to all Customers, whether access is obtained directly from Pistachio or through a Pistachio partner. By signing an Order Form or Special Arrangement referencing these Customer Terms, or by accessing the Pistachio Platform, the individual doing so confirms they have authority to bind the Customer as a legal entity, and that the Customer has read, understood, and accepted these Customer Terms. If you have any questions before accepting, please reach out to us — we are happy to help.

1. DEFINITIONS

2. USE OF THE PISTACHIO PLATFORM

2.1 License grant. For the duration of the Subscription Term, and subject to the Customer’s compliance with these Customer Terms and any applicable Order Form or Special Arrangements, Pistachio hereby grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform solely for the Customer’s own internal business purposes, and not for resale, redistribution, or publication. Rights to access and use the Pistachio Platform are licensed, not sold. To the extent the Pistachio Platform incorporates or makes use of third-party software or services, such components are subject to the terms of these Customer Terms and may only be used in connection with the Pistachio Platform and not independently.

2.2 Availability. Pistachio targets 99.9% availability of the Pistachio Platform, measured on a rolling 12-month basis from the Effective Date, excluding planned or emergency maintenance. Pistachio may perform such maintenance at any time and will endeavour to minimise disruption. Pistachio takes reasonable steps to keep the Platform secure, free from harmful components, and to correct major defects promptly. Any liability for interruption, suspension, or unavailability is subject to clause 6.

2.3 Restrictions. Except as expressly set out in these Customer Terms, neither the Customer nor any User may attempt, permit, or enable others to:

1. sell, lease, rent, sublicense, copy, or provide access to the Pistachio Platform to any third party;
2. use the Pistachio Platform unlawfully or in a way that infringes any third party’s rights, or upload, make available, or share any content that is unlawful, false, fraudulent, harmful, or defamatory;
3. scan or test the vulnerability of the Pistachio Platform, or breach, disable, circumvent, or damage any authentication, security measure, or technical restriction;
4. reverse engineer, decompile, or otherwise use the Pistachio Platform to develop, test, enhance, or calibrate any model, system, or software similar to any feature of the Pistachio Platform; or
5. access or use the Pistachio Platform for purposes of monitoring its availability, performance, or functionality, for benchmarking or competitive intelligence purposes, or on behalf of a direct competitor of Pistachio.

2.4 Account security. The Customer is solely responsible for the security of its account credentials and for all activity under its account. The Customer must notify Pistachio immediately upon becoming aware of any unauthorised access or suspected account breach.

2.5 Platform data use. Pistachio may use data and content processed through the Pistachio Platform to provide and administer the Products, for service delivery purposes including analytics, troubleshooting, security monitoring, and improvement, and in aggregated and anonymised form for benchmarking and product development. For the avoidance of doubt, all personal data is processed solely in accordance with the Data Processing Agreement. The Customer warrants that it has obtained all authorisations required under applicable law before sharing any personal data with Pistachio.

2.6 Customer Data ownership. The Customer retains all right, title, and interest in and to all data processed through or generated within the Pistachio Platform by the Customer or its Users, including employee training records, simulation results, and audit log data processed through Presence. Pistachio will not use Customer data for any purpose beyond those set out in clause 2.5.

2.7 Product modifications. Pistachio may update, adjust, or improve any part of the Pistachio Platform at any time, provided that no such change will materially diminish the service level, material features, or performance already contracted for the duration of the Customer's active subscription.

2.8 Support. Pistachio's customer success team is here to ensure Customers realise the full value of our Products. Customers can reach out at any time through the Pistachio Platform or via the contact details on Pistachio's website.

3. SUBSCRIPTION TERM AND PRICING

3.1 Subscription Term. The Initial Term is as specified in the Order Form or Special Arrangements.

3.2 Renewal. These Customer Terms will automatically renew for successive periods equal to the Initial Term (each a “Renewal Period”), unless the subscription is terminated in accordance with clause 8.1 or otherwise is agreed in the Order Form or Special Arrangements.

3.3 Pricing. The price for the Products is as set out in the applicable Order Form or Special Arrangements.

3.4 Mid-term subscriptions. Where the Customer adds Products or Users during an active Subscription Term, Pistachio will align the new subscription to the existing anniversary date. A pro-rata charge will apply for the period from the activation date to the next anniversary date, after which the full annual fee applies. This ensures all Products are billed together on the same cycle and expire at the same time.

3.5 Invoicing. Unless otherwise stated in the Order Form or Special Arrangements, invoices are issued on the Effective Date and due within fourteen (14) calendar days of issue. Fees are based on licensed Users subscribed to, not actual usage. Invoice disputes must be raised in writing within fourteen (14) days of receipt, though obvious errors may be raised at any time. Pistachio may pass on any fees charged by vendor payment portals required by the Customer.

3.6 Discounts. Unless otherwise stated in the Order Form, any applied discount applies only during the Initial Term and reverts to the undiscounted rate upon renewal.

3.7 Price changes. Unless otherwise stated in the Order Form, Pistachio has the right to update pricing following the Initial Term on at least three (3) months' prior written notice, giving the Customer sufficient time to exercise its right of non-renewal under clause 8.1 before the new pricing takes effect.

3.8 Taxes. All amounts are exclusive of VAT or equivalent taxes. Norwegian VAT applies to Customers registered in Norway. Customers registered outside Norway are not charged VAT by Pistachio but are responsible for any applicable VAT or equivalent taxes in their own jurisdiction.

