Last updated: 16 Feb 2024

These terms and conditions (“Terms”) together with any additional agreements (“Agreements”) form a legal agreement between you (“you” or “Customer”) and PATHWAY RESEARCH SOLUTIONS LTD, a private limited company registered in London, England with company number 14925007 and having its registered office at 8690 Paul Street, London, England, EC2A 4NE (“Pathway”, “us”, “we” or “our”) relating to your use of the services provided via our website (the “Services”): pathway.cc, or any of its subdomains. BY USING THE SERVICES OR ELECTRONICALLY ACCEPTING THESE TERMS, YOU AGREE TO THESE TERMS ON BEHALF OF THE APPLICABLE COMPANY, ENTITY OR OTHER ORGANISATION THAT IS DESIGNATED AS THE CUSTOMER AT THE TIME OF REGISTRATION, AND YOU ACKNOWLEDGE AND AGREE THAT ALL REFERENCES TO “YOU” OR “CUSTOMER” IN THESE TERMS WILL BE DEEMED TO INCLUDE SUCH COMPANY, ENTITY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PROCEED TO USE THE SERVICES. YOU HEREBY REPRESENT AND WARRANT THAT YOU 1 WISH TO USE THE SERVICES ON BEHALF OF, OR WITHIN YOUR CAPACITY AS, A REPRESENTATIVE, AGENT OR EMPLOYEE OF THE ENTITY THAT IS DESIGNATED AS THE CUSTOMER AT THE TIME OF REGISTRATION OR SUBMISSION OF THE APPLICABLE ORDER AND 2 HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF THE CUSTOMER. THE SERVICES ARE INTENDED FOR USE BY CUSTOMER IN A COMMERCIAL OR PROFESSIONAL CAPACITY, AND ARE NOT INTENDED FOR CONSUMERS OR IN A PERSONAL CAPACITY. YOU HEREBY REPRESENT AND WARRANT TO PATHWAY THAT YOU ARE ENTERING INTO THESE TERMS, AND INTENDING TO USE THE SERVICES, SOLELY IN A COMMERCIAL OR PROFESSIONAL CAPACITY.

1. Agreed Terms General Acknowledgments Updates: From time to time we may automatically update our Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to agree to any additional terms which apply to such update or new service, you may not be able to continue using the Services. Changes to Terms: We reserve the right to revise these Terms from time to time in our sole discretion, for example to reflect changes in law or best practice, or to deal with additional features, services, subscriptions or applications which we introduce. Where the changes increase your obligations or limit your rights, we will give you notice in advance of such changes by sending you an email (if we have an email address on record) or by notifying you of a change when you next log in as applicable. We may require you to provide consent to the updated Terms before further use of the Services is permitted. If you do not accept the notified changes, you must let us know immediately in writing by emailing us at the address set out in section 11 “Contact” of these Terms. In such case, you will not be permitted to continue to use the Services. If you have paid for a subscription account, we will refund you any unused Fees as at the date of effective termination within a reasonable period of time. The Website may have links to other third-party websites and applications ("Third-party Sites"). We do not control Third-party Sites, and we do not endorse their content or terms. You should use your own judgement when interacting with Third-party Sites, including purchasing and using any products or services offered by them. 2. Account Creation and Management In order to create an account to use our Services, you must be at least 18 years old.
You must always provide accurate and up-to-date information. Please note that the email address you provide when you create your account will be used by us

to contact you as required under these Terms. You must let us know as soon as possible if any such information becomes out of date. You must not disclose any username, password, or other piece of information used as part of our security procedures. Such information is to be treated as confidential. If you suspect that anyone other than you knows your username or password, you must promptly notify us. You are responsible for any use of the Services which occurs under your account, whether by you or another person. 3. Tests and Testers You can create interactive tests and surveys on the Website called "Tests" and align them with organisational folder-like entities known as "Projects". You can import any mobile, tablet or desktop prototype (“Prototype”) via prototyping tools specified on the Website (“Prototyping Tools”) for use inside a Test, as well as other types of graphic or text assets (images, texts). You must have all permissions and licences required to import and use the Prototype or any other assets with the Services. Pathway Research Solutions may, from time to time, make available Third Party Sites to assist you in sourcing testers to submit answers to your Test. Any arrangement for the supply of testers provided by the Third Party Site will be between you and the relevant Third party Site. Pathway Research Solutions shall not be responsible for sourcing testers and takes no responsibility for the supply of, or conduct of, any testers, unless it is explicitly mentioned in any additional Agreements. 3. Use of Services Permitted Use of Services Access to Service: In return for you agreeing to comply with these Terms, and the payment of any applicable Fees, Pathway grants you a non-exclusive,

