Terms of Service

ARTICLE I: INTRODUCTION AND ACCEPTANCE

Section 1.1 Agreement to Terms

These Terms of Service ("Terms," "Agreement," or "TOS") constitute a legally binding agreement between you ("User," "you," or "your") and Fenceline, Inc., a Delaware corporation ("Fenceline," "Company," "we," "us," or "our"), governing your access to and use of the Fenceline platform, including but not limited to our website located at https://fenceline.ai, mobile applications, application programming interfaces ("APIs"), and all related services, features, content, and functionality (collectively, the "Platform" or "Services"). BY ACCESSING, BROWSING, OR USING THE PLATFORM, BY CREATING AN ACCOUNT, OR BY CLICKING "I AGREE" OR ANY SIMILAR MECHANISM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

Section 1.2 Capacity to Contract

You represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity and authority to enter into this Agreement; (c) if you are entering into this Agreement on behalf of a business entity, you have the authority to bind such entity to these Terms; and (d) your use of the Platform will not violate any applicable law, regulation, or ordinance.

Section 1.3 Modification of Terms

Fenceline reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. For material changes—including but not limited to changes to liability limitations, dispute resolution procedures, data practices, fee structures, or the scope of Services—Fenceline will provide at least thirty (30) days' advance notice by: (a) posting the revised Terms on the Platform with an updated "Last Updated" date; and (b) sending notice to the email address associated with your account. For non-material changes, Fenceline will post the revised Terms on the Platform with an updated "Last Updated" date. Your continued use of the Platform following the effective date of revised Terms constitutes your acceptance of such modifications. If you do not agree to the modified Terms, you must discontinue use of the Platform before the effective date of the changes.

ARTICLE II: DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Contractor" means a home service professional, including but not limited to fencing contractors, who registers for and uses the Platform to operate their business, including website hosting, project management, customer communications, team coordination, and materials procurement. "Contractor Content" means all information, data, text, photographs, graphics, materials catalogs, pricing information, business information, and other content uploaded, submitted, or otherwise made available by a Contractor through the Platform. "Customer" means a homeowner, property owner, or other individual or entity who uses the Platform to design projects, obtain quotes, manage projects, communicate with Contractors, or make payments through Contractor websites powered by the Platform. "Customer Content" means all information, data, text, photographs, property information, project designs, and other content uploaded, submitted, or otherwise made available by a Customer through the Platform. "Customer Data" means any and all data pertaining to Customers, including but not limited to personal information, property addresses, satellite imagery, project specifications, communication history, and payment information. "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. "Marketplace" means the materials marketplace operated by Fenceline through which Contractors may browse and purchase materials from participating Suppliers. "Platform" means the Fenceline website, mobile applications, APIs, software, tools, and all related services, features, content, and functionality provided by Fenceline. "Services" means all services provided by Fenceline through the Platform, including but not limited to website hosting, satellite imagery fence estimation, customer relationship management, materials marketplace, AIpowered features, and payment processing. "Supplier" means a material supplier who participates in the Fenceline Marketplace to sell materials and products to Contractors through the Platform. "Supplier Content" means all information, data, product catalogs, pricing information, specifications, and other content uploaded, submitted, or otherwise made available by a Supplier through the Platform. "Supplier Pricing Information" means confidential pricing data, including but not limited to wholesale prices, volume discounts, tiered pricing structures, promotional pricing, and any other pricing terms provided by a

Supplier to specific Contractors through the Platform. "User" means any individual or entity that accesses or uses the Platform, including Contractors, Customers, and Suppliers. "User Content" means Contractor Content, Customer Content, and Supplier Content, collectively.

ARTICLE III: NATURE OF THE PLATFORM AND SERVICES

Section 3.1 Platform as Technology Provider

FENCELINE IS A TECHNOLOGY COMPANY THAT PROVIDES A SOFTWARE PLATFORM AND

RELATED SERVICES. FENCELINE IS NOT A CONTRACTOR, CONSTRUCTION COMPANY, HOME IMPROVEMENT PROVIDER, MATERIALS SUPPLIER, OR HOME SERVICE PROFESSIONAL OF ANY KIND. FENCELINE DOES NOT PERFORM, SUPERVISE, DIRECT, CONTROL, OR MANAGE ANY CONTRACTING, CONSTRUCTION, INSTALLATION, REPAIR, OR HOME IMPROVEMENT WORK.

Section 3.2 No Agency or Employment Relationship

The Platform serves as a venue that enables Contractors, Customers, and Suppliers to connect and transact. Fenceline is not a party to any agreement between Contractors and Customers or between Contractors and Suppliers. No agency, partnership, joint venture, employment, or franchise relationship is created between Fenceline and any User by virtue of this Agreement or use of the Platform. Contractors are independent business operators, not employees, agents, or representatives of Fenceline. Fenceline does not employ, direct, supervise, or control Contractors or their employees, subcontractors, or agents in any manner. Contractors maintain complete autonomy over their business operations, including but not limited to: (a) Setting their own prices, markups, and labor rates; (b) Determining their service areas and availability; (c) Selecting their materials, methods, and techniques; (d) Hiring and managing their own employees and subcontractors; (e) Obtaining necessary licenses, permits, and insurance; (f) Determining their work schedule and project timelines; and (g) Making all decisions regarding the performance of their services.

Section 3.3 Marketplace Facilitation Only

With respect to the Marketplace, Fenceline acts solely as an intermediary facilitating transactions between Contractors and Suppliers. Fenceline does not manufacture, sell, resell, warehouse, ship, or take title to any materials or products listed on the Marketplace. All sales through the Marketplace are transactions directly between the Contractor and the Supplier, with Fenceline serving only as a platform facilitator.

Section 3.4 No Endorsement or Verification

The presence of any Contractor, Customer, or Supplier on the Platform does not constitute an endorsement, certification, guarantee, or verification by Fenceline of such User's qualifications, licenses, insurance, reliability, quality of work, or fitness for any particular purpose. While Fenceline may, in its sole discretion, implement certain verification procedures, such procedures are for administrative purposes only and do not create any warranty, representation, or guarantee regarding any User.

Section 3.5 Estimates and Quotes

The satellite imagery fence estimator and any quote generation features provided through the Platform are

intended as preliminary estimation tools only to assist with initial project scoping. All estimates and quotes generated through the Platform are non-binding and subject to verification by the Contractor.