3.9 Late payment. If the Customer fails to make payment by the agreed time, Pistachio is entitled to: (i) charge interest on any overdue amount at a rate of 2% per month (or the maximum rate permitted by applicable law, whichever is lower); and (ii) suspend the Customer’s access to the Pistachio Platform on written notice until all outstanding amounts are settled.

3.10 Channel partner purchases. Where the Customer acquires access to the Pistachio Platform through a Pistachio partner, all payment-related terms as between the Customer and that partner will be set out in the applicable agreement between them. Any such agreement is solely between the Customer and the partner and shall not be binding upon Pistachio. Pistachio will not intervene in any commercial disputes arising from downstream pricing, credit risk, or invoicing arrangements between the Customer and its partner.

4. INTELLECTUAL PROPERTY

4.1 Ownership. The Customer acknowledges and agrees that all Intellectual Property Rights in the Pistachio Platform are under the sole and exclusive ownership of Pistachio and its licensors, and that nothing in these Customer Terms transfers or grants any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform in accordance with these Customer Terms. The Customer must notify Pistachio of any infringement of Pistachio’s Intellectual Property Rights that comes to its attention.

4.2 Third Party Content. Pistachio may host Third Party Content accessible through the Pistachio Platform. All Intellectual Property Rights in such Third Party Content remain with their respective owners or licensors.

4.3 IP indemnity. Pistachio agrees to indemnify, defend, and hold harmless the Customer from and against any third-party claim that the use of the Pistachio Platform in accordance with these Customer Terms infringes or misappropriates third-party Intellectual Property Rights. This indemnity does not apply where the alleged infringement results from modifications made by or on behalf of the Customer or use of the Pistachio Platform in a manner not permitted by these Customer Terms.

5. CONFIDENTIALITY

5.1 Obligation of confidence. Pistachio shall hold in strict confidence any information the Customer shares in connection with these Customer Terms that is designated as confidential or that a reasonable person would treat as confidential, and shall not disclose it to any third party or use it for any purpose other than performing its obligations under these Customer Terms, unless required to do so by law or court order.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer responsibility. The Customer is responsible for how the Customers and its licensed Users use the Pistachio Platform and for conclusions drawn from such use. The Products are not a substitute for professional legal, compliance, or security advice.

6.2 Warranties and liability. The Pistachio Platform is provided “as is” and “as available”, without warranties as to accuracy, reliability, or fitness for any particular purpose. Neither Party is liable for loss of profits, business, goodwill, or any indirect or consequential loss. Pistachio’s total liability is limited to the lower of fees paid in the twelve (12) months preceding the claim or NOK 100,000. Nothing in these Customer Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded by law.

7. DATA PROTECTION

7.1 Pistachio as processor. Where Pistachio processes personal data on behalf of the Customer, Pistachio acts as a data processor. In such cases, unless a separate data processing agreement has been entered into on the Customer’s own template or as part of a Special Arrangement, Pistachio’s standard Data Processing Agreement applies and is incorporated into these Customer Terms by reference.

7.2 Pistachio as controller. Pistachio processes personal data of the Customer’s authorised contacts for its own business purposes as an independent data controller, including for billing, account management, security, analytics, and legal compliance.

7.3 Privacy Notice. Details of how Pistachio processes personal data in its capacities as processor and controller under clauses 7.1 and 7.2 are set out in Pistachio’s Privacy Notice, available at pistachioapp.com/privacy-notice. The Privacy Notice forms part of these Customer Terms and the Customer is responsible for making its Users aware of it.

7.4 Security measures. Pistachio is ISO/IEC 27001 certified and takes appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or damage.

7.5 Presence notification requirements. Presence is subject to data protection and employment laws that vary by jurisdiction. Prior to activating Presence, the Customer should notify employees that monitoring is taking place and, where required by applicable law, carry out any necessary consultation with employee representatives or works councils. Some jurisdictions may impose additional requirements. Pistachio's customer success team is here to guide the Customer on notification requirements and can assist with communication drafting. The Customer is solely responsible for legal compliance in connection with its use of Presence.

7.6 Breach notification. If either Party becomes aware of a personal data breach affecting the other Party’s data, it must notify the other Party promptly (and within the timeframe required by applicable law) and cooperate in responding to and mitigating the breach.

7.7 Data retention. Pistachio retains data as long as it has a need for its use or to meet regulatory or contractual requirements. Following termination of these Customer Terms, Pistachio will retain: (i) Practice data for twelve (12) months; and (ii) Presence data for sixty (60) days. After these periods, Customer data is permanently deleted.

8. TERM AND TERMINATION

8.1 Term. The Contract Term is governed by clause 3.1 (Subscription Term). The Customer may give written notice of non-renewal at least two (2) months before the end of the then-current term.

8.2 Termination for cause. Either Party may terminate these Customer Terms at any time upon reasonable belief that the other Party has materially breached any provision of these Customer Terms, provided that where the breach is capable of remedy, the terminating Party has given the other Party written notice of the breach and thirty (30) days to remedy it. Either Party may also terminate immediately by written notice if the other Party becomes insolvent, makes an arrangement with creditors, is subject to a formal insolvency process, or ceases to carry on business, or engages in fraud or wilful misconduct.

8.3 Suspension. Pistachio may suspend the Customer’s access to the Pistachio Platform immediately on written notice if Pistachio reasonably believes the Customer is in material breach of these Customer Terms or if continued access poses a risk to security or if the Customer is engaged in conduct that may expose Pistachio to legal liability. Pistachio will notify the Customer of the reasons for suspension and will lift the suspension promptly once relevant circumstances are remedied. Suspension does not limit Pistachio’s right to terminate under clause 8.2.

