This Whole Battery Catalog Customer Agreement sets out the terms and conditions on which Whole Battery Catalog Limited, previously F Stack Limited, trading as Whole Battery Catalog, whose registered office is at Exmouth House Unit 120, 3-11 Pine Street, London EC1R 0JH United Kingdom ("We", "Us" or "Whole Battery Catalog") licenses its CRM tools and API services (together the "Whole Battery Catalog Services") to You (as defined below).

THIS WHOLE BATTERY CATALOG CUSTOMER AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE WHICH REQUIRES THAT, WHERE YOU ARE A US CUSTOMER, YOU AND ATTIO ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT, AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN CLAUSE 18.8 OF THIS ATTIO CUSTOMER AGREEMENT.

By accepting the Whole Battery Catalog Customer Agreement, either by signing up to receive the Whole Battery Catalog Services online, by separate contract between You and Us or by starting to use or authorizing any User (as defined below) to access or use any of the Whole Battery Catalog Services, or by otherwise indicating your acceptance of the Whole Battery Catalog Customer Agreement, including by way of a Free Trial (as defined below), You:

• agree and understand that, from the Effective Date (as defined below), a legally binding contract will exist between the You and Us for the Whole Battery Catalog Services which will be governed by terms of this Whole Battery Catalog Customer Agreement;
• warrant and represent that where You are entering into the Whole Battery Catalog Customer Agreement on behalf of another legal entity such as a company or organization ("Entity"), You are agreeing and entering on behalf of that Entity and You are authorized to bind that Entity to this Whole Battery Catalog Customer Agreement, and any reference to "You" and "Your" shall additionally mean that Entity;
• warrant and represent that You will use the Whole Battery Catalog Services strictly for business purposes and not in a capacity as a consumer, and that Whole Battery Catalog will not be responsible or liable for any non-business use of the Whole Battery Catalog Services by You or Your Users; and
• procure that Your Users will comply with the terms of this Whole Battery Catalog Customer Agreement, the Acceptable Use Policy, and agree that You will remain responsible for such Users' compliance.

We may modify the terms of the Whole Battery Catalog Customer Agreement from time to time by updating the terms and conditions on the website or by direct written notice to You. If a modification is material, as reasonably determined by Whole Battery Catalog in its sole discretion, then We will make commercially reasonable efforts to notify You of the change. Continued use of Whole Battery Catalog Services will constitute acceptance of the new Whole Battery Catalog Customer Agreement. If You do not agree with the updated terms of the Whole Battery Catalog Customer Agreement, You must immediately stop using Whole Battery Catalog Services and ensure Your Users also stop using Whole Battery Catalog Services.

1. Definitions

The following words and expressions will have the following meanings:

• "App Marketplace" means an online repository of applications that is owned and controlled by Whole Battery Catalog or which has been approved by Whole Battery Catalog as suitable for publishing an Integration App which has been approved by Whole Battery Catalog for publication;
• "Approved Developer" means a party that has been approved by Whole Battery Catalog to enter into the Developer Program;
• "App Terms" means any terms of use for an Integration App an App User is required to agree to before the App User is given access to use the Integration App and which must at a minimum contain provisions at least as restrictive as those set out in Clause 5.3 of this Whole Battery Catalog Customer Agreement;
• "App User" means a User using the Integration App to transfer its data between Whole Battery Catalog and a Third Party Platform;
• "Whole Battery Catalog API" means the application programming interface developed and enabled by Whole Battery Catalog that permits You and Your Users to access and use certain functionality provided by the Whole Battery Catalog Services subject to this Whole Battery Catalog Customer Agreement and the Documentation;
• "Whole Battery Catalog Applications" means Whole Battery Catalog's web application and/or mobile applications through which the Whole Battery Catalog Services are provided, including any software contained therein;
• "Whole Battery Catalog Content" means all data, information and material owned by or licensed to Whole Battery Catalog and comprised within the Whole Battery Catalog Services and on the Whole Battery Catalog Applications, but excluding Customer Data;
• "Whole Battery Catalog Services" means the CRM tools and services made available via the Whole Battery Catalog Applications, including AI-enabled workflows, access to the Whole Battery Catalog API if applicable and any related materials provided by Whole Battery Catalog for Your use as part of the Whole Battery Catalog Services as provided in any Documentation;
• "Confidential Information" means all information (however recorded or preserved) disclosed by a party, whether before or after the Effective Date including any information which is marked as confidential or has otherwise been indicated as being confidential, or (i) information relates to the business, affairs, customers, clients, licensors, suppliers, new products, plans, research, intentions, or market opportunities of the disclosing party (or of any member of the group of companies to which the disclosing party belongs); and (ii) information relating to the operations, processes, product information, ideas, formulas, source code, data, Intellectual Property Rights or software of the disclosing party (or of any member of the group of companies to which the disclosing party belongs or in relation to Whole Battery Catalog, any of its third party licensors;
• "Customer" means a sole trader, corporate entity or organization, other than an Approved Developer, that enters the Whole Battery Catalog Customer Agreement with Whole Battery Catalog;
• "Customer Data" means all data, information and material that You and/or Your Users input or upload to the Whole Battery Catalog Services or transmit through the Whole Battery Catalog Services and/or any Integration App, including Personal Data. For the avoidance of doubt, Customer Data shall include any data, information and material received from a third party which is shared with Whole Battery Catalog by means of an Integration App;
• "Data Protection Legislation" means the EU GDPR, European Directive 2002/58/EC, the UK DPA 2018, the CCPA and any other legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them, and all other applicable laws relating to processing of Personal Data and privacy that may exist in any relevant jurisdiction;
• "Developer Program" means an application development program that is provided by Whole Battery Catalog under which it provides an Approved Developer some or all of the Whole Battery Catalog Services, subject to the restrictions and limitations as set out in this Whole Battery Catalog Customer Agreement, within which the Developer may develop an Integration App;
• "Effective Date" means the date on which You gain access to and start using the Whole Battery Catalog Services and/or accept this Whole Battery Catalog Customer Agreement, including under any Free Trial or the Developer Program, upon which date the terms of this Whole Battery Catalog Customer Agreement shall apply;
• "Free Trial" means a potentially limited period during which Whole Battery Catalog may offer some or all of the Whole Battery Catalog Services free of any Fees and subject to usage restrictions, as determined by Whole Battery Catalog in its sole discretion. On expiry of the Free Trial, You will be liable for all Fees set out in the chosen Plan. In the absence of an expiry date of a Free Trial, You may continue to receive some or all of the Whole Battery Catalog Services until such time as Whole Battery Catalog (in its sole discretion) requires You to upgrade to a paid-for Plan or removes, suspends or terminates Your access to the Whole Battery Catalog Services, for any reason and without notice;