3.5.1 Technical Limitations

Users acknowledge and understand that Platform estimates are subject to inherent technical limitations, including but not limited to: (a) Imagery Age: Satellite imagery may be months or years old and may not reflect current property conditions, recent construction, landscaping changes, or property modifications; (b) Resolution Limits: Satellite imagery resolution varies by location and may not capture fine details, property line markers, or precise boundary locations; (c) Terrain and Grade: Satellite imagery cannot accurately detect elevation changes, slopes, grades, drainage issues, or underground conditions that may affect material requirements and project scope; (d) Obstructions: Trees, shadows, structures, and other obstructions may obscure property features and boundaries, leading to measurement inaccuracies; (e) Property Boundaries: Satellite imagery cannot determine legal property boundaries, easements, setback requirements, or encroachments—only a licensed surveyor can establish legal boundaries; (f) Measurement Variance: Linear footage calculations derived from satellite imagery are approximations and may vary significantly from actual on-site measurements; and (g) Material Calculations: Material estimates (posts, rails, pickets, concrete, hardware) are based on standardized assumptions that may not account for site-specific conditions, terrain adjustments, or local code requirements.

3.5.2 No Reliance Without Verification

ESTIMATES GENERATED THROUGH THE PLATFORM SHOULD NOT BE USED AS THE SOLE BASIS

FOR BINDING CUSTOMER QUOTES, CONTRACTS, MATERIAL ORDERS, OR PROJECT PRICING WITHOUT INDEPENDENT ON-SITE VERIFICATION BY THE CONTRACTOR. Contractors who submit binding quotes to Customers based solely on Platform estimates, without conducting independent verification, do so at their own risk.

3.5.3 Recommended Variance Buffer

Given the inherent limitations of satellite-based estimation, Fenceline recommends that Contractors build a reasonable variance buffer of at least ten to fifteen percent (10-15%) into any preliminary quotes derived from Platform estimates, or clearly communicate to Customers that final pricing is subject to adjustment following on-site verification.

3.5.4 Not a Professional Survey or Assessment

Estimates generated through the Platform, including measurements derived from satellite imagery, are NOT property surveys, engineering assessments, professional measurements, or substitutes for on-site evaluation by qualified professionals. Such estimates should not be relied upon for permit applications, property boundary determinations, structural engineering decisions, or any purpose requiring professional certification. Customers and Contractors are solely responsible for obtaining professional surveys, engineering assessments, or other certified evaluations as required by applicable law, permit authorities, or project specifications.

3.5.5 Assumption of Risk

BY USING THE SATELLITE IMAGERY ESTIMATOR OR ANY QUOTE GENERATION FEATURES, USERS EXPRESSLY ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTOOD THE LIMITATIONS DESCRIBED IN THIS SECTION 3.5, AND THEY ASSUME ALL RISK ASSOCIATED WITH ANY VARIANCE BETWEEN PLATFORM ESTIMATES AND ACTUAL PROJECT REQUIREMENTS. USERS AGREE THAT FENCELINE SHALL HAVE NO LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM RELIANCE ON PLATFORM ESTIMATES, INCLUDING BUT NOT LIMITED TO: (a) Differences between estimated and actual linear footage, materials, or project scope; (b) Underquoting or overquoting resulting from estimate inaccuracies; (c) Customer disputes arising from quote variances; (d) Material shortages or overages based on Platform calculations; (e) Project delays caused by scope changes discovered during installation; (f) Permit issues arising from discrepancies between estimates and actual conditions; or (g) Any other direct, indirect, incidental, or consequential damages related to estimate accuracy.

3.5.6 Contractor Responsibility

Contractors are solely responsible for: (a) verifying all measurements, specifications, and site conditions before entering into binding agreements with Customers; (b) communicating to Customers that initial quotes based on Platform estimates are subject to adjustment; (c) conducting on-site assessments prior to finalizing project scope and pricing; and (d) ensuring that final contracts with Customers appropriately allocate risk for scope changes discovered after initial estimation.

ARTICLE IV: USER ACCOUNTS AND REGISTRATION

Section 4.1 Account Creation

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information as prompted by the registration process. You agree to maintain and promptly update your account information to keep it accurate, current, and complete.

Section 4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to: (a) immediately notify Fenceline of any unauthorized use of your account or any other breach of security; and (b) ensure that you exit from your account at the end of each session when accessing the Platform from a shared device. Fenceline shall not be liable for any loss or damage arising from your failure to comply with this Section.

Section 4.3 Account Types

The Platform supports different account types with distinct features and obligations. The following subsections describe each account type:

4.3.1 Contractor Accounts

Contractors must provide accurate business information, including but not limited to business name, contact information, licensing information, service areas, and any other information required during registration. Contractors represent and warrant that they possess all licenses, permits, certifications, and insurance required by applicable law to perform the services they offer through the Platform.

4.3.2 Customer Accounts

Customer accounts are portable across all Contractor websites powered by the Platform, meaning Customers may use the same login credentials and access their account preferences across different Contractor sites. By creating a Customer account, you consent to your account credentials, contact information, and account preferences being accessible across the Fenceline ecosystem to facilitate this portability. Clarification Regarding Customer-Contractor Relationships: While Customer accounts are portable, Customer relationships and project-specific data remain associated with the Contractor with whom the Customer engaged. A Contractor's customer list, project history, communications, and transaction records relating to that Contractor's Customers are proprietary to that Contractor and are not shared with other Contractors. Customer portability means only that Customers may independently choose to engage additional Contractors using the same account credentials; it does not grant any Contractor access to another Contractor's customer data or relationships. Customers must affirmatively initiate engagement with each Contractor.

4.3.3 Supplier Accounts

Suppliers must provide accurate business information, product catalogs, and pricing information. Suppliers are responsible for maintaining current and accurate inventory, availability, and pricing data.

Section 4.4 Account Termination

Fenceline reserves the right to suspend or terminate your account, or restrict your access to the Platform, at any time and for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) actions harmful to other Users or third parties; (d) failure to pay any fees owed; or (e) extended periods of inactivity. You may terminate your account at any time by following the instructions on the Platform or by contacting support@fenceline.ai.

Section 4.5 Post-Termination Data Access

Upon termination of your account, whether by you or by Fenceline, you will have thirty (30) days to export your User Content and data through the Platform's data export features or by submitting a request to support@fenceline.ai. After this thirty (30) day period, Fenceline may delete your data in accordance with Section 8.7 and Section 22.4, and Fenceline shall have no obligation to maintain or provide access to your data. This post-termination access period does not apply if your account was terminated by Fenceline due to fraud, illegal activity, or material breach of these Terms, in which case Fenceline may delete your data immediately upon termination.

ARTICLE V: CONTRACTOR OBLIGATIONS AND RESPONSIBILITIES

Section 5.1 Independent Business Operations

Contractors acknowledge and agree that they operate as independent businesses and are solely responsible for

all aspects of their business operations, including but not limited to: (a) Licensing and Compliance: Obtaining and maintaining all licenses, permits, certifications, registrations, and approvals required by federal, state, and local law to operate their business and perform their services; (b) Insurance: Maintaining adequate insurance coverage, including but not limited to general liability insurance, workers' compensation insurance, and any other insurance required by applicable law or industry standards; (c) Taxes: Reporting and paying all applicable federal, state, and local taxes, including but not limited to income taxes, self-employment taxes, sales taxes, and payroll taxes; (d) Employment Law Compliance: Complying with all applicable employment laws with respect to their employees and subcontractors, including but not limited to wage and hour laws, workplace safety regulations, and anti-discrimination laws; (e) Permits: Obtaining all necessary permits for projects, including but not limited to building permits, zoning approvals, and homeowner association approvals;

(f) Workmanship: Ensuring that all work is performed in a good and workmanlike manner in accordance with applicable codes, standards, and industry best practices; and (g) Customer Contracts: Entering into appropriate contracts with Customers that clearly define the scope of work, pricing, payment terms, warranties, and other material terms.