8.4 Consequences of termination. Upon expiry or termination of these Customer Terms, the Customer’s and its Users’ access to the Pistachio Platform ceases immediately. Pistachio will issue a final invoice for any outstanding amounts. Data retention following termination is governed by clause 7.7 (Data retention).

8.5 Survival. Termination does not affect rights or liabilities that have accrued before the termination date. Clauses 1 (Definitions), 4 (Intellectual Property), 5 (Confidentiality), 6 (Disclaimer and Limitation of Liability), 7 (Data Protection), 8.4 (Consequences of termination), 8.5 (Survival), and 11 (Compliance and Conduct) survive expiry or termination of these Customer Terms.

9. PUBLICITY AND MARKETING

9.1 Reference right. The Customer allows Pistachio to use its name and logo to identify it as a customer, including on our website and in marketing materials. Pistachio will follow any brand guidelines the Customer provides. The Customer may withdraw this permission at any time by written notice.

10. GENERAL PROVISIONS

10.1 Governing law. These Customer Terms are governed by, and construed in accordance with, the laws of Norway.

10.2 Dispute resolution. The Parties will attempt to resolve any dispute in good faith. If a dispute is not resolved within thirty (30) days of written notice, either Party may refer it to the Norwegian courts, with Oslo District Court (Oslo tingrett) as the court of first instance. Notwithstanding the foregoing, Pistachio reserves the right to bring proceedings to recover unpaid amounts before the courts of any jurisdiction in which the Customer has its registered or principal place of business, or in which it operates or holds assets.

10.3 Assignment. Pistachio may transfer its rights and obligations under these Customer Terms in connection with a reorganisation, merger, or sale of all or substantially all of its assets, without affecting the Customer’s rights. The Customer may not transfer or assign its rights or obligations under these Customer Terms without Pistachio’s prior written consent, except in connection with a merger, acquisition, or other transaction involving a change of control of the Customer, provided the transferee agrees to be bound by these Customer Terms.

10.4 Amendments. Pistachio may update these Customer Terms from time to time and will give at least two (2) months’ notice of any material changes (apart from price changes requiring three (3) months’ notice pursuant to clause 3.7), provided that no such change will adversely affect the Customer’s rights during the then-current Subscription Term. Updated terms will apply from the start of the Customer’s next Subscription Term. Customers who do not accept the changes may terminate in accordance with clause 8.2 (Termination for cause). Minor updates such as clarifications or corrections may take effect immediately.

10.5 Severability. If any provision of these Customer Terms is found to be invalid, unenforceable, or illegal, it will be modified to the minimum extent necessary to make it enforceable, or removed if modification is impossible. The remaining provisions continue in full force.

10.6 Notices. Notices under these Customer Terms must be sent by email to the address each Party has on record. Pistachio may also provide notices through the Pistachio Platform, which will be deemed received at the time they are made available in the Customer’s account.

10.7 Force majeure. Neither Party is liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, or failure of third-party infrastructure. The affected Party must notify the other promptly and use reasonable efforts to minimise the disruption. Payment obligations are not excused by force majeure.

10.8 Waiver. A failure or delay to exercise a right or remedy does not constitute a waiver. A waiver of one breach does not waive subsequent breaches.

10.9 Entire agreement. These Customer Terms, together with any applicable Order Form and Special Arrangements, constitute the entire agreement between Pistachio and the Customer on their subject matter and supersede all prior discussions and agreements relating to the same subject matter. Where there is any conflict between these Customer Terms and on the other hand any Order Form and/or Special Arrangements, the latter prevail.

11. COMPLIANCE AND CONDUCT

11.1 Export controls and sanctions. The Products are subject to export control and sanctions laws, including those of Norway, the EU, and the United States. The Customer must not use, export, re-export, transfer, or disclose any part of the Products in violation of those laws, and represents that it is not located in, and will not access the Products from, any sanctioned country or territory (including Cuba, Iran, North Korea, Russia, Syria, and sanctioned regions of Ukraine), and that it is not owned or controlled by anyone on any sanctions list. These restrictions extend to all Users accessing the Pistachio Platform on the Customer’s behalf.

11.2 Conduct and culture. Pistachio is committed to fair, inclusive, and respectful dealings with everyone it works with, and expects its Customers to uphold the same standard. In all activities connected to these Customer Terms, each Party undertakes to treat all people with dignity and respect, regardless of race, ethnicity, gender, gender identity, sexual orientation, age, disability, religion, socioeconomic background, or any other characteristic. Neither Party shall engage in, encourage, or tolerate harassment, bullying, intimidation, or discrimination in any form.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Karvesvingen 7, 0579, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform ("Pistachio Platform") that facilitates (i) a range of cybersecurity awareness training and attack simulation services ("Pistachio Practice") and (ii) an insider threat detecting tool ("Pistachio Presence");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement, and which access is granted either to Pistachio Practice and/or Pistachio Presence depending on what product(s) the Customer subscribes for from time to time.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 Unless otherwise stated in the Order Form, any applied discount shall be discontinued following the Initial Term as defined in clause 8 below, and the price thereafter will automatically revert to the undiscounted cost as referenced in the Order Form.

3.3 Unless otherwise stated in the Order Form, Pistachio has the right to increase the undiscounted cost referenced in the Order Form following the Initial Term – or, if automatically renewed, following the end of the last renewal period – based on the inflation rate published by the European Harmonised Index of Consumer Prices (HICP) for the twelve (12) month period immediately preceding the renewal date.

