TERMS AND CONDITIONS

General conditions for deliveries and services

The

Foodforecast Technologies GmbH

Pilgrimstraße 6

50674 Cologne

(hereinafter referred to as “FoodForecast”)

§ 1 Scope and framework conditions of Foodforecast's activities

(1) These terms and conditions for deliveries and services (hereinafter referred to as “conditions” or also “agreement”) apply to all — including future — contracts for deliveries and services between Foodforecast and the client, without Foodforecast having to refer to the conditions again in each individual case. The conditions only apply if the client is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. Conflicting or deviating terms and conditions of the client do not oblige Foodforecast, unless Foodforecast expressly agrees to their validity in writing. This consent requirement applies in any case, for example even if the client refers to its general terms and conditions as part of the order, a confirmation letter or in any other way and Foodforecast does not expressly agree to this; the unconditional provision of deliveries or services by Foodforecast does not constitute consent.

(2) Foodforecast provides customers with a cloud-based AI solution via a remote data connection, with which customers in the food sector can, among other things, optimize orders and product production through daily and underground sales planning (“cloud services”). The range of functions and functional requirements of cloud services are available at https://foodforecast.com/cloud-spezifikation/ described (“cloud specifications”)

(3) Foodforecast may also use third parties to perform its tasks. However, Foodforecast remains responsible for the proper fulfilment of the contractual obligations towards the client.

§ 2 Conclusion of contract; duration; termination; change of conditions

(1) Unless otherwise stated in writing in the offer, Foodforecast is bound to its offers for 30 days from the date of the offer. The offer can be accepted when the delivery/service is ordered by the client.

(2) After conclusion of the contract, Foodforecast grants the client the use of cloud services via access through an internet-enabled device or customer system (in accordance with the cloud specifications) and grants the client a non-exclusive, non-transferable, limited right to use these cloud services for the client's internal business purposes during the respective contract period. The client may not (i) resell, transfer, sublicense, publish, lend or rent the cloud services for the benefit of third parties or make available to a third party for their purposes in return or free of charge to a third party for their purposes, (ii) modify, modify or create derivative works from the cloud services, (iii) reverse engineer, disassemble, decompile or otherwise attempt the source code of the cloud services, the source code of the cloud to identify services, which does not affect the legal rights under Sections 69d, 69 e UrhG. Unless otherwise agreed, Foodforecast does not owe any adjustment to the client's individual needs or IT environment. Any use of cloud services that deviates from the terms of the contract is prohibited. In particular, the client is not entitled to manipulate the cloud services in such a way that they perform tasks other than those provided for under the contract or the client receives information that is not required for the relevant intended use of the cloud services.

(3) The parties agree on the initial term of the contract upon conclusion of the contract. If nothing is specified in the offer, the contract is automatically extended by the duration of the initial term if it is not terminated by one of the parties no later than three (3) months before the end of the initial term or the subsequent extension period. In the case of a contract termination period of one (1) month, the notice period is four (4) weeks to the end of the month.

(4) Foodforecst may, without being obliged to do so, update or further develop cloud services at any time and adapt them in particular as a result of changes in legal situation, technical developments or to improve IT security. Foodforecast will take appropriate account of the client's legitimate interests and inform the client in good time about necessary updates. In the event of a significant impairment of the client's legitimate interests, the client has a special right of termination.

(5) If the client or a user violates the terms of use set out in these terms or otherwise agreed upon, Foodforecast may block access to the cloud services in whole or in part to the extent necessary until use in accordance with the contract is expected again.

(6) The right of both parties to extraordinary termination for good cause remains unaffected.

(7) Foodforecast may terminate the contract with immediate effect if the client is more than 60 days in arrears with an agreed payment or continues to culpably violate his obligations under the contractual relationship despite a written warning and after expiry of a reasonable period of time set with the warning.