Section 5.2 Quality of Work

Contractors are solely responsible for the quality, safety, legality, and workmanship of all services they provide to Customers. Fenceline has no control over and accepts no responsibility for the quality, safety, legality, or any other aspect of the services provided by Contractors.

Section 5.3 Contractor Representations and Warranties

Each Contractor represents and warrants that: (a) All information provided to Fenceline is accurate, current, and complete; (b) The Contractor possesses all licenses, permits, and certifications required to perform the services offered; (c) The Contractor maintains adequate insurance coverage as required by applicable law; (d) The Contractor will comply with all applicable laws, regulations, ordinances, and industry standards; (e) The Contractor will honor all quotes, estimates, and agreements made through the Platform, subject to reasonable verification and adjustment; (f) The Contractor will respond to Customer inquiries and communications in a timely and professional manner; (g) The Contractor will not engage in any fraudulent, deceptive, or unfair business practices; and (h) The Contractor will use commercially reasonable efforts to resolve disputes with Customers in good faith.

Section 5.4 Contractor Indemnification

Contractors agree to indemnify, defend, and hold harmless Fenceline and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Contractor's services or work product; (b) the Contractor's breach of these Terms or any representation or warranty contained herein; (c) the Contractor's violation of any applicable law or regulation; (d) any dispute between the Contractor and a Customer or Supplier; (e) any claims related to the Contractor's employees or subcontractors; (f) any property damage or personal injury arising from the Contractor's operations; or (g) the Contractor's negligence, willful misconduct, or fraud.

ARTICLE VI: CUSTOMER ACKNOWLEDGMENTS AND RESPONSIBILITIES

Section 6.1 Direct Relationship with Contractors

Customers acknowledge and agree that any contract for services entered into through the Platform is directly

between the Customer and the Contractor. Fenceline is not a party to any such contract and has no obligations or liabilities thereunder.

Section 6.2 Due Diligence

Customers are solely responsible for evaluating and selecting Contractors. Fenceline strongly recommends that Customers: (a) Verify the Contractor's licenses, insurance, and certifications; (b) Check references and reviews from prior customers; (c) Obtain multiple quotes for comparison; (d) Carefully review all contract terms before signing; (e) Verify that the Contractor has obtained all necessary permits; (f) Understand payment terms and avoid paying in full before work is completed; and (g) Document the scope of work and any changes in writing.

Section 6.3 Customer Representations and Warranties

Each Customer represents and warrants that: (a) All information provided through the Platform is accurate and complete; (b) The Customer has the legal right and authority to authorize work on the property; (c) The Customer will provide accurate property information and access as needed; (d) The Customer will comply with all terms of any contract entered into with a Contractor; and (e) The Customer will make timely payments in accordance with agreed-upon terms.

Section 6.4 Assumption of Risk

Customers acknowledge that contracting for home services involves inherent risks and that the outcome of any

project depends on numerous factors beyond Fenceline's control. Customers assume all risk associated with their decision to engage a Contractor through the Platform.

ARTICLE VII: SUPPLIER OBLIGATIONS AND RESPONSIBILITIES

Section 7.1 Product Information

Suppliers are solely responsible for providing accurate, current, and complete product information, including but not limited to product descriptions, specifications, dimensions, materials, availability, lead times, and pricing. Fenceline is not responsible for any errors, inaccuracies, or omissions in Supplier product information.

Section 7.2 Order Fulfillment

Suppliers are solely responsible for fulfilling orders placed through the Marketplace, including but not limited to inventory management, shipping, delivery, and handling of returns, exchanges, and refunds.

Section 7.3 Pricing Autonomy

Suppliers retain complete autonomy over their pricing decisions, including the ability to establish different pricing tiers, volume discounts, and promotional pricing for different Contractors.

Section 7.4 Supplier Representations and Warranties

Each Supplier represents and warrants that: (a) All product information provided is accurate and not misleading; (b) All products comply with applicable safety standards and regulations; (c) The Supplier has the right to sell all products listed on the Marketplace; (d) The Supplier will fulfill orders in accordance with stated lead times and delivery terms; and (e) The Supplier will handle customer service, returns, and warranty claims in accordance with their stated policies.

ARTICLE VIII: DATA PRIVACY AND CONFIDENTIALITY

Section 8.1 Privacy Policy

The collection, use, and disclosure of personal information through the Platform is governed by our Privacy Policy, which is incorporated herein by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

Section 8.2 Data Ownership

8.2.1 Customer Data Ownership

As between Fenceline and Contractors, Customer Data provided directly by Customers shall remain the property of the respective Customer. Contractors are granted a limited license to use Customer Data solely for

the purpose of providing services to the Customer and as necessary to operate on the Platform.

8.2.2 Contractor Data Ownership

As between Fenceline and Contractors, proprietary business information, including but not limited to pricing strategies, customer relationships, and business processes developed by the Contractor, shall remain the property of the Contractor.

8.2.3 Supplier Data Ownership

As between Fenceline and Suppliers, proprietary business information, including but not limited to pricing strategies, product information, and customer relationships developed by the Supplier, shall remain the property of the Supplier.

Section 8.3 Confidentiality of Supplier Pricing Information

8.3.1 Protection of Pricing Data

Fenceline acknowledges that Supplier Pricing Information is confidential and proprietary to the respective

Supplier. Fenceline agrees to implement reasonable technical and organizational measures to protect Supplier Pricing Information from unauthorized access, use, or disclosure.

8.3.2 Limited Disclosure

Supplier Pricing Information shall only be disclosed to the specific Contractor(s) with whom the Supplier has established a business relationship through the Platform. Fenceline shall not disclose, share, aggregate, publish, or otherwise make available any Supplier Pricing Information to: (a) Other Contractors who do not have an established relationship with the Supplier; (b) Competing Suppliers; (c) Any third party not authorized by the Supplier; or (d) The general public.

8.3.3 Supplier Control Over Pricing Relationships

Suppliers retain sole discretion to determine: (a) which Contractors receive access to their pricing information; (b) the specific pricing terms offered to each Contractor; and (c) whether to offer volume discounts, promotional pricing, or other preferential terms to specific Contractors.

8.3.4 Contractor Obligations Regarding Supplier Pricing

Contractors acknowledge that Supplier Pricing Information received through the Platform is confidential and

proprietary to the Supplier. Contractors agree not to disclose, share, or otherwise make available any Supplier Pricing Information to any third party, including but not limited to other Contractors, competing Suppliers, or Customers (except as incorporated into final project pricing).