3.4 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

4.3 Pistachio ('Indemnifier') agrees to indemnify, defend, and hold harmless Customer ('Indemnitee') from and against any and all claims, demands, suits, actions, proceedings, losses, damages, costs, fees (including reasonable attorneys' fees), and expenses arising out of or relating to any allegation or claim that the use of the Pistachio Platform infringes or misappropriates any third-party intellectual property rights. This indemnification obligation is contingent upon the Indemnitee: (i) promptly notifying the Indemnifier in writing of any such claim; (ii) giving the Indemnifier sole control of the defense and any settlement negotiations; and (iii) cooperating and, at Indemnifier's request and expense, assisting in such defense.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for (i) general information and training purposes only (as for as for Pistachio Practice) and (ii) audit log processing for insider threat detection purposes only (as for Pistachio Practice). Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer acknowledge and agrees that Pistachio Presence is a detection tool which, by its nature, is subject to stringent legal regulation across jurisdictions. Customer assumes sole responsibility for its and Users’ use of Pistachio Presence, including informing its employees about the implementation and use of the tool (and the implications for employees engaged in insider-threat behavior), and for obtaining employee consent, in each case as required under applicable law. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon two (2) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio retains data as long as Pistachio has a need for its use, or to meet regulatory or contractual requirements. As for Pistachio Practice, Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. As for Pistachio Presence, Pistachio will retain Customer’s data for a period of sixty (60) days, except for any alert on a potential insider threat which is stored and made available to the Customer as a CSV file for as long as the Customer is using Pistachio Presence. After said points in time, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.4 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. PUBLICITY AND MARKETING

9.1 Customer grants Pistachio a non-exclusive, worldwide, royalty-free license to use Customer's name and logo solely for the purpose of identifying Customer as a user of Pistachio's services. This includes inclusion on Pistachio's website, in marketing materials, and in presentations. Pistachio agrees to use the Customer's name and logo in accordance with any brand guidelines provided by Customer.

9.2 Customer may revoke this permission at any time by providing written notice to Pistachio, after which Pistachio will remove Customer's name and logo from all marketing materials within fifteen (15) days of notice being sent.

10. GENERAL PROVISIONS

10.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

10.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

10.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Karvesvingen 7, 0579, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform ("Pistachio Platform") that facilitates (i) a range of cybersecurity awareness training and attack simulation services ("Pistachio Practice") and (ii) an insider threat detecting tool ("Pistachio Presence");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement, and which access is granted either to Pistachio Practice and/or Pistachio Presence depending on what product(s) the Customer subscribes for from time to time.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 Unless otherwise stated in the Order Form, any applied discount shall be discontinued following the Initial Term as defined in clause 8 below, and the price thereafter will automatically revert to the undiscounted cost as referenced in the Order Form.

3.3 Unless otherwise stated in the Order Form, Pistachio has the right to increase the undiscounted cost referenced in the Order Form following the Initial Term – or, if automatically renewed, following the end of the last renewal period – based on the inflation rate published by the European Harmonised Index of Consumer Prices (HICP) for the twelve (12) month period immediately preceding the renewal date.

3.4 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

4.3 Pistachio ('Indemnifier') agrees to indemnify, defend, and hold harmless Customer ('Indemnitee') from and against any and all claims, demands, suits, actions, proceedings, losses, damages, costs, fees (including reasonable attorneys' fees), and expenses arising out of or relating to any allegation or claim that the use of the Pistachio Platform infringes or misappropriates any third-party intellectual property rights. This indemnification obligation is contingent upon the Indemnitee: (i) promptly notifying the Indemnifier in writing of any such claim; (ii) giving the Indemnifier sole control of the defense and any settlement negotiations; and (iii) cooperating and, at Indemnifier's request and expense, assisting in such defense.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for (i) general information and training purposes only (as for as for Pistachio Practice) and (ii) audit log processing for insider threat detection purposes only (as for Pistachio Practice). Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer acknowledge and agrees that Pistachio Presence is a detection tool which, by its nature, is subject to stringent legal regulation across jurisdictions. Customer assumes sole responsibility for its and Users’ use of Pistachio Presence, including informing its employees about the implementation and use of the tool (and the implications for employees engaged in insider-threat behavior), and for obtaining employee consent, in each case as required under applicable law. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio retains data as long as Pistachio has a need for its use, or to meet regulatory or contractual requirements. As for Pistachio Practice, Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. As for Pistachio Presence, Pistachio will retain Customer’s data for a period of sixty (60) days, except for any alert on a potential insider threat which is stored and made available to the Customer as a CSV file for as long as the Customer is using Pistachio Presence. After said points in time, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.4 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. PUBLICITY AND MARKETING

9.1 Customer grants Pistachio a non-exclusive, worldwide, royalty-free license to use Customer's name and logo solely for the purpose of identifying Customer as a user of Pistachio's services. This includes inclusion on Pistachio's website, in marketing materials, and in presentations. Pistachio agrees to use the Customer's name and logo in accordance with any brand guidelines provided by Customer.

9.2 Customer may revoke this permission at any time by providing written notice to Pistachio, after which Pistachio will remove Customer's name and logo from all marketing materials within fifteen (15) days of notice being sent.