(8) The client is only entitled to terminate due to a breach of contractual obligation by Foodforecast if Foodforecast has culpably failed to comply with its contractual obligations despite two written warnings and after expiry of a reasonable period of time set with the respective warning.

(9) Any termination must be made in writing.

(10) If the contract ends, the client's right to use the cloud services ends and the client will stop using the cloud services and sending data to the cloud services, and — if applicable — block and delete the connection granted to Foodforecast to provide the service to the client's inventory management system and uninstall the data logger installed for this purpose. Foodforecast is entitled to block and delete the client's access to cloud services, data transmission from the client to the cloud services and any connection granted to Foodforecast to the client's inventory management system and — insofar as Foodforecast is possible — to block and delete the data logger used by the client for this purpose.

(11) Amendments to these terms and conditions will be offered to the client in text form no later than two months before the proposed effective date. At the same time as the offer, the contractor may give ordinary termination of the contract resulting in the acceptance of the offer by the client. The client can accept the changes in text form. If the client does not accept the changes, the original agreement remains the same. Until the end of the contract, the client can conclude a contract in text form at any time under the currently applicable conditions.

§ 3 Scope of Foodforecast's services

(1) During the contract period, Foodforecast owes the client only the provision of those deliveries and services that have become the subject matter of the contract. Any future features or functions of cloud services are not the subject of the contract.

(2) The cloud services provided by Foodforecast analyse the data provided by the client and create forecasts for the client on the basis of this analysis (hereinafter referred to as “forecasts”). Foodforecast transmits the generated forecasts directly to the client's inventory management system or via another channel.

(3) Foodforecast points out that the client must ensure that the cloud services were trained on the basis of a large amount of data which should be representative of the desired uses. However, depending on the data material used, the type of training and the configuration of the AI model underlying the cloud services, there may be a bias in the forecast. For AI systems, such as the one used in this contract, distortions cannot be completely avoided for technical and evaluative reasons. In exceptional cases, an AI system may deliver inadequate results, for example because incorrect probabilities or weightings were used as a basis in the AI model. It is therefore in the client's and users' own interest to check the plausibility of the forecasts generated by AI systems.

(4) Foodforecast processes and evaluates the data provided to it by the client. To carry out this analysis and data processing, the client hereby grants Foodforecast the necessary rights to use the transmitted data. Foodforecast and its subcontractors are entitled to provide information, statistics and measurement data about the use, operation, support and maintenance of cloud services or provided data (collectively “system information”) to collect and derive system information to support, maintain, monitor, operate, develop, improve and train cloud services, their products and services as well as AI models and AI systems and to enforce their rights even after the end of the contract, and to aggregate, combine and combine with other data and information. This requires that the system information, once derived, cannot easily be identified as derived directly from the client's data (or can easily be reversed in such a way that it is identified in this way). To the extent described above, the client grants Foodforecast a free right of use that is unlimited in time, space and content, which Foodforecast accepts.

(5) Foodforecast has no control over the client's processes or the creation, validation, sale or use of the client's (or a client's customer)'s products or services.

(6) Foodforecast has no control and no influence on the data provided by the client.

(7) The cloud services are made available for use by Foodforecast at the transfer point (interface of the data network operated by Foodforecast to other networks). Foodforecast is not responsible for establishing and maintaining the data connection between the client's IT system and the transfer point operated by Foodforecast. Foodforecast guarantees a total availability of 99% of cloud services at the handover point in the calendar year. Availability means the client's ability to use all main functions of cloud services. Maintenance periods of up to 5 hours in a calendar month are considered to be periods of availability of cloud services. Foodforecast's measurement tools in the data center are decisive for proving availability. If the total availability falls short, the client is entitled to reduce the fee owed in accordance with the extent of the shortfall; any other legal claims made by the client against Foodforecast remain unaffected.

§ 4 Client's obligations to cooperate

(1) The client is responsible for ensuring that Foodforecast is provided with all information, data and documents necessary for the provision of services in accordance with the cloud specification (hereinafter referred to as “data”) unsolicited, timely and free of charge for Foodforecast.