Section 8.4 Cross-User Data Boundaries

8.4.1 Contractor-to-Contractor Data Separation

Each Contractor's business data, including but not limited to customer lists, project information, pricing strategies, financial data, and operational information, shall be kept confidential and shall not be shared with, disclosed to, or made accessible to other Contractors, except as may be necessary to facilitate specific transactions expressly authorized by the data owner.

8.4.2 Customer Information Sharing Consent

Customers acknowledge and consent that their account information, project history, and preferences may be accessible across Contractor websites powered by the Platform to facilitate the portability features described in these Terms. Customers may adjust privacy settings in accordance with options made available on the Platform.

Section 8.5 Data Security

Fenceline implements reasonable administrative, technical, and physical safeguards designed to protect User data from unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the Internet or method of electronic storage is completely secure, and Fenceline cannot guarantee absolute security.

Section 8.6 Data Processing and AI Systems

8.6.1 RAG-Enabled AI System

Users acknowledge that data submitted to the Platform, including projects, materials, customer information, and communications, may be processed by Fenceline's Retrieval-Augmented Generation (RAG) enabled AI system. This system enables conversational interactions with business data, contextual insights, and enhanced functionality.

8.6.2 Data Segregation

Fenceline's AI systems are designed to maintain data segregation between Users. A Contractor's AI interactions will only access and reference that Contractor's own data. Customer and Supplier data will only be processed in the context of authorized relationships and transactions.

8.6.3 Consent to AI Processing

By using the Platform, Users consent to the processing of their data by Fenceline's AI systems for the purpose of providing and improving the Services.

Section 8.7 Data Retention and Deletion

Fenceline retains User data for as long as necessary to provide the Services and as required by applicable law. Upon account termination, Users may request deletion of their data in accordance with our Privacy Policy, subject to legal retention requirements and technical limitations.

ARTICLE IX: PAYMENT TERMS AND FEES

Section 9.1 Core Platform Access

Access to the core Fenceline Platform, including basic website hosting, the satellite imagery fence estimator, customer portal, CRM functionality, team management, contract signing, invoicing, and AI-powered business assistant features, is provided at no cost to Contractors and Customers.

Section 9.2 Premium Modules

Certain enhanced features, advanced automation capabilities, and additional integrations may be offered as paid premium modules. Pricing, features, and terms for premium modules will be disclosed at the time of purchase.

Section 9.3 Marketplace Commission

Fenceline earns revenue through commissions on materials sold through the Marketplace. Commission rates and structures will be disclosed to Suppliers and may vary based on product category, volume, and other factors. By participating in the Marketplace, Suppliers agree to pay applicable commissions on completed transactions.

Section 9.4 Payment Processing

Payment transactions facilitated through the Platform are processed by third-party payment processors. By using payment features on the Platform, you agree to the terms and conditions of the applicable payment processor. Fenceline is not responsible for errors, delays, or issues arising from third-party payment processing.

Section 9.5 Contractor-Customer Payments

Fenceline facilitates payment processing between Customers and Contractors but is not a party to the

underlying transaction. Disputes regarding payments between Customers and Contractors shall be resolved directly between those parties.

Section 9.6 Taxes

Users are solely responsible for determining and paying any applicable taxes arising from their use of the

Platform and transactions conducted thereon. Fenceline may collect sales tax or other taxes where required by law.

ARTICLE X: INTELLECTUAL PROPERTY

Section 10.1 Fenceline Intellectual Property

The Platform, including all software, code, algorithms, designs, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and the selection and arrangement thereof, is owned by or licensed to Fenceline and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except as

expressly authorized by these Terms, you may not copy, modify, distribute, sell, lease, or create derivative works based on the Platform.

Section 10.2 Trademarks

"Fenceline," the Fenceline logo, and any other Fenceline product or service names, logos, or slogans are trademarks of Fenceline, Inc. You may not use such marks without Fenceline's prior written permission. All other trademarks, product names, and logos appearing on the Platform are the property of their respective owners.

Section 10.3 User Content License

By uploading, submitting, or otherwise making available User Content through the Platform, you grant Fenceline a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such User Content solely for the purpose of operating, providing, improving, and promoting the Platform and Services. This license survives termination of your account.

Section 10.4 User Content Ownership

Except for the license granted above, you retain all ownership rights in your User Content. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the license in Section 10.3 and that your User Content does not infringe the Intellectual Property Rights of any third party.

Section 10.5 Feedback

If you provide Fenceline with any feedback, suggestions, or ideas regarding the Platform ("Feedback"), you hereby assign to Fenceline all rights in such Feedback and agree that Fenceline shall be free to use, disclose, reproduce, license, and otherwise exploit such Feedback without restriction or compensation to you.

ARTICLE XI: DISCLAIMERS AND LIMITATION OF LIABILITY

Section 11.1 Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FENCELINE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, FENCELINE MAKES NO WARRANTY OR REPRESENTATION REGARDING:

(a) THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, ESTIMATES, QUOTES, OR CALCULATIONS PROVIDED THROUGH THE PLATFORM; (b) THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY CONTRACTOR, CUSTOMER, OR SUPPLIER; (c) THE QUALIFICATIONS, LICENSES, INSURANCE, OR BONDING OF ANY CONTRACTOR; (d) THE QUALITY, WORKMANSHIP, OR OUTCOMES OF ANY SERVICES PROVIDED BY CONTRACTORS; (e) THE QUALITY, SPECIFICATIONS, OR FITNESS OF ANY MATERIALS SOLD THROUGH THE MARKETPLACE; (f) THE ACCURACY OF SATELLITE IMAGERY, MEASUREMENTS, OR PROPERTY INFORMATION; (g) THE ACCURACY OF AI-GENERATED CONTENT, RECOMMENDATIONS, OR INSIGHTS; (h) THE SUITABILITY OF THE PLATFORM FOR ANY PARTICULAR PURPOSE; OR (i) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM.

Section 11.2 No Liability for Contractor Services

FENCELINE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED BY CONTRACTORS, INCLUDING BUT NOT LIMITED TO: (a) DEFECTIVE, NEGLIGENT, OR INCOMPLETE WORKMANSHIP; (b) PROPERTY DAMAGE OR PERSONAL INJURY; (c) DELAYS IN PROJECT COMPLETION; (d) FAILURE TO MEET CUSTOMER EXPECTATIONS; (e) BREACH OF CONTRACT BY CONTRACTOR; (f) CONTRACTOR INSOLVENCY OR ABANDONMENT; (g) FAILURE TO OBTAIN NECESSARY PERMITS; (h) CODE VIOLATIONS OR FAILED INSPECTIONS; (i) WARRANTY CLAIMS OR DISPUTES; OR (j) ANY OTHER CLAIMS RELATED TO CONTRACTOR PERFORMANCE.