10. GENERAL PROVISIONS

10.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

10.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

10.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Karvesvingen 7, 0579, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform ("Pistachio Platform") that facilitates (i) a range of cybersecurity awareness training and attack simulation services ("Pistachio Practice") and (ii) an insider threat detecting tool ("Pistachio Presence");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement, and which access is granted either to Pistachio Practice and/or Pistachio Presence depending on what product(s) the Customer subscribes for from time to time.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, audit logs, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 Unless otherwise stated in the Order Form, any applied discount shall be discontinued following the Initial Term as defined in clause 8 below, and the price thereafter will automatically revert to the undiscounted cost as referenced in the Order Form.

3.3 Unless otherwise stated in the Order Form, Pistachio has the right to increase the undiscounted cost referenced in the Order Form following the Initial Term – or, if automatically renewed, following the end of the last renewal period – based on the inflation rate published by the European Harmonised Index of Consumer Prices (HICP) for the twelve (12) month period immediately preceding the renewal date.

3.4 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

4.3 Pistachio ('Indemnifier') agrees to indemnify, defend, and hold harmless Customer ('Indemnitee') from and against any and all claims, demands, suits, actions, proceedings, losses, damages, costs, fees (including reasonable attorneys' fees), and expenses arising out of or relating to any allegation or claim that the use of the Pistachio Platform infringes or misappropriates any third-party intellectual property rights. This indemnification obligation is contingent upon the Indemnitee: (i) promptly notifying the Indemnifier in writing of any such claim; (ii) giving the Indemnifier sole control of the defense and any settlement negotiations; and (iii) cooperating and, at Indemnifier's request and expense, assisting in such defense.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for (i) general information and training purposes only (as for as for Pistachio Practice) and (ii) audit log processing for insider threat detection purposes only (as for Pistachio Practice). Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer acknowledge and agrees that Pistachio Presence is a detection tool which, by its nature, is subject to stringent legal regulation across jurisdictions. Customer assumes sole responsibility for its and Users’ use of Pistachio Presence, including informing its employees about the implementation and use of the tool (and the implications for employees engaged in insider-threat behavior), and for obtaining employee consent, in each case as required under applicable law. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio retains data as long as Pistachio has a need for its use, or to meet regulatory or contractual requirements. As for Pistachio Practice, Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. As for Pistachio Presence, Pistachio will retain Customer’s data for a period of sixty (60) days, except for any alert on a potential insider threat which is stored and made available to the Customer as a CSV file for as long as the Customer is using Pistachio Presence. After said points in time, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.4 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. PUBLICITY AND MARKETING

9.1 Customer grants Pistachio a non-exclusive, worldwide, royalty-free license to use Customer's name and logo solely for the purpose of identifying Customer as a user of Pistachio's services. This includes inclusion on Pistachio's website, in marketing materials, and in presentations. Pistachio agrees to use the Customer's name and logo in accordance with any brand guidelines provided by Customer.

9.2 Customer may revoke this permission at any time by providing written notice to Pistachio, after which Pistachio will remove Customer's name and logo from all marketing materials within fifteen (15) days of notice being sent.

10. GENERAL PROVISIONS

10.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

10.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

10.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Karvesvingen 7, 0579, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 Unless otherwise stated in the Order Form, any applied discount shall be discontinued following the Initial Term as defined in clause 8 below, and the price thereafter will automatically revert to the undiscounted cost as referenced in the Order Form.

3.3 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

4.3 Pistachio ('Indemnifier') agrees to indemnify, defend, and hold harmless Customer ('Indemnitee') from and against any and all claims, demands, suits, actions, proceedings, losses, damages, costs, fees (including reasonable attorneys' fees), and expenses arising out of or relating to any allegation or claim that the use of the Pistachio Platform infringes or misappropriates any third-party intellectual property rights. This indemnification obligation is contingent upon the Indemnitee: (i) promptly notifying the Indemnifier in writing of any such claim; (ii) giving the Indemnifier sole control of the defense and any settlement negotiations; and (iii) cooperating and, at Indemnifier's request and expense, assisting in such defense.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.4 Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.5 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. PUBLICITY AND MARKETING

9.1 Customer grants Pistachio a non-exclusive, worldwide, royalty-free license to use Customer's name and logo solely for the purpose of identifying Customer as a user of Pistachio's services. This includes inclusion on Pistachio's website, in marketing materials, and in presentations. Pistachio agrees to use the Customer's name and logo in accordance with any brand guidelines provided by Customer.

9.2 Customer may revoke this permission at any time by providing written notice to Pistachio, after which Pistachio will remove Customer's name and logo from all marketing materials within fifteen (15) days of notice being sent.

10. GENERAL PROVISIONS

10.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

10.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

10.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Karvesvingen 7, 0579, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 Unless otherwise stated in the Order Form, any applied discount shall be discontinued following the Initial Term as defined in clause 8 below, and the price thereafter will automatically revert to the undiscounted cost as referenced in the Order Form.