(2) The client will inform Foodforecast of all processes and circumstances that are directly or indirectly relevant to the provision of services by Foodforecast. This also applies to processes and circumstances that only become known during the contract.

(3) The client will report any suspicious behavior of cloud services to Foodforecast. In particular, distortions in forecasts and other false, misleading or inappropriate information provided by cloud services are noticeable.

(4) The client will immediately answer all inquiries from Foodforecast which, in Foodforecast's opinion, are beneficial to the provision of services. In particular, at the start of the project, but no later than three months after signing the contract, the client will provide the historical data required by Foodforecast with the content, format and scope specified by Foodforecast via the communication channel specified by Foodforecast.

(5) The client guarantees that Foodforecast has the access to its inventory management system necessary to provide the service and that the data provided by it can be read out electronically and automatically.

(6) The client undertakes to establish a data connection between the terminal devices intended for use by him and the data transfer point defined by Foodforecast. Foodforecast is entitled to redefine the data transfer point if this is necessary to enable the client to make smooth use of the services.

(7) If and to the extent that the client acts as a franchisor within a franchise system, the use of cloud services for the client's internal business purposes also includes use by the client in relation to its franchisees. This requires that the client submits all necessary declarations to Foodforecast and acts of cooperation to enable direct cooperation between Foodforecast and franchisees.

(8) The client will comply with the regulations in accordance with Appendix 1 and ensure that all users of cloud services also comply with them.

(9) The client will comply with the information under § 3 (3) and inform users of the cloud services accordingly.

(10) The client shall take the measures prescribed under Article 4 KI Regulation to the best of its ability to ensure that users have a sufficient level of AI competence. Their technical knowledge, experience, education and training, and the context in which the system is to be used must be taken into account.

(11) The client is responsible for assessing the suitability of the cloud services for the client's intended use and selecting the offer that is suitable for its intended use.

(12) The client will obtain, at its own expense, all rights, consents and approvals from providers of software and services that are used by the client in connection with the cloud services and are necessary for such use.

§ 5 Prices; terms of payment

(1) The client owes Foodforecast the contractually agreed remuneration plus statutory value added tax for the services owed under the contract and these conditions. The contractor may adjust the remuneration at reasonable discretion (Section 315 (3) BGB) by notifying the client with receipt no later than six weeks before the end of a contract year with effect for the following contract years.

(2) Unless otherwise agreed, the calculation of the fee is based, among other things, on every separate spatial unit of the client, such as in particular a branch, a location (“branch”), (i) which has used the cloud services in any case once during the contract period on ten (10) days in a calendar month, and/or (ii) for which, using the cloud services, once in the contract period for ten (10) days in a calendar month, Forecast was made. Starting from the calendar month in which a branch meets the above requirements, this will be the basis for billing in all calendar months of the remaining contract period. The billing modalities (monthly, quarterly, half-yearly or yearly) are based on the respective offer. Foodforecast will send the client an invoice in accordance with the sales tax regulations. At the start of the contract, the client grants Foodforecast a corresponding SEPA direct debit mandate to collect the remuneration due in each case. The client is in default no later than 10 days after the due date of the claim, without the need for a reminder. If the payment deadline is exceeded, at the latest from the onset of default, Foodforecast is entitled to charge interest of 9 percentage points above the respective base interest rate. We reserve the right to claim further damage caused by delay.

(3) If, after conclusion of the contract, it becomes apparent (e.g. through an application to open insolvency proceedings) that Foodforecast's payment claim is jeopardized by the client's lack of performance, Foodforecast is entitled to refuse performance and — if necessary after setting a deadline — to withdraw from the contract (Section 321 BGB). If the client falls behind on payment for 3 (three) or more consecutive months, Foodforecast is entitled to temporarily interrupt the retrieval of the analysis results from the server. Foodforecast will immediately notify the client of the suspension, giving reasons, and request that the accrued payment arrears be settled immediately. The suspension will be lifted as soon as the arrears have been settled and the client has notified Foodforecast of this in writing upon presentation of suitable documents. The client can avert all of these legal consequences due to late payment by providing security in the amount of the endangered payment claim. The legal provisions relating to late payments remain unaffected.