Section 11.3 No Liability for Materials

FENCELINE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES,

OR EXPENSES ARISING OUT OF OR RELATING TO MATERIALS PURCHASED THROUGH THE MARKETPLACE, INCLUDING BUT NOT LIMITED TO: (a) DEFECTIVE OR NON-CONFORMING MATERIALS; (b) LATE DELIVERY OR NON-DELIVERY; (c) INCORRECT QUANTITIES OR SPECIFICATIONS; (d) DAMAGE DURING SHIPPING; (e) PRODUCT RECALLS; OR (f) ANY OTHER CLAIMS RELATED TO MATERIALS.

Section 11.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FENCELINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER FENCELINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF FENCELINE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO FENCELINE (INCLUDING FEES FOR PREMIUM MODULES AND, FOR SUPPLIERS, COMMISSIONS PAID) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) THE APPLICABLE LIABILITY FLOOR SET FORTH BELOW: (i) For Contractors: One Thousand Dollars ($1,000.00). This liability floor acknowledges that Contractors use the Platform for business operations and may rely on it for customer relationship management, communications, and other business-critical functions. (ii) For Suppliers: One Thousand Dollars ($1,000.00), or, if greater, the total commissions paid by Supplier to Fenceline in the twelve (12) months preceding the claim. (iii) For Customers: One Hundred Dollars ($100.00). THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FENCELINE'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Section 11.5 Essential Basis of the Bargain

THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FENCELINE. FENCELINE WOULD NOT PROVIDE THE PLATFORM AND SERVICES WITHOUT THESE LIMITATIONS.

ARTICLE XII: INDEMNIFICATION

Section 12.1 User Indemnification

You agree to indemnify, defend, and hold harmless Fenceline and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) Your use of or access to the Platform; (b) Your User Content; (c) Your breach of these Terms or any representation or warranty contained herein; (d) Your violation of any applicable law, regulation, or third-party right; (e) Any dispute or litigation between you and any other User; (f) Your negligence, willful misconduct, or fraud; (g) Any transaction between you and another User; or (h) Any claim that your User Content infringes the Intellectual Property Rights of a third party.

Section 12.2 Procedure

Fenceline will provide you with prompt written notice of any claim subject to indemnification, provided that failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are prejudiced thereby. You shall have the right to assume control of the defense of any claim with counsel reasonably acceptable to Fenceline, provided that Fenceline may participate in the defense at its own expense and you shall not settle any claim without Fenceline's prior written consent.

ARTICLE XIII: DISPUTE RESOLUTION

Section 13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Fenceline at support@fenceline.ai to attempt to resolve any dispute informally. Both parties agree to negotiate in good faith

for at least thirty (30) days before initiating any formal proceeding.

Section 13.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION BEFORE ONE ARBITRATOR ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. Location of Arbitration: For Contractors and Suppliers, arbitration shall take place in Wilmington, Delaware. For Customers, arbitration shall take place, at the Customer's election, in: (a) Wilmington, Delaware; (b) the county of the Customer's primary residence; or (c) remotely via videoconference or telephone, as permitted by JAMS rules. This provision is intended to ensure that Customers are not unduly burdened by travel requirements. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Section 13.3 Small Claims Court Exception

Notwithstanding the foregoing arbitration agreement, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits. If the dispute is removed or appealed from small claims court to a court of general jurisdiction, the arbitration agreement shall apply.

Section 13.4 Class Action Waiver

YOU AND FENCELINE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE

CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST FENCELINE. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

Section 13.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights.

Section 13.6 Limitation on Claims

To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after such claim arose; otherwise, such claim is permanently barred. This limitation period shall not apply where prohibited by applicable law, including but not limited to claims arising under statutes that specify different limitation periods.

ARTICLE XIV: AI-POWERED FEATURES AND AUTOMATED SYSTEMS

Section 14.1 Nature of AI Features

The Platform incorporates artificial intelligence and machine learning technologies, including but not limited to natural language processing, computer vision, predictive analytics, and automated decision-making systems. These AI-powered features are provided to enhance user experience and productivity but are not infallible.

Section 14.2 AI Limitations

Users acknowledge and agree that: (a) AI-generated content, recommendations, and insights may contain errors, inaccuracies, or omissions; (b) AI systems may produce unexpected, inconsistent, or inappropriate outputs; (c) AI features are tools to assist human decision-making, not substitutes for professional judgment; (d) Users remain solely responsible for verifying AI-generated information before relying on it; and (e) Fenceline is not liable for any decisions made or actions taken based on AI-generated content.

Section 14.3 MCP Integrations and Automated Actions

The Platform's Model Context Protocol (MCP) integration enables automated actions on external systems, including but not limited to government permit portals, accounting systems, and vendor platforms. Users acknowledge that: (a) Automated actions are performed based on user configurations and may produce unintended results; (b) Users are responsible for verifying the accuracy and completeness of automated submissions; (c) Users must have appropriate authorization to access and interact with external systems; (d) Fenceline is not responsible for errors, delays, or failures in external systems; and (e) Users assume all risk associated with automated interactions with third-party systems.

Section 14.4 Continuous Learning

Users acknowledge that AI systems may improve over time based on usage patterns and user feedback. By using AI features, you consent to the use of anonymized, aggregated interaction data to improve the AI systems, subject to the data protection commitments in these Terms.

ARTICLE XV: THIRD-PARTY SERVICES AND INTEGRATIONS

Section 15.1 Third-Party Services

The Platform integrates with various third-party services, including but not limited to satellite imagery providers, Google services, SMS providers, payment processors, electronic signature providers, accounting platforms, and CRM systems. Your use of such third-party services is subject to the respective terms of service and privacy policies of those providers.

Section 15.2 No Endorsement

The availability of third-party services through the Platform does not constitute an endorsement of such services

by Fenceline. Fenceline is not responsible for the availability, accuracy, reliability, or performance of third-party services.

Section 15.3 Third-Party Fees

You are responsible for any fees charged by third-party services in connection with your use of such services

through the Platform.

Section 15.4 API Access

Use of the Fenceline API is subject to these Terms and any additional API terms and documentation. API access may be revoked at any time for violation of applicable terms or policies.

ARTICLE XVI: SERVICE AVAILABILITY AND PERFORMANCE

Section 16.1 No Guaranteed Uptime

THE PLATFORM IS PROVIDED ON AN "AS AVAILABLE" BASIS. FENCELINE DOES NOT GUARANTEE ANY SPECIFIC LEVEL OF UPTIME, AVAILABILITY, OR PERFORMANCE. FENCELINE DOES NOT OFFER, AND THESE TERMS DO NOT CONSTITUTE, A SERVICE LEVEL AGREEMENT ("SLA") OF ANY KIND.

Section 16.2 Scheduled Maintenance

Fenceline may perform scheduled maintenance on the Platform from time to time, which may result in temporary unavailability. While Fenceline will endeavor to provide reasonable advance notice of scheduled maintenance that is expected to cause significant service disruption, Fenceline is under no obligation to do so and shall not be liable for any failure to provide such notice.