3.3 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

4.3 Pistachio ('Indemnifier') agrees to indemnify, defend, and hold harmless Customer ('Indemnitee') from and against any and all claims, demands, suits, actions, proceedings, losses, damages, costs, fees (including reasonable attorneys' fees), and expenses arising out of or relating to any allegation or claim that the use of the Pistachio Platform infringes or misappropriates any third-party intellectual property rights. This indemnification obligation is contingent upon the Indemnitee: (i) promptly notifying the Indemnifier in writing of any such claim; (ii) giving the Indemnifier sole control of the defense and any settlement negotiations; and (iii) cooperating and, at Indemnifier's request and expense, assisting in such defense.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.4 Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.5 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Karvesvingen 7, 0579, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

4.3 Pistachio ('Indemnifier') agrees to indemnify, defend, and hold harmless Customer ('Indemnitee') from and against any and all claims, demands, suits, actions, proceedings, losses, damages, costs, fees (including reasonable attorneys' fees), and expenses arising out of or relating to any allegation or claim that the use of the Pistachio Platform infringes or misappropriates any third-party intellectual property rights. This indemnification obligation is contingent upon the Indemnitee: (i) promptly notifying the Indemnifier in writing of any such claim; (ii) giving the Indemnifier sole control of the defense and any settlement negotiations; and (iii) cooperating and, at Indemnifier's request and expense, assisting in such defense.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.4 Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.5 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Karvesvingen 7, 0579, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.4 Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.5 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Møllergata 23, 0179, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.4 Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.5 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Møllergata 23, 0179, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Both Pistachio and Customer's individual maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio or Customer’s individual maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.4 Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.5 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Møllergata 23, 0179, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform. Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss of business opportunity, goodwill and/or reputation; or (iv) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the amount Customer paid to Pistachio in the previous twelve (12) month period. In no case shall Pistachio’s maximum aggregate liability exceed 100,000 NOK.

6.4 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.4 Pistachio will retain Customer's data for a period of twelve (12) months after the termination of these Terms. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.5 Either Pistachio or Customer may terminate this Agreement at any time upon reasonable belief that the other Party has materially breached any provision of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company provided that such a transfer is done in connection with a reorganization, merger, or sale of all or substantially all of such Pistachio's assets. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Møllergata 23, 0179, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform and is not responsible for the information contained in any Third Party Content. Pistachio does not (i) initiate the transmission of Third Party Content; (ii) select the receiver of any transmitted Third Party Content; or (iii) select or modify the information contained in any Third Party Content (other than technical manipulations which take place in the course of the transmission of the Third Party Content and which does not alter the integrity of the information contained in the Third Party Content).

4.3 Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors. Customer shall indemnify and defend Pistachio AS from and against any claims, costs, damages, losses, liabilities and expenses (including legal fees) relating to any claims, actions, suits or proceedings by third parties against Pistachio AS arising out of or related in any way to Customer’s use of Third Party Content.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Pistachio shall have no liability for any loss of user information stored on the Pistachio Platform and advises Customer to back-up or keep additional copies of this information. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or customary law are excluded to the maximum extent permitted by local statutory law.

6.4 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss or corruption of data or information; (iv) loss of business opportunity, goodwill and/or reputation; or (v) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the maximum amount Customer paid to Pistachio in any given three (3) month period. In no case shall Pistachio’s maximum aggregate liability exceed 10,000 NOK.

6.5 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 Save for in relation to clause 8.2 (as applicable), the duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term ("Renewal Period"), unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period during which these Terms were automatically renewed (collectively, the "Duration").

8.2 In the event that the Initial Term or Renewal Period (or both) are defined in the Order Form, the periods stated in the Order Form will take priority over and supersede the periods stated in clause 8.1 above.

8.3 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.4 Pistachio will retain Customer's data for a period of twelve (12) months after the end of the Enrolment Term. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.5 Pistachio may terminate this Agreement at any time if Pistachio reasonably believes that Customer have breached any term of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Møllergata 23, 0179, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform and is not responsible for the information contained in any Third Party Content. Pistachio does not (i) initiate the transmission of Third Party Content; (ii) select the receiver of any transmitted Third Party Content; or (iii) select or modify the information contained in any Third Party Content (other than technical manipulations which take place in the course of the transmission of the Third Party Content and which does not alter the integrity of the information contained in the Third Party Content).

4.3 Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors. Customer shall indemnify and defend Pistachio AS from and against any claims, costs, damages, losses, liabilities and expenses (including legal fees) relating to any claims, actions, suits or proceedings by third parties against Pistachio AS arising out of or related in any way to Customer’s use of Third Party Content.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Pistachio shall have no liability for any loss of user information stored on the Pistachio Platform and advises Customer to back-up or keep additional copies of this information. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or customary law are excluded to the maximum extent permitted by local statutory law.

6.4 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss or corruption of data or information; (iv) loss of business opportunity, goodwill and/or reputation; or (v) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the maximum amount Customer paid to Pistachio in any given three (3) month period. In no case shall Pistachio’s maximum aggregate liability exceed 10,000 NOK.

6.5 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 The duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), unless stated otherwise in the Order Form, and will thereafter on a continuing basis be automatically renewed for a period equal to the Initial Term, unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period with which these Terms was automatically renewed (collectively, the "Duration").

8.2 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.3 Pistachio will retain Customer's data for a period of twelve (12) months after the end of the Enrolment Term. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.4 Pistachio may terminate this Agreement at any time if Pistachio reasonably believes that Customer have breached any term of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Møllergata 23, 0179, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform.

"Effective Date" means the "Agreement Start Date" as specified in the Order Form.

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within fourteen (14) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform and is not responsible for the information contained in any Third Party Content. Pistachio does not (i) initiate the transmission of Third Party Content; (ii) select the receiver of any transmitted Third Party Content; or (iii) select or modify the information contained in any Third Party Content (other than technical manipulations which take place in the course of the transmission of the Third Party Content and which does not alter the integrity of the information contained in the Third Party Content).