(4) Additional services ordered and additional expenses incurred as a result of changes made by the client to Foodforecast will be paid separately by the client in accordance with the conditions set out in the offer.

§ 6 Offsetting; Retention Rights

The client is not entitled to set off against claims made by Foodforecast, unless the counterclaim is undisputed or has been legally established. Furthermore, the client is not entitled to withhold payments or to suspend other obligations affecting him, unless Foodforecast significantly breaches due obligations under the same contractual relationship despite a written warning and has not offered adequate protection. Section 215 BGB does not apply. In the event of defects in delivery or service, the client's reciprocal rights remain unaffected.

§ 7 Warranty

(1) Foodforecast guarantees that the cloud services include the features and functions described in the individual contract.

(2) With regard to the granting of use of cloud services, the warranty provisions of rental law apply (Sections 535 et seq. BGB). The client must immediately report any defects to Foodforecast. The warranty for only insignificant reductions in the suitability of the service is excluded. Fault independent liability in accordance with Section 536a (1) BGB for defects that already existed at the time of conclusion of the contract is excluded. Insofar as a defect has been reported by the client and the customer's warranty claims are not ruled out, Foodforecast will remedy the defect within a reasonable period of time — through measures of its own choice. The client gives Foodforecast a reasonable amount of time and opportunity to rectify the defect. The application of Section 536a (2) BGB (tenant's right of self-removal) is excluded. In the event of impossibility or failure to rectify the defect, culpable or unreasonable delay or serious and final refusal to remedy the defect by Foodforecast or other unreasonableness of rectifying the defect, the client is in particular entitled to reduce the fee owed in accordance with the extent of the impairment (reduction). The client is not entitled to assert a claim for reduction by independently deducting the reduction amount from the remuneration to be paid on an ongoing basis; the client's claim under enrichment law to recover the overpaid portion of the fee remains unaffected.

(3) Insofar as the use of Foodforecast's cloud services and other services are pure services (such as the services, consulting and support services and support services), Foodforecast is liable for deficiencies in these services in accordance with the rules of service contract law (§§ 611 ff. BGB).

(4) Foodforecast assumes only the limited warranties expressly set out in this Agreement and excludes all other warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and to achieve a particular success or special economic advantage.

(5) If third parties make claims against Foodforecast based on a culpable violation of applicable law or the provisions of these terms and conditions by the client, the client releases Foodforecast in full from these claims upon first request.

(6) Foodforecast is not liable for claims in connection with this agreement if such a claim is made more than two years after the first event giving rise to such a claim or should have been discovered by the client.

§ 8 Liability

(1) With the exception of liability under the Product Liability Act (ProdHaftG), due to fraudulent concealment of a defect, due to a guarantee that Foodforecast has assumed for the quality of the deliveries or services, or for damage arising from a culpable injury to life, body or health, Foodforecast is only liable to the client for compensation in accordance with the following provisions, without, however, the legal requirements for such liability to abstain.

(2) Foodforecast is liable for damages — irrespective of the legal basis — as part of fault liability in the event of intent and gross negligence. In the event of simple negligence, Foodforecast is liable, subject to legal limitations of liability (e.g. due diligence in its own affairs; insignificant breach of duty), only for damage arising from the breach of a material contractual obligation (obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may rely); in this case, however, Foodforecast's liability is limited to compensation for foreseeable, typically occurring damage .

(4) The above limitations of liability also apply to breaches of duty by or for the benefit of persons whose fault Foodforecast is responsible in accordance with statutory provisions.

(5) Due to a breach of duty that does not consist of a defect, the client can only withdraw or terminate if Foodforecast is responsible for the breach of duty. In addition, the legal requirements and legal consequences apply.