Section 16.3 Unscheduled Downtime

The Platform may experience unscheduled downtime due to various factors, including but not limited to: (a) System failures, hardware malfunctions, or software bugs;

(b) Cyberattacks, security incidents, or malicious activity; (c) Third-party service provider outages, including cloud hosting, payment processors, satellite imagery providers, and other integrated services; (d) Network connectivity issues or internet service disruptions; (e) Force majeure events as described in Section 19.6; (f) Emergency maintenance required to protect the integrity, security, or functionality of the Platform; or (g) Any other circumstances beyond Fenceline's reasonable control.

Section 16.4 No Liability for Outages or Unavailability

FENCELINE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING TO: (a) Any interruption, suspension, or termination of the Platform or any portion thereof; (b) Any delay, failure, or error in transmitting or receiving data through the Platform; (c) Loss of access to the Platform, whether temporary or permanent; (d) Any data loss, corruption, or inability to access stored data during or following an outage; (e) Lost business, lost revenue, lost profits, or lost opportunities resulting from Platform unavailability; (f) Inability to communicate with Customers, Contractors, or Suppliers during an outage; (g) Missed deadlines, delayed projects, or scheduling conflicts resulting from Platform unavailability; (h) Third-party claims arising from a User's inability to perform obligations due to Platform unavailability; (i) Reputational harm arising from Platform unavailability affecting User websites or services; or (j) Any other direct, indirect, incidental, special, consequential, or punitive damages arising from service interruptions.

Section 16.5 User Responsibility for Business Continuity

Users acknowledge and agree that: (a) The Platform is one component of the User's business operations and Users should not rely on the Platform as their sole means of conducting business; (b) Users are solely responsible for implementing appropriate business continuity and disaster recovery plans; (c) Users should maintain backup systems, records, and processes to continue operations during Platform unavailability; (d) Users should maintain independent communication channels with Customers, Contractors, and Suppliers;

(e) Users should regularly export and back up critical data stored on the Platform; and (f) Fenceline's provision of data export tools does not guarantee the completeness, accuracy, or usability of exported data.

Section 16.6 Contractor Website Hosting

Contractors acknowledge that websites hosted on the Platform are subject to the same availability limitations

described in this Article. Fenceline shall not be liable for any damages arising from: (a) Unavailability of Contractor websites; (b) Customer inability to access Contractor websites, submit quote requests, or view project information; (c) Loss of web traffic, leads, or potential business during outages; (d) Search engine ranking impacts resulting from website unavailability; (e) Broken links or inaccessible content during or following outages; or (f) Any downstream impacts on Contractor business operations.

Section 16.7 Third-Party Service Dependencies

Users acknowledge that the Platform depends on various third-party services, including but not limited to cloud hosting infrastructure, satellite imagery providers, payment processors, SMS gateways, email services, and mapping services. Fenceline shall not be liable for any unavailability, errors, or degraded performance caused by: (a) Outages or service disruptions at third-party providers; (b) Changes to third-party APIs, services, or terms of service; (c) Discontinuation of third-party services; (d) Data processing delays at third-party providers; or (e) Any other issues arising from third-party service dependencies.

Section 16.8 Satellite Imagery and Estimation Tool Availability

The satellite imagery fence estimator relies on third-party satellite imagery providers. Fenceline does not guarantee the availability, accuracy, currency, or completeness of satellite imagery. Users acknowledge that: (a) Satellite imagery may be unavailable for certain addresses or regions; (b) Satellite imagery may be outdated and may not reflect current property conditions; (c) Satellite imagery resolution may vary by location; (d) The estimation tool may be unavailable during imagery provider outages; and

(e) Fenceline shall not be liable for any losses arising from satellite imagery unavailability or inaccuracy.

Section 16.9 Data Integrity During Outages

While Fenceline implements reasonable measures to protect data integrity, Fenceline does not guarantee that data will not be lost, corrupted, or rendered inaccessible during or as a result of service interruptions. Users are solely responsible for maintaining independent backups of critical data.

Section 16.10 Communication During Outages

Fenceline will endeavor to provide status updates during significant service disruptions through reasonable

means, which may include status pages, email notifications, or social media. However, Fenceline does not guarantee the timeliness, accuracy, or completeness of such communications and shall not be liable for any failure to provide status updates.

Section 16.11 No Credits or Refunds

Unless expressly provided in a separate written agreement between Fenceline and a User for premium services, Users shall not be entitled to any credits, refunds, or other compensation for service outages, regardless of duration or cause.

Section 16.12 Reservation of Rights

Fenceline reserves the right to: (a) Modify, suspend, or discontinue any feature, function, or component of the Platform at any time, with or without notice; (b) Limit or restrict access to the Platform or certain features for maintenance, security, or other operational reasons; (c) Prioritize system resources and processing capacity in its sole discretion; (d) Implement usage limits, rate limiting, or throttling as necessary to maintain Platform stability; and (e) Terminate the Platform or any portion thereof at any time in accordance with these Terms.

ARTICLE XVII: ACCEPTABLE USE POLICY

Section 17.1 Prohibited Conduct

You agree not to: (a) Use the Platform for any unlawful purpose or in violation of any applicable law or regulation; (b) Impersonate any person or entity or falsely represent your affiliation with any person or entity;

(c) Upload, post, or transmit any content that is defamatory, obscene, pornographic, harassing, threatening, invasive of privacy, or otherwise objectionable; (d) Upload, post, or transmit any content that infringes any Intellectual Property Rights or other proprietary rights of any party; (e) Upload, post, or transmit any viruses, malware, or other harmful code; (f) Interfere with or disrupt the Platform or servers or networks connected thereto; (g) Attempt to gain unauthorized access to any portion of the Platform or any systems or networks connected thereto; (h) Use any robot, spider, scraper, or other automated means to access the Platform; (i) Harvest or collect information about Users without their consent; (j) Engage in fraudulent, deceptive, or manipulative conduct; (k) Circumvent any content-filtering techniques or security measures; (l) Use the Platform to send unsolicited communications or spam; (m) Create multiple accounts to evade suspensions or bans; (n) Share, sell, or transfer your account credentials to any third party; or (o) Assist or encourage any third party in engaging in any prohibited conduct.

Section 17.2 Enforcement

Fenceline reserves the right, but has no obligation, to monitor User activity on the Platform and to investigate and take appropriate action against anyone who, in Fenceline's sole discretion, violates these Terms, including but not limited to removing offending content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

ARTICLE XVIII: COMMUNICATIONS

Section 18.1 Electronic Communications

By using the Platform, you consent to receive electronic communications from Fenceline, including but not limited to account notifications, service announcements, promotional materials, and legal notices. You agree that all communications provided electronically satisfy any legal requirement that such communications be in writing.