4.3 Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors. Customer shall indemnify and defend Pistachio AS from and against any claims, costs, damages, losses, liabilities and expenses (including legal fees) relating to any claims, actions, suits or proceedings by third parties against Pistachio AS arising out of or related in any way to Customer’s use of Third Party Content.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Pistachio shall have no liability for any loss of user information stored on the Pistachio Platform and advises Customer to back-up or keep additional copies of this information. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or customary law are excluded to the maximum extent permitted by local statutory law.

6.4 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss or corruption of data or information; (iv) loss of business opportunity, goodwill and/or reputation; or (v) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the maximum amount Customer paid to Pistachio in any given three (3) month period. In no case shall Pistachio’s maximum aggregate liability exceed 10,000 NOK.

6.5 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 The duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period of one (1) year each, unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period with which these Terms was automatically renewed (collectively, the "Duration").

8.2 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.3 Pistachio will retain Customer's data for a period of twelve (12) months after the end of the Enrolment Term. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.4 Pistachio may terminate this Agreement at any time if Pistachio reasonably believes that Customer have breached any term of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Møllergata 23, 0179, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform;

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within thirty (30) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform and is not responsible for the information contained in any Third Party Content. Pistachio does not (i) initiate the transmission of Third Party Content; (ii) select the receiver of any transmitted Third Party Content; or (iii) select or modify the information contained in any Third Party Content (other than technical manipulations which take place in the course of the transmission of the Third Party Content and which does not alter the integrity of the information contained in the Third Party Content).

4.3 Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors. Customer shall indemnify and defend Pistachio AS from and against any claims, costs, damages, losses, liabilities and expenses (including legal fees) relating to any claims, actions, suits or proceedings by third parties against Pistachio AS arising out of or related in any way to Customer’s use of Third Party Content.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Pistachio shall have no liability for any loss of user information stored on the Pistachio Platform and advises Customer to back-up or keep additional copies of this information. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or customary law are excluded to the maximum extent permitted by local statutory law.

6.4 Both Pistachio and Customer shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss or corruption of data or information; (iv) loss of business opportunity, goodwill and/or reputation; or (v) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio’s maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the maximum amount Customer paid to Pistachio in any given three (3) month period. In no case shall Pistachio’s maximum aggregate liability exceed 10,000 NOK.

6.5 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 The duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period of one (1) year each, unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period with which these Terms was automatically renewed (collectively, the "Duration").

8.2 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.3 Pistachio will retain Customer's data for a period of twelve (12) months after the end of the Enrolment Term. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.4 Pistachio may terminate this Agreement at any time if Pistachio reasonably believes that Customer have breached any term of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.

THIS TERMS OF SERVICE AGREEMENT ("Terms") is made between:

Pistachio AS, a company registered in Norway, under company number 929 575 717, whose registered office is at Møllergata 23, 0179, Oslo ("Pistachio"); and

The company purchasing the services of Pistachio AS as set out in the Order Form (“Customer”).

(Pistachio and Customer may each be referred to as a "Party" and collectively the "Parties".)

WHEREAS:

Pistachio AS offers an online platform that facilitates a range of cybersecurity awareness training and attack simulation services ("Pistachio Platform");

Pistachio grants Customer access to the Pistachio Platform (including any new versions of the Pistachio Platform, which are made available by Pistachio from time to time) in accordance with the terms and conditions set out in this Agreement.

THEREFORE, in consideration of the premises and the mutual covenants contained in these Terms, the parties agree as follows:

1. INTERPRETATION

1.1 In addition to other terms that may be defined elsewhere in these Terms, the following expressions shall have the meanings set forth in the tables below:

“Confidential Information” means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential. Confidential Information includes this Agreement, any materials and content made available in the Pistachio Platform and any Third Party Content (other than anonymised or aggregated derivatives of Third Party Content), excluding any information which (i) is or becomes publicly known other than through a breach of this Agreement or other obligation of confidentiality; (ii) was in the receiving Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the receiving Party and that independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.

"Order Form" means the description of purchase set out in coordination with Pistachio.

"Third Party Content" means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any of which is accessed by Customer’s use of the Pistachio Platform.

"Users" means the person(s) within Customer's organisation who is registered and authorized to use the Pistachio Platform;

2. USE OF THE PISTACHIO PLATFORM

2.1 Pistachio hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Pistachio Platform in accordance with these Terms and the information made available within the Pistachio Platform.

2.2 Pistachio shall use its best efforts to ensure (i) that the Pistachio Platform shall be uninterrupted or error-free; (ii) that major defects will be corrected; (iii) that there are no viruses or other harmful components; and (iv) that the security methods employed shall be sufficient.

2.3 Customer acknowledges and agrees that Pistachio without liability may (i) modify, suspend or discontinue any part of the Pistachio Platform or otherwise make any changes it considers desirable to the Pistachio Platform; and (ii) collect and use Customer's user data from which any natural person cannot, directly or indirectly, be identified, for benchmarking, commercial, statistical, analytical and/or marketing purposes.

2.4 Except as expressly set out in these Terms, neither Customer nor Users may attempt, permit or enable others to: (i) Sell, lease, rent, copy, and/or provide access to the Pistachio Platform to any third party; (ii) violate any applicable laws or regulations while using the Pistachio Platform or upload, make available and/or share any information which violates the rights of third parties, including but not limited to, any Intellectual Property Rights or the privacy rights of third parties, or contains any false, fraudulent, illegal, harmful and/or defamatory material; (iii) scan and/or test the vulnerability of the Pistachio Platform or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Pistachio Platform; (iv) reverse engineer or otherwise use the Pistachio Platform in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of the Pistachio Platform; or (v) remove any proprietary notices attached to the Pistachio Platform and any associated materials and content.

