Terms of Service

CORETAP

TERMS OF SERVICE

A Product of Delta Kinetics LLC

Effective Date: March 24, 2026

Last Updated: March 24, 2026

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") govern your access to and use of the CoreTAP platform ("Platform"), a product of Delta Kinetics LLC, a Texas limited liability company ("Company," "we," "us," or "our"). By accessing, browsing, or using the Platform, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity.

These Terms are supplemental to and incorporated by reference into the CoreTAP Master Subscription Agreement. In the event of a conflict between these Terms and the Master Subscription Agreement, the Master Subscription Agreement shall control.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

2. ELIGIBILITY

You must be at least eighteen (18) years of age and have the legal capacity to enter into binding agreements to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements. The Platform is intended for use by businesses operating in the United States. Company makes no representations that the Platform is appropriate or available for use in other jurisdictions.

3. ACCOUNT RESPONSIBILITIES

3.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including passwords, API keys, and any access tokens. You agree to notify Company immediately of any unauthorized use of your account or any other security breach. Company shall not be liable for any loss or damage arising from your failure to secure your account.

3.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. Company reserves the right to suspend or terminate accounts that contain inaccurate or incomplete information.

3.3 Account Sharing

Account credentials are issued to specific individuals and may not be shared. Customer may create additional Authorized User accounts as permitted by their Subscription Tier. Each individual accessing the Platform must use their own credentials.

4. ACCEPTABLE USE POLICY

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall NOT:

(a) Use the Platform in any manner that violates any applicable federal, state, local, or international law or regulation, including without limitation the Texas Deceptive Trade Practices Act, the Computer Fraud and Abuse Act, or any data protection law;

(b) Use the Platform to harass, abuse, defame, threaten, or intimidate any person, including employees whose data is analyzed by the Platform;

(c) Use Intelligence Outputs from the Platform as the sole basis for terminating, disciplining, or taking legal action against any employee without independent investigation and verification;

(d) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, its servers, or any connected systems;

(e) Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without Company’s express written permission;

(f) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(g) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, scoring methodologies, or analytical frameworks of the Platform;

(h) Copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Platform or any content therein;

(i) Use the Platform to develop or operate a competing product or service, or provide data, analysis, or Intelligence Outputs to a competitor of Company;

(j) Remove, alter, or obscure any copyright, trademark, or other proprietary notice displayed on the Platform;

(k) Use the Platform in any way that could disable, overburden, damage, or impair the Platform or interfere with any other user’s use;

(l) Share, publish, or distribute Intelligence Outputs, scoring data, or fraud indicators to any party outside your organization, including on social media, review sites, or public forums, without Company’s prior written consent;

(m) Use Intelligence Outputs to discriminate against any employee or customer on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic; or

(n) Misrepresent your identity, affiliation, or the source of any data provided to the Platform.

5. PLATFORM AVAILABILITY

5.1 Uptime

Company will use commercially reasonable efforts to maintain Platform availability. However, the Platform may be temporarily unavailable due to scheduled maintenance, system updates, or circumstances beyond Company’s control. Company does not guarantee any specific uptime percentage and shall not be liable for any downtime or service interruption.

5.2 Modifications

Company reserves the right to modify, update, or discontinue any features or functionality of the Platform at any time, with or without notice. Company shall not be liable for any modification, suspension, or discontinuance of the Platform or any feature thereof.

5.3 Third-Party Dependencies

The Platform relies on third-party services including POS system APIs, cloud hosting infrastructure, payment processors, and other services. Company is not responsible for the availability, reliability, or performance of these third-party services.

6. INTELLECTUAL PROPERTY

6.1 Company Ownership

The Platform, including all content, features, functionality, software, algorithms, analytics methodologies, scoring systems, visual design, text, graphics, logos, trademarks, and trade dress, is owned by Company and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The CoreTAP name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company.

6.2 Limited License

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes during your active subscription.

6.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Platform, except as incidental to normal Platform use (e.g., browser caching, printing reports for internal use).

7. USER CONTENT AND DATA

7.1 Responsibility

You are solely responsible for all data, information, and content you transmit to or through the Platform ("User Content"). You represent and warrant that you own or have the necessary rights to provide User Content and that such content does not violate any third-party rights.

7.2 License Grant

By providing User Content, you grant Company a limited, non-exclusive license to process, analyze, store, and display such content solely to provide and improve the Platform services. This license terminates upon deletion of your account, subject to reasonable backup and retention periods.

7.3 Aggregated Data

Company may collect, aggregate, and anonymize data derived from your use of the Platform. Such aggregated, anonymized data shall not identify you or any individual and may be used by Company for any business purpose, including product improvement, benchmarking, research, and marketing.

8. THIRD-PARTY LINKS AND SERVICES

The Platform may contain links to third-party websites or services. Company does not control and is not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Company shall not be liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services.

9. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE PLATFORM, OR THE RELIABILITY OF ANY INTELLIGENCE OUTPUTS. TO THE FULL EXTENT PERMISSIBLE BY TEXAS LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

WITHOUT LIMITING THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY THE PLATFORM, INCLUDING BUT NOT LIMITED TO EMPLOYMENT DECISIONS, FINANCIAL DECISIONS, OPERATIONAL CHANGES, MENU CHANGES, STAFFING DECISIONS, OR ANY OTHER BUSINESS DECISIONS.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its officers, directors, members, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Platform, or your violation of any rights of a third party.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved in accordance with the dispute resolution provisions set forth in the Master Subscription Agreement, including mandatory binding arbitration in Harris County, Texas, class action waiver, and prevailing party attorneys’ fee provisions.

13. TERMINATION

Company may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. MODIFICATIONS TO TERMS

Company reserves the right to revise and update these Terms at any time. Changes will be effective upon posting to the Platform or notification via email. Your continued use of the Platform after changes are posted constitutes acceptance of the modified Terms. If you do not agree to modified Terms, you must discontinue use of the Platform.

15. ELECTRONIC COMMUNICATIONS

By using the Platform, you consent to receive electronic communications from Company, including emails, in-app notifications, and other electronic messages. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

16. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and the remaining provisions will continue in full force and effect.

17. WAIVER

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

18. ENTIRE AGREEMENT

These Terms, together with the Master Subscription Agreement, Privacy Policy, and Data Processing Agreement, constitute the sole and entire agreement between you and Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

19. CONTACT INFORMATION

For questions about these Terms, contact:

Delta Kinetics LLC

Houston, Texas

Email: legal@deltakinetics.io

Matt Herrera, PhD — CEO & Founder