Section 18.2 SMS and Push Notifications

By providing your phone number, you consent to receive SMS messages and push notifications from Fenceline

and, where applicable, from Contractors with whom you interact through the Platform. Standard message and data rates may apply. You may opt out of promotional messages at any time by following the instructions in the message or adjusting your settings.

Section 18.3 Contractor SMS Messaging Obligations

If you are a Contractor using Fenceline's SMS messaging features to communicate with Customers, you agree to the following additional terms:

18.3.1 Compliance Requirements

You must comply with all applicable laws governing text messaging, including but not limited to: (a) The Telephone Consumer Protection Act (TCPA); (b) The CAN-SPAM Act; (c) State-specific telemarketing and communication laws; (d) Federal Communications Commission (FCC) regulations; and (e) Carrier policies and guidelines.

18.3.2 Consent and Opt-In

You may only send text messages to Customers who have provided prior express consent to receive messages from you. You must: (a) Obtain consent before sending any messages; (b) Clearly disclose that Customers will receive text messages; (c) Provide Customers with a clear way to opt out (e.g., reply STOP); (d) Honor all opt-out requests immediately; and (e) Maintain records of consent for each recipient.

18.3.3 Prohibited Messages

You may not use SMS messaging to: (a) Send unsolicited marketing or promotional messages without express written consent; (b) Contact Customers who have opted out or requested no contact; (c) Send messages outside of reasonable business hours (before 8:00 AM or after 9:00 PM recipient's local time); (d) Send deceptive, fraudulent, or misleading content; (e) Harass, threaten, or abuse recipients; (f) Send messages unrelated to your fence business services; or (g) Circumvent carrier filters or restrictions.

18.3.4 Message Content

All messages must: (a) Clearly identify your business; (b) Be related to legitimate business purposes (project updates, scheduling, estimates, customer service); (c) Include opt-out instructions (e.g., "Reply STOP to unsubscribe"); and (d) Not contain false or misleading information.

18.3.5 Indemnification for SMS Violations

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FENCELINE FROM ANY AND ALL CLAIMS, DAMAGES, FINES, PENALTIES, LIABILITIES, AND EXPENSES (INCLUDING LEGAL FEES) ARISING FROM YOUR SMS MESSAGING ACTIVITIES, INCLUDING BUT NOT LIMITED TO: (a) TCPA violations or claims; (b) Carrier complaints or penalties; (c) Customer complaints related to messaging; (d) Regulatory enforcement actions; and (e) Any violations of these SMS terms.

This indemnification obligation is in addition to, and not in lieu of, any other indemnification obligations set forth in these Terms.

18.3.6 Suspension and Termination

Fenceline reserves the right to immediately suspend or terminate your SMS messaging privileges without notice if: (a) We receive complaints about your messaging practices; (b) We detect patterns suggesting abuse or non-compliance; (c) A carrier flags your account or number; or (d) You violate any of these SMS terms.

18.3.7 No Guarantee of Delivery

Fenceline does not guarantee SMS message delivery. Messages may be blocked or filtered by carriers, and delivery depends on recipient device and network conditions. Fenceline shall not be liable for any undelivered messages or any damages arising from message delivery failures.

18.3.8 SMS Costs

SMS messaging is subject to usage-based fees as described in your account settings or applicable pricing documentation. You are responsible for all messaging costs incurred through your account, regardless of whether messages are successfully delivered.

Section 18.4 Notice

Fenceline may provide notice to you by: (a) posting on the Platform; (b) sending an email to the address associated with your account; or (c) sending a message through the Platform. Notice shall be deemed given upon posting or transmission.

ARTICLE XIX: GENERAL PROVISIONS

Section 19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent arbitration is inapplicable or unenforceable, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

Section 19.2 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and Fenceline regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, regarding such subject matter.

Section 19.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

Section 19.4 Waiver

The failure of Fenceline to enforce any right or provision of these Terms shall not constitute a waiver of such

right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Fenceline.

Section 19.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written

consent of Fenceline. Fenceline may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

Section 19.6 Force Majeure

Fenceline shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable

control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Section 19.7 Independent Contractors

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, or employment relationship between Fenceline and any User. Each party is an independent contractor and shall be solely responsible for its own employees, agents, and representatives.

Section 19.8 No Third-Party Beneficiaries

Except as expressly provided herein, these Terms are intended solely for the benefit of the parties hereto and are not intended to confer any rights or remedies upon any third party.

Section 19.9 Headings

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

Section 19.10 Survival

The following provisions shall survive termination or expiration of these Terms: Article II (Definitions); Article III (Nature of the Platform and Services); Section 5.4 (Contractor Indemnification); Article VIII (Data Privacy and Confidentiality); Article X (Intellectual Property); Article XI (Disclaimers and Limitation of Liability); Article XII (Indemnification); Article XIII (Dispute Resolution); Section 16.4 (No Liability for Outages); Section 16.9 (Data Integrity); Article XVII (Acceptable Use Policy); Article XIX (General Provisions); Article XX (Copyright and DMCA Policy); and Article XXI (Data Breach Notification). Additionally, any provision that by its nature should survive termination shall so survive, including but not limited to confidentiality obligations, accrued payment obligations, and representations and warranties.

Section 19.11 Export Compliance

You agree to comply with all applicable export and import control laws and regulations in connection with your

use of the Platform.

Section 19.12 Government Use

If you are accessing the Platform on behalf of a governmental entity, additional terms may apply. Please contact support@fenceline.ai for more information.

ARTICLE XX: COPYRIGHT AND DMCA POLICY

Section 20.1 Respect for Intellectual Property

Fenceline respects the intellectual property rights of others and expects Users to do the same. It is Fenceline's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium

Copyright Act ("DMCA") and other applicable intellectual property laws.

Section 20.2 DMCA Notice Requirements

If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that

constitutes copyright infringement, you may notify Fenceline's designated copyright agent by providing the following information in writing: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fenceline to locate the material; (d) Information reasonably sufficient to permit Fenceline to contact you, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section 20.3 Designated Copyright Agent

Fenceline's designated agent for receiving notifications of claimed infringement is: Copyright Agent Fenceline, Inc. 1111b South Governors Avenue STE 23921 Dover, DE 19904 United States Email: support@fenceline.ai

Section 20.4 Counter-Notification

If you believe that User Content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law, to post and use such content, you may submit a counter-notification to our copyright agent containing the following information: (a) Your physical or electronic signature;

(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and (d) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Section 20.5 Repeat Infringers

Fenceline will, in appropriate circumstances, terminate the accounts of Users who are repeat infringers of copyright or other intellectual property rights.

ARTICLE XXI: DATA BREACH NOTIFICATION

Section 21.1 Security Incident Response

Fenceline maintains security incident response procedures designed to detect, respond to, and mitigate security incidents. In the event of a security incident affecting User data, Fenceline will take reasonable steps to investigate and remediate the incident.