(6) The above restrictions do not entail a change in the burden of proof to the detriment of the client.

§ 9 Compliance with export controls

(1) Foodforecast's obligations under this Agreement require the client to comply with all applicable export and re-export controls, embargoes, and economic and trade sanctions laws and regulations, including in any case those of the United States and the European Union (”export laws”). Client warrants that data provided by client is not subject to trade restrictions (e.g. classification “N” in the EU and “N” for ECCN or “EAR99” in the USA) and that any content on cloud services, including data provided by client, any offers provided under this agreement, and any derivative thereof, is not (i) downloaded or retrieved by a sanctioned person, (ii) does not export, re-export (including any “fictitious exports”), shipped, distributed, delivered, sold, resold, delivered or otherwise transferred directly or indirectly to a Sanctioned Person or otherwise in a manner contrary to export laws, (iii) not used for a purpose prohibited by export laws, or (iv) not used for non-civilian purposes (e.g. armaments, nuclear technology, weapons, any other use in defense and military) unless required by export laws or appropriate authorities local permits, or Approvals allowed. Notwithstanding the foregoing, the client represents and warrants that (i) it is not a sanctioned person and (ii) it will not download any products or access services, or allow third parties to download or access products or services from sanctioned countries. The client reviews and updates its list of users who have access to a cloud service at least once a year and confirms that none of these users is a sanctioned person and that all users can continue to access cloud services in accordance with export laws. Foodforecast can carry out the necessary checks with regard to export laws, while the client undertakes to provide Foodforecast with all necessary information immediately upon request. The client is responsible for providing and obtaining from the user all information necessary to ensure compliance with applicable export laws (e.g. applicable export list numbers) . ”Sanctioned country” means a country or territory that is itself the subject or target of comprehensive trade or economic sanctions (currently Cuba, Iran; North Korea, Syria and the Crimean region of Ukraine) . ”Sanctioned person“means any person (A) included in the list of specially designated nationals and blocked persons (SDN) maintained by the Office of Foreign Assets Control of the United States Department of Treasury (OFAC) or in another list of persons subject to export control maintained by the US Department of Commerce or US Department of State, the United Nations Security Council, the European Union or a Member State of the European Union, or the United Kingdom; (B) who operate in a sanctioned country , is organized or based; (iii) the government of or a government acting for or on behalf of the government of Venezuela or a sanctioned country; or (iv) is owned or controlled by one or more such persons.

(2) If the client discloses information to Foodforecast that (i) is “Covered Defense Information” or “Controlled Unclassified Information” as defined in US government regulations or (ii) is subject to export laws that require controlled data processing, the Client will notify Foodforecast employees prior to any disclosure and use the notification tools and procedures specified by Foodforecast.

(3) In the event that the client does not comply with any of the provisions set out in this § 9 or violates export laws in connection with offers or intellectual property from Foodforecast, Foodforecast has the right to take appropriate action in accordance with the terms of this Agreement and in accordance with US law or applicable law. In addition, the client will indemnify and hold Foodforecast, its affiliates, subcontractors and agents harmless from claims, damages, fines and costs (including attorneys' fees and costs) arising in any way as a result of failure to comply with the provisions set out in this § 10, including the violation or alleged violation of export laws.

(4) Foodforecast is not obliged to perform the services covered by this contract if this is prevented by national or international foreign trade or customs regulations or embargoes or other sanctions, in particular embargoes or other sanctions imposed by the United Nations, the European Union or the United States.

§ 10 Force majeure

(1) Events or circumstances of force majeure, including in particular operational disruptions, fire damage, floods, strikes and lockouts, disruptions to shipping, transport and receiving facilities, administrative orders and other events beyond the control of the parties, and which impair or prevent the provision of the service, release the affected party from its respective obligation to perform for the duration and extent of the effects. Dates affected by events or circumstances of force majeure shall be postponed accordingly, at least for the duration of the disruptive effect.