non-transferrable, non-sublicensable right to permit its employees, agents, independent contractors ("Authorised Users") or authorised third-party collaborators ("Collaborators") to access and use the Services for your own internal business purposes or for the business purpose of your customers and in accordance with any restrictions contained within any of your additional Agreements. You shall ensure that all Authorized Users and Collaborators use the Service strictly in accordance with these Terms and shall be responsible for any breach of these Terms by the Authorized Users and Collaborators. Each individual must have their own account and individuals may not share their login identity credentials with others. Restrictions: You agree that you will not:
Sell, rent, lease, sublicense, loan, provide, or otherwise make available, the Services in any form to any person without our prior written consent; Copy, edit, translate, adapt, merge, or make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of it to be combined with, or become incorporated in, any other programs; Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing, except to the extent that such actions are permitted by applicable law; Use the Services in a manner or for any purpose that is not expressly permitted under these Terms or applicable law or which otherwise infringes the intellectual property rights in the Services. You also must not: Use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, into the Services; Infringe our intellectual property rights or those of any third party in relation to your use of the Services; Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Services;

Use the Services in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; Collect or harvest any information or data from the Services or attempt to decipher any transmissions to or from the servers running them. Support: Pathway shall provide commercially reasonable technical and product support to its users. Support shall only be available in the English language, unless otherwise stated in any additional Agreements. Any support provided does not include any training services, unless otherwise stated in any additional Agreements. Pathway shall have no obligation to provide support in connection with any error that arises from: (i) use of the Services in a manner other than described in these Terms; (ii) failure by you to implement reasonable recommendations in respect of the Services; (iii) API integration issues or internet service provider failures. Provision of support as described in this section is your sole remedy with respect to the support of the Services and Pathway shall have no other liability or obligation to you with respect to any errors. 4. Payments and Accounts Fees: You hereby agree to pay applicable fees for your use of the Services, which fees will be calculated by reference to the information available on our website (the “Fees”). You acknowledge that any applicable Fees are based on Services ordered and are due irrespective of whether or not you utilise the Services. Payment obligations are non-cancellable and Fees paid are non-refundable, except as otherwise expressly indicated in these Terms. All payments shall be made in the currency in which they are invoiced. Taxes: The Fees and any additional sums payable hereunder are exclusive of any and all relevant taxes, including sales tax which shall be paid by you at the rate and in the manner for the time being prescribed by law. If we have a legal obligation to pay or collect tax for which Customer is responsible, we will calculate the tax based upon the billing information we have about Customer and charge Customer that amount, unless Customer timely provides us with a valid tax exemption certificate acceptable to the appropriate taxing authority. Late Payment: We reserve the right to charge you interest in respect of the late payment of any sums due at the rate of 3.5% per annum above the base rate from time to time of the Bank of England, accruing from the due date thereof until payment. We may also suspend the performance of the Services until full payment has been received.

Accounts: In order to access the Services, you will need to create an account via our website. From time to time, you may be given the option to purchase a subscription account which will allow you to access and use additional features or services on the website. For more details on subscription accounts, including the price and period of the subscription, please visit our website. Automatic Renewal: Subscription accounts will automatically renew at the end of the disclosed period, unless cancelled in accordance with the instructions for cancellation. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new subscription period, unless cancelled. Fees for any renewal subscription period may be changed, and changes will be communicated to you in advance. By choosing an automatically renewing subscription plan, you acknowledge that such Services have recurring payment features and accept responsibility for all recurring Fees prior to cancellation. Changes to Subscription Account Fee: We reserve the right to change the fee and payment plans from time to time. The process set out in Section 1 under the heading "Changes to Terms", including notice in advance and cancellation by you if you do not agree to the change, will similarly apply here. Unless we notify you otherwise, changes for paid subscriptions will take effect at the start of the next subscription period and your continued use of the Services after the effective date of the price change will be deemed acceptance. If you do not agree with the price changes you will have the right to unsubscribe by notifying us in writing prior to the price change taking effect. 5. Intellectual Property Rights Customer Content: Pathway acknowledges that all of your intellectual property rights in the data, materials, and content provided by you or your Authorized Users or Collaborators to Pathway (collectively, “Customer Content”) shall remain yours. You shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Content. To the extent necessary, you hereby grant to Pathway a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content solely to the extent necessary for the purpose of providing and operating the Services. Pahtway’s Content: All intellectual property rights in the Services, including