2. Provision of Whole Battery Catalog Services

The following words and expressions will have the following meanings:

• "App Marketplace" means an online repository of applications that is owned and controlled by Whole Battery Catalog or which has been approved by Whole Battery Catalog as suitable for publishing an Integration App which has been approved by Whole Battery Catalog for publication;
• "Approved Developer" means a party that has been approved by Whole Battery Catalog to enter into the Developer Program;
• "App Terms" means any terms of use for an Integration App an App User is required to agree to before the App User is given access to use the Integration App and which must at a minimum contain provisions at least as restrictive as those set out in Clause 5.3 of this Whole Battery Catalog Customer Agreement;
• "App User" means a User using the Integration App to transfer its data between Whole Battery Catalog and a Third Party Platform;
• "Whole Battery Catalog API" means the application programming interface developed and enabled by Whole Battery Catalog that permits You and Your Users to access and use certain functionality provided by the Whole Battery Catalog Services subject to this Whole Battery Catalog Customer Agreement and the Documentation;
• "Whole Battery Catalog Applications" means Whole Battery Catalog's web application and/or mobile applications through which the Whole Battery Catalog Services are provided, including any software contained therein;
• "Whole Battery Catalog Content" means all data, information and material owned by or licensed to Whole Battery Catalog and comprised within the Whole Battery Catalog Services and on the Whole Battery Catalog Applications, but excluding Customer Data;
• "Whole Battery Catalog Services" means the CRM tools and services made available via the Whole Battery Catalog Applications, including AI-enabled workflows, access to the Whole Battery Catalog API if applicable and any related materials provided by Whole Battery Catalog for Your use as part of the Whole Battery Catalog Services as provided in any Documentation;
• "Confidential Information" means all information (however recorded or preserved) disclosed by a party, whether before or after the Effective Date including any information which is marked as confidential or has otherwise been indicated as being confidential, or (i) information relates to the business, affairs, customers, clients, licensors, suppliers, new products, plans, research, intentions, or market opportunities of the disclosing party (or of any member of the group of companies to which the disclosing party belongs); and (ii) information relating to the operations, processes, product information, ideas, formulas, source code, data, Intellectual Property Rights or software of the disclosing party (or of any member of the group of companies to which the disclosing party belongs or in relation to Whole Battery Catalog, any of its third party licensors;
• "Customer" means a sole trader, corporate entity or organization, other than an Approved Developer, that enters the Whole Battery Catalog Customer Agreement with Whole Battery Catalog;
• "Customer Data" means all data, information and material that You and/or Your Users input or upload to the Whole Battery Catalog Services or transmit through the Whole Battery Catalog Services and/or any Integration App, including Personal Data. For the avoidance of doubt, Customer Data shall include any data, information and material received from a third party which is shared with Whole Battery Catalog by means of an Integration App;
• "Data Protection Legislation" means the EU GDPR, European Directive 2002/58/EC, the UK DPA 2018, the CCPA and any other legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them, and all other applicable laws relating to processing of Personal Data and privacy that may exist in any relevant jurisdiction;
• "Developer Program" means an application development program that is provided by Whole Battery Catalog under which it provides an Approved Developer some or all of the Whole Battery Catalog Services, subject to the restrictions and limitations as set out in this Whole Battery Catalog Customer Agreement, within which the Developer may develop an Integration App;
• "Effective Date" means the date on which You gain access to and start using the Whole Battery Catalog Services and/or accept this Whole Battery Catalog Customer Agreement, including under any Free Trial or the Developer Program, upon which date the terms of this Whole Battery Catalog Customer Agreement shall apply;
• "Free Trial" means a potentially limited period during which Whole Battery Catalog may offer some or all of the Whole Battery Catalog Services free of any Fees and subject to usage restrictions, as determined by Whole Battery Catalog in its sole discretion. On expiry of the Free Trial, You will be liable for all Fees set out in the chosen Plan. In the absence of an expiry date of a Free Trial, You may continue to receive some or all of the Whole Battery Catalog Services until such time as Whole Battery Catalog (in its sole discretion) requires You to upgrade to a paid-for Plan or removes, suspends or terminates Your access to the Whole Battery Catalog Services, for any reason and without notice;