Section 21.2 Notification of Data Breaches

In the event of a confirmed data breach involving unauthorized access to, acquisition of, or disclosure of User personal information that poses a reasonable risk of harm to affected Users, Fenceline will: (a) Notify affected Users without unreasonable delay, and in any event within the timeframes required by applicable law; (b) Provide notification by email to the address associated with the affected account, and/or by other means as required by applicable law; (c) Include in the notification, to the extent known and practicable: (i) a description of the nature of the breach; (ii) the categories of personal information involved; (iii) the approximate date of the breach; (iv) steps Fenceline is taking in response; and (v) recommendations for affected Users to protect themselves; and (d) Where required by applicable law, notify relevant regulatory authorities and provide such cooperation as may be legally required.

Section 21.3 Exceptions

Notification may be delayed where: (a) a law enforcement agency determines that notification would impede a criminal investigation and requests delay; (b) the data was encrypted and the encryption key was not compromised; or (c) applicable law otherwise permits delay or exemption from notification.

Section 21.4 No Guarantee

While Fenceline implements reasonable security measures, no system is completely secure. Fenceline does not guarantee that data breaches will not occur and, except as expressly required by applicable law, Fenceline's liability for data breaches is subject to the limitations set forth in Article XI.

Section 21.5 Contractor and Supplier Obligations

Contractors and Suppliers who experience a data breach affecting Customer data or other User data obtained

through the Platform must: (a) promptly notify Fenceline of such breach; (b) cooperate with Fenceline in investigating and responding to the breach; and (c) comply with all applicable data breach notification laws.

ARTICLE XXII: DATA PORTABILITY AND REGULATORY COMPLIANCE

Section 22.1 Data Export

Upon request, Fenceline will provide Users with the ability to export their User Content and certain personal information in a structured, commonly used, and machine-readable format, to the extent technically feasible and required by applicable law. Data export requests may be submitted through the Platform or by contacting support@fenceline.ai. Section 22.2 California Consumer Privacy Act (CCPA) Rights For Users who are California residents, the following rights apply to the extent required by the California Consumer Privacy Act and its amendments, including the California Privacy Rights Act: (a) Right to Know: You have the right to request that Fenceline disclose the categories and specific pieces of personal information collected about you, the categories of sources from which personal information is collected, the business or commercial purpose for collecting or selling personal information, and the categories of third parties with whom personal information is shared. (b) Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions permitted by law. (c) Right to Correct: You have the right to request correction of inaccurate personal information. (d) Right to Opt-Out: You have the right to opt out of the sale or sharing of your personal information. Fenceline does not sell personal information as defined under CCPA. (e) Right to Non-Discrimination: Fenceline will not discriminate against you for exercising your CCPA rights. To exercise these rights, please contact us at support@fenceline.ai or through the methods described in our Privacy Policy. We will verify your identity before processing your request. Section 22.3 General Data Protection Regulation (GDPR) Rights For Users who are residents of the European Economic Area, United Kingdom, or Switzerland, the following

rights apply to the extent required by the General Data Protection Regulation and equivalent local laws: (a) Right of Access: You have the right to obtain confirmation as to whether personal data concerning you is being processed and, where that is the case, access to the personal data and certain information about the processing. (b) Right to Rectification: You have the right to obtain rectification of inaccurate personal data. (c) Right to Erasure: You have the right to obtain erasure of personal data in certain circumstances ("right to be forgotten"). (d) Right to Restriction of Processing: You have the right to restrict processing of your personal data in certain circumstances. (e) Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller. (f) Right to Object: You have the right to object to processing of your personal data in certain circumstances, including processing for direct marketing purposes. (g) Rights Related to Automated Decision-Making: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except in certain circumstances. To exercise these rights, please contact us at support@fenceline.ai. You also have the right to lodge a complaint with a supervisory authority.

Section 22.4 Data Retention After Termination

Upon termination of your account, Fenceline will retain your personal information only as necessary to: (a) comply with legal obligations; (b) resolve disputes and enforce agreements; (c) maintain security and fraud prevention records; and (d) complete any pending transactions. You may request deletion of your data in accordance with the rights described above, subject to these retention requirements.

Section 22.5 International Data Transfers

If you are located outside the United States, your personal information may be transferred to, stored, and processed in the United States or other countries where Fenceline or its service providers maintain facilities. By using the Platform, you consent to such transfer, storage, and processing. Where required by applicable law, Fenceline will implement appropriate safeguards for international data transfers, such as Standard Contractual Clauses.

ARTICLE XXIII: BETA FEATURES AND PREVIEW SERVICES

Section 23.1 Beta Features

Fenceline may, from time to time, offer certain features, tools, or services that are designated as "beta," "preview," "early access," "experimental," or similar designations ("Beta Features"). Beta Features are provided for testing and evaluation purposes and may not be fully functional, stable, or complete.

Section 23.2 Voluntary Participation

Participation in Beta Features is voluntary. By opting to use any Beta Feature, you acknowledge and agree to the additional terms in this Article.

Section 23.3 Beta Feature Disclaimers

IN ADDITION TO THE DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS, BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. FENCELINE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY OF BETA FEATURES. BETA FEATURES MAY CONTAIN BUGS, ERRORS, OR DEFECTS THAT COULD CAUSE DATA LOSS, SYSTEM FAILURES, OR OTHER PROBLEMS.

Section 23.4 Changes and Discontinuation

Fenceline reserves the right to modify, suspend, or discontinue any Beta Feature at any time, without notice and without liability. Beta Features may be changed substantially before general release, or may never be released generally. Fenceline has no obligation to provide any Beta Feature beyond the beta period or to release a generally available version.

Section 23.5 Feedback on Beta Features

If you provide feedback regarding Beta Features, such feedback shall be governed by Section 10.5 (Feedback). Fenceline may use such feedback to improve the Beta Features or develop other products and services without compensation to you.

Section 23.6 Confidentiality of Beta Features

Certain Beta Features may be designated as confidential. If you are granted access to confidential Beta Features, you agree not to disclose or discuss the existence, features, functionality, or performance of such Beta Features with any third party without Fenceline's prior written consent.

Section 23.7 Data in Beta Features

Data entered into or generated by Beta Features may not be preserved, migrated, or available after the beta period ends. Users are solely responsible for maintaining backups of any data used in connection with Beta Features. Fenceline is not responsible for any data loss associated with Beta Features.

Section 23.8 Limitation of Liability for Beta Features

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, FENCELINE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO BETA FEATURES SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

ARTICLE XXIV: CONTACT INFORMATION

If you have any questions, concerns, or requests regarding these Terms, please contact us at: Fenceline, Inc. 1111b South Governors Avenue STE 23921 Dover, DE 19904 United States Email: support@fenceline.ai Website: https://fenceline.ai

ARTICLE XXV: ACKNOWLEDGMENT

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF

SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FENCELINE AND THAT THESE TERMS SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND FENCELINE RELATING TO THE SUBJECT MATTER OF THESE TERMS.

END OF TERMS OF SERVICE

Document Version 1.0

Date: 1/5/26

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