3. FEES

3.1 All prices are set out in the Order Form. Payment shall be made within thirty (30) calendar days of the invoice date.

3.2 If Customer fails to make payment by the agreed time, Pistachio is entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).

4. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY CONTENT

4.1 Customer acknowledges and agrees that all Intellectual Property Rights related to the Pistachio Platform is under the sole and exclusive ownership of Pistachio AS and its licensors, and that nothing in these Terms transfer or grant any rights in any Intellectual Property Rights related to the Pistachio Platform, other than the limited right to access and use the Pistachio Platform or any associated materials and content in accordance with these Terms.

4.2 Pistachio may host Third Party Content that is accessed by Customer's use of the Pistachio Platform and is not responsible for the information contained in any Third Party Content. Pistachio does not (i) initiate the transmission of Third Party Content; (ii) select the receiver of any transmitted Third Party Content; or (iii) select or modify the information contained in any Third Party Content (other than technical manipulations which take place in the course of the transmission of the Third Party Content and which does not alter the integrity of the information contained in the Third Party Content).

4.3 Any Intellectual Property Rights in the Third Party Content shall remain with its owners or licensors. Customer shall indemnify and defend Pistachio AS from and against any claims, costs, damages, losses, liabilities and expenses (including legal fees) relating to any claims, actions, suits or proceedings by third parties against Pistachio AS arising out of or related in any way to either Party’s use of Third Party Content in accordance with these Terms.

5. CONFIDENTIALITY

5.1 Each Party shall hold the other’s Confidential Information in confidence and not make such Confidential Information available to any third party, unless agreed in writing by the disclosing Party. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of these Terms.

5.2 Each party shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of these Terms.

5.3 This clause 5 shall survive termination of these Terms for a period of five (5) years.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Customer assumes sole responsibility for its and Users' use of the Pistachio Platform and for the results of, or conclusions drawn from, such use. Customer acknowledge and agrees that the Pistachio Platform is provided for general information and training purposes only. Customer must obtain professional or specialist advice before taking, or refraining from taking, any action based on information obtained through the Pistachio Platform. Customer is solely responsible for ensuring that it has sufficient and compatible hardware, software and internet connectivity necessary for use of the Pistachio Platform.

6.2 The Pistachio Platform is provided "as is" and "as available". Pistachio disclaims all warranties, representations and conditions, express or implied, including, but not limited to, warranties as to the Pistachio Platform and associated materials and content's correctness, accuracy, reliability, quality and fitness for a particular purpose. Customer acknowledges that the Pistachio Platform has not been developed to meet Customer's individual requirements or needs and that it is Customer's responsibility to ensure that the Pistachio Platform meets its requirements and needs.

6.3 Pistachio shall have no liability for any loss of user information stored on the Pistachio Platform and advises Customer to back-up or keep additional copies of this information. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or customary law are excluded to the maximum extent permitted by local statutory law.

6.4 Pistachio shall in no event be liable for any (i) loss of profits, sales or business; (ii) business interruption; (iii) loss or corruption of data or information; (iv) loss of business opportunity, goodwill and/or reputation; or (v) any other special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement. Pistachio's maximum aggregate liability under or in connection with this Agreement shall be limited to a sum equal to the maximum amount Customer paid to Pistachio in any given three (3) month period. In no case shall Pistachio’s maximum aggregate liability exceed 10,000 NOK.

6.5 The above limitations of liability shall apply to the maximum extent permitted by local statutory law.

7. DATA PROTECTION

7.1 Save for in relation to clause 7.2 (as applicable), the Parties intend that Pistachio only processes personal data under these Terms as a processor acting on behalf of Customer as the controller in accordance with Pistachio’s privacy policy.

7.2 Pistachio shall act as a controller and shall collect and otherwise process personal data for purposes related to the delivery of the Pistachio Platform, including but not limited to billing, statistics, security and legal claims and obligations. For further detail on rights and how Pistachio processes personal data as a controller, please refer to Pistachio’s privacy policy.

7.3 Pistachio shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by Customer, or any accidental loss, destruction or damage of such data.

8. TERM AND TERMINATION

8.1 The duration of these Terms shall be one (1) year as of the Effective Date ("Initial Term"), and will thereafter on a continuing basis be automatically renewed for a period of one (1) year each, unless terminated by either Party upon three (3) months' written notice prior to the end of the Initial Term or, if automatically renewed, the end of the last renewal period with which these Terms was automatically renewed (collectively, the "Duration").

8.2 Pistachio shall not increase the price Customer pays under these Terms unless specified in the Order Form.

8.3 Pistachio will retain Customer's data for a period of twelve (12) months after the end of the Enrolment Term. After this point, the information stored on Customer's Pistachio Platform account (including course information, goals and progress) will be permanently deleted.

8.4 Pistachio may terminate this Agreement at any time if Pistachio reasonably believes that Customer have breached any term of this Agreement.

9. GENERAL PROVISIONS

9.1 Pistachio may transfer its rights and obligations under this Agreement to another company. This will not affect Customer's rights or Pistachio's obligations under this Agreement. Customer may only transfer its rights and obligations under this Agreement to another person, company or legal entity if Pistachio agrees in writing.

9.2 If any provision (or part of a provision) of these Terms are found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.

9.3 These Terms shall be governed by, and construed in accordance with, the laws of Norway and the parties irrevocably submit to the exclusive jurisdiction of the Norwegian Courts.