any software, documentation, and other materials provided by Pathway, and any enhancements, modifications, or additions thereto, are owned by or licensed to Pathway. Except as expressly stated herein, these Terms do not grant you any rights to, under, or in, any such intellectual property rights or any other rights or licences in respect of the Services or any related documentation. Feedback: Any feedback, comments, ideas, improvements, or suggestions (collectively, "Feedback") provided by you to Pathway regarding the Services shall remain the sole and exclusive property of Pathway. Pathway shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you. Use of Trademarks: Unless you have obtained permission, you shall not use the Pathway name, logos, or trademarks in any way. Pathway’s trademarks and third-party trademarks used in connection with the Services are the property of their respective owners. 8. Confidentiality and data protection Confidential Information: Both parties agree that the customer's data, including but not limited to, any personal data, business information, and other sensitive information shared during the use of the Services, shall be considered confidential information. Similarly, the Services and any related technical and business information provided by Pathway constitute confidential information. Each party agrees to treat such information with the same degree of care as it treats its own confidential information, which in no case shall be less than reasonable care. Use of Confidential Information: The receiving party agrees to use the confidential information solely for the purpose of executing its obligations and exercising its rights under these Terms. The confidential information may only be disclosed to employees, agents, or third parties to the extent necessary and under a duty of confidentiality. Compelled Disclosure: If either party is compelled by law to disclose confidential information, it must provide the other party with prompt notice to allow the disclosing party a chance to contest the disclosure, unless legally prohibited.

Pathway will collect, store and use your personal information in accordance with our Privacy Policy (https://pathway.cc/privacy-policy.pdf). Data Protection: Pathway commits to protecting the privacy and security of the customer’s data in accordance with applicable data protection laws. Pathway will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. Customer Responsibilities: The customer is responsible for ensuring that the data they provide or use in connection with the Services is collected and processed in accordance with applicable data protection laws. This includes obtaining all necessary consents and authorizations from data subjects as required. Survival: The obligations of confidentiality shall survive the termination or expiration of these Terms. 9. Limitation of liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, WE MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES EXPRESSED OR IMPLIED OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY OF RESULTS, OR ARISING FROM COURSE OF DEALING, USAGE, TRADE OR RELIANCE. Aggregate Liability and Exclusions of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PATHWAY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, TREBLE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOSS OF USE, DATA, BUSINESS, OR PROFITS WHETHER DIRECT OR INDIRECT, IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PATHWAY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE USE OF ANY SERVICES, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO PATHWAY

IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. No Liability for Events Outside our Control: If our provision of the Services, including any update, is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received. Availability of Services: Whilst Pathway shall provide all Services with reasonable skill and care, we do not warrant that the Services will always be available, uninterrupted or error-free, but only to the extent permitted by law. What we will always be responsible for: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence or for fraud or fraudulent misrepresentation. Suitability of the Services: The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements. You agree that you are solely responsible for the results obtained from the use of the Services and for conclusions drawn from such use. Please Back-Up Content and Data Used with the Services: We recommend that you back up any content and data which you use in connection with the Services to protect yourself in case of problems with the Services. You are responsible for the input and maintenance of the Tests and Projects (and all content contained therein) and for maintaining effective back-up procedures as may be necessary to replace any Tests in the event of loss or damage regardless of cause.

10. Term and termination If not stated otherwise in your Agreement, we can terminate these Terms and suspend your access to the Services immediately by giving you written notice. This can happen if you seriously violate these Terms (as determined by us) or if we suspect such a violation. We can also take these actions if you suffer an insolvency event or if we need to protect the integrity or security of our systems. If your actions can be corrected, we will give you a reasonable chance to do so. On termination for any reason: 1. Your rights granted under these Terms will be terminated, and you must promptly stop using the Services. 2. Your accounts may be deactivated. You can terminate your account anytime by contacting us through the email address mentioned in the "Contact" section. Please note that any payments made for paid subscriptions are non-refundable. If you terminate your account before the end of a subscription period, you will still be responsible for paying the full amount for that period. 11. Contact To contact us or provide written notice as required by these Terms, you can email us at legal@pathway.cc. If we need to contact you or give you written notice, we will use the email address you have provided. 12. General terms Transferring rights: We may assign or transfer our rights and obligations under these Terms to a third party, but this will not affect your rights under these Terms. You may only assign or transfer your rights or obligations under these Terms to another person if we agree in writing.

Failure or delay in enforcing rights: If we don't enforce our rights against you or if we delay doing so, it doesn't mean we've given up our rights or that we can't exercise them later. If we do waive a default by you, we will only do so in writing. No one else besides you and Pathway Research Solutions has rights under these Terms. Export Controls: Customer agrees that Customer will not, and will ensure that its Authorised Users and Collaborators will not, directly or indirectly, export or re-export, or knowingly permit the export or re-export of, the Services or any technical information about the Services to any country for which such export or re-export is restricted by any applicable regulation or statute. Customer hereby represents and warrants that: (a) Customer is not located in a country that is subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties or territories, including any such lists maintained by the United Nations, the UK Government, the US Government, the European Union or any of its member states; and (b) Customer is not listed on any list of prohibited or restricted parties. Severability: Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in these Terms. Applicable Law and Place of Legal Proceedings: These Terms are interpreted and upheld in accordance with the laws of England and Wales, without reference to its conflicts of law principles. All claims relating to or arising out of these Terms, regardless of legal theory, shall be subject to the exclusive jurisdiction of the courts of London, England. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.