(2) In such cases, the parties will immediately agree on the expected duration and extent of the disruptive effect and will coordinate with each other how to proceed.

§ 11 Transferability of rights and obligations

Foodforecast is entitled to transfer the rights and obligations arising from this contract in whole or in part to third parties without the client's consent being required.

§ 12 Confidentiality

(1) Foodforecast and the client (including the “parties”) commit themselves to maintain secrecy about all business and trade secrets that have become known or become known to them as confidential or, due to other circumstances, identifiable as confidential from the other party or the companies affiliated with the other party in accordance with Section 15 AktG, even after the end of this agreement until they become apparent and not to use them for purposes other than that after this Agreement to use. Section 3 (4) remains unaffected.

(2) Information which was demonstrably (i) already available to the public at the time of transmission or later to the public without the intervention of one of the parties, or (ii) was already known to one of the parties at the time of transmission, or (iii) was made available to one of the parties after transmission by third parties, unless a confidentiality agreement was breached by the party or third parties in order to gain knowledge, or (iv) by one of the parties as part of their own independent developments were developed without recourse to confidential information. Each party may disclose confidential information if required to do so under a law, court or administrative order. In this case, the respective party will only disclose the instructed parts of the information and — insofar as legally possible — immediately inform the other party of the instruction and the revelations to be made. The provisions of Section 5 of the Act on the Protection of Trade Secrets (GeschGehG) and Section 6 of the Act on the Improved Protection of Whistleblowers (Whistleblower Protection Act) remain unaffected.

(3) Both parties will carefully store the business documents provided to them, protect them from inspection by third parties and return them at the end of this agreement. The assertion of a right of retention is excluded. Both parties will impose the same obligations on the employees they employ and any third parties.

Section 13 Marketing

The client allows Foodforecast permanently — and only revocably for good cause — to name him as a reference and, in this context, to use his name, logo and trademarks on the website, in social media presences, in advertising materials and in other Foodforecast presentations and — without naming the client — to advertise with its anonymized improvement figures. The use of “testimonials” in this context is only possible with the prior consent of the client.

§ 14 Data protection

(1) If and insofar as Foodforecast processes the client's personal data on behalf of the client as part of the provision of services, Foodforecast will conclude a standard market agreement with the client to process data on behalf of Article 28 of the General Data Protection Regulation before the start of processing. In this case, Foodforecast will process the relevant personal data solely in accordance with these provisions and in accordance with the instructions of the client.

(2) In addition, the data protection information available at https://foodforecast.com/datenschutz/ applies to data processing by Foodforecast.

§ 15 Dispute resolution; place of jurisdiction; choice of law

(1) The parties will attempt to resolve any disputes arising from or in connection with the legal relationship existing between them immediately in partnership and in good faith through negotiation.

(2) If the parties are unable to resolve the disputes that have arisen by negotiation within 30 days after one party has asked the other in writing to start negotiations, both parties shall have ordinary legal recourse. The courts in Cologne have exclusive jurisdiction over all disputes arising from or in connection with the legal relationship between the parties. Paragraph 1 does not affect Foodforecast's right to seek interim relief before ordinary courts. Overriding statutory provisions, in particular on exclusive competencies, remain unaffected.

(3) German law applies to the legal relationship between Foodforecast and the client, to the exclusion of conflict of law rules and the UN Sales Convention (CISG).

§ 16 Final Provisions

(1) Changes and additions to these conditions through individual contract agreements within the meaning of §305b BGB require no form. Otherwise, changes or additions must be made in writing.

(2) Should any provision of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these conditions. The ineffective provision is mutually replaced by the contracting parties with a legally effective provision which comes closest to the economic sense and purpose of the invalid provision. The above provision applies mutatis mutandis in the event of regulatory gaps.

Appendix 1

1. login details

They guarantee as follows:

• not to provide a false identity in order to access cloud services;
• store login details and security tokens carefully and protect them from unauthorised access, transfer or use;
• to use only your user account or methods approved by us to access the cloud services;
• not to circumvent or disclose the authentication or security measures of your user account, the underlying technology, or the corresponding hosts, networks, or accounts;
• ensure that the login details are not shared with other people, but are only used by the person for whom they were created. We may change the login details if we reasonably believe that a change is necessary.

1. No illegal, harmful, or offensive use or content

You agree not to use, promote, facilitate, or encourage or incite others to use the Cloud Services for illegal, harmful, or offensive purposes; you also agree not to transmit, store, display, distribute, or otherwise make available any content that is illegal, harmful, fraudulent, infringing, or insulting. Your use of cloud services and the content you store on them is subject to the following terms:

• You must not violate any laws, regulations, or rights of others;

1. 1. • they must not be harmful to others or to our reputation; this prohibition includes offering or distributing fraudulent goods, services, programs and promotions, quick money-making tricks, investment fraud or pyramid schemes, phishing, farming, or other fraudulent practices;
      • No hyperlinks may be entered, saved, or sent, or access to external websites or data feeds, including embedded widgets or other access options that you do not have permission to access or that are illegal;
      • They must not be defamatory, obscene, abusive, or invade privacy.

1. No violation of usage restrictions

You agree not to do the following:

1. 1. • resell, transfer, sublicense, loan, lease, publish, or use the cloud services to outsource business processes or other activities, or operate a time-sharing service (unless we specifically allow this);
      • reverse engineer, disassemble, decompile, or otherwise modify, combine, manipulate, derive, or create derivative works from the cloud services or their underlying technology (unless this limitation is inconsistent with applicable laws in your jurisdiction);
      • to access the cloud services from a location that is prohibited or subject to applicable sanctions or licensing requirements and/or (re) export control laws and regulations, including the laws of the European Union, the United States of America and/or other applicable countries; you also agree to upload only uncontrolled content (e.g. classification = “N” in the EU and “N” for ECCN or “EAR99” in the USA), except where to whom you in accordance with applicable (re) export control laws, or are entitled to appropriate regulatory licenses or permits to do so.

1. No misuse

You agree not to do the following:

• to use the cloud services in a way that is aimed at avoiding or evading monitoring measures applicable to the cloud services (such as access and storage restrictions) or monitoring measures or avoiding charges;
• access or use cloud services to perform a performance test, create competing products or services, or copy their features or user interface;
• interfering with the proper functioning or security of our systems;
• to distribute, publish, send, or allow others to deliver unsolicited mass emails or other messages, actions, advertisements, or solicitations, including commercial advertising and announcements, for informational purposes. You may not change or obscure email headers or assume the sender's identity without the sender's express permission.

1. No security breaches

You agree not to use the cloud services in a way that jeopardizes or could jeopardize the security of the cloud services or underlying technology. In particular, you ensure that:

• You take reasonable precautions to prevent security attacks, viruses, and malware on your system and on-site hardware, software, or services that you use to connect to and/or access cloud services;
• You will not conduct penetration testing related to the cloud services or underlying technology without first obtaining our express written consent;
• You do not use devices to access or use cloud services that do not comply with industry standard security guidelines (such as password protection, virus protection, current update and patch levels).

1. Monitoring and reporting through FoodForecast

You acknowledge that we and our subcontractors may monitor your compliance with this facility via cloud services. We reserve the right to investigate any violations of this system. If you become aware of a violation of this attachment, you agree to immediately notify us and, upon request, assist us in stopping, containing, or correcting the breach. We may remove, modify, or block access to content or resources that violate this attachment or any other agreement with you to use the cloud services. We have the right to report any activity that we believe violates laws or regulations to appropriate law enforcement officials, regulators, or other relevant third parties. If a third party claims that your use of cloud services or content violates that third party's rights or any laws or regulations, we may share appropriate customer information.