Climb Analytics Pilot and Beta Agreement

Effective date: July 10, 2026

This Pilot and Beta Agreement governs invite-only pilot or beta access to Climb Analytics, including the web application, dashboards, reports, data integrations, forecasts, benchmarking, beta features, data products, and related support services.

0. Parties

This agreement is a binding agreement between you and the customer organization that granted you access ("Customer"), on the one hand, and Climb Analytics, LLC, a Georgia limited liability company in formation (together with its promoters and, upon formation, the formed company, "Climb Analytics," "we," "us," or "our"), on the other. Climb Analytics is in the process of organizing as a Georgia limited liability company. Until that organization is complete, the Climb Analytics service is provided by its organizer(s) and operating affiliate, who intend that the Climb Analytics, LLC entity, once formed, will adopt and assume this agreement as provided in the "Adoption on formation; assignment" section below. Notices to Climb Analytics must be sent to legal@climb-analytics.com, Attn: Legal.

1. Invite-only pilot

Pilot and beta access is invite only. Access is provided to selected organizations and users so Climb Analytics can validate workflows, improve the product, fix bugs, and learn from real customer feedback before broader commercial availability.

Unless a separate written agreement, order form, or written invitation specifies a different period, the pilot period lasts the number of days stated in your organization's pilot invitation or order form (and, if none is stated, one hundred twenty (120) days) from the date Climb Analytics first enables the pilot organization for production-like use. Climb Analytics may extend or shorten the pilot period in writing.

2. No-charge access during pilot

During the pilot period described in Section 1, the customer may use the available Climb Analytics system without subscription charge. No-charge pilot access does not include paid custom development, professional services, third-party fees, data-source fees, or other out-of-pocket costs unless Climb Analytics agrees in writing.

Continued use after the pilot period may require a paid subscription, order form, invoice, or other written commercial agreement. Climb Analytics may end or extend pilot access in writing.

3. Full system use and limitations

Pilot users may use the available system for internal business evaluation and ordinary business review for the organization that granted access. Pilot access is not a promise that every feature will remain available, unchanged, or production-ready.

Beta features may be incomplete, experimental, or changing. Climb Analytics may modify, remove, replace, throttle, or suspend beta functionality as needed for security, stability, product direction, or support.

4. Feedback, bug fixes, and product development

Customer feedback is essential to the pilot. Users may submit feedback requests, feature requests, workflow observations, bug reports, data-quality concerns, screenshots, notes, and other input.

Climb Analytics may use that feedback without restriction or obligation to build, improve, commercialize, or modify the platform, analytics models, benchmarks, workflows, support processes, documentation, and related products. Climb Analytics will decide which feedback to implement and when.

Climb Analytics will make commercially reasonable efforts to fix material bugs discovered during the pilot, but the pilot does not create a guaranteed service level, response time, roadmap commitment, or custom-development obligation.

5. Customer data and connected systems

Your organization is responsible for the accuracy, legality, permissions, and configuration of data supplied to Climb Analytics, including data from field-service management, customer-communication and reputation, payroll and HR, and accounting systems, along with spreadsheets and other connected systems.

Your organization authorizes Climb Analytics to collect, ingest, transform, store, process, analyze, display, and transmit that data as needed to provide the pilot, support the organization, troubleshoot issues, maintain security, improve the service, and develop analytics products.

6. Data products, benchmarking, and derived analytics

Climb Analytics is a data and analytics company. Customer source data remains the customer's data, but Climb Analytics may create metrics, models, benchmarks, scores, forecasts, aggregations, de-identified datasets, trend analyses, and other derived analytics from platform activity and connected data.

Climb Analytics may use aggregated or de-identified information that does not identify a specific customer, household, employee, consumer, or organization to improve the platform, publish benchmarks, train or tune analytical models, build new data products, produce market insights, and support commercial analytics offerings.

Climb Analytics will not sell customer-identifiable source data as a standalone data product without the customer's written agreement.

Aggregated or de-identified information will be produced only where it cannot reasonably be used to identify a specific customer, organization, household, employee, or consumer; Climb Analytics will apply commercially reasonable aggregation and small-cohort suppression and will not attempt to re-identify de-identified information.

"Transaction / Valuation Data" means M&A, transaction, capital-raising, diligence, valuation, broker, buyer, lender, bank, tax, and advisory materials and any data prepared for or derived from them — including confidential information memoranda (CIMs), data-room contents, customer-level revenue or concentration figures, payroll and compensation data, tax returns and bank statements, and vehicle VIN, plate, driver, or fleet-financing data — regardless of the system or tab through which it is supplied to or accessed within Climb Analytics.

Transaction / Valuation Data is excluded from the derived-analytics, aggregation, de-identification, benchmarking, market-insight, model-training, and data-product rights described in this section. Climb Analytics will use Transaction / Valuation Data solely to provide the requested service to the authorized Customer and its authorized recipients for the specific transaction, and will not include Transaction / Valuation Data in aggregated insights, benchmarks, marketplace or data products, model or AI training, or any external distribution, unless the Customer expressly authorizes that exact use in a separate written Data Authorization. Access by any broker, buyer, investor, lender, or external advisor requires that separate Data Authorization plus the recipient's acceptance of external-recipient terms.

7. Confidentiality and security

Each party may receive confidential information from the other. Confidential information must be protected using reasonable care and used only for pilot, support, security, product-development, or evaluation purposes.

Climb Analytics uses administrative, technical, and organizational controls designed to protect customer data. No system can be guaranteed to be error-free or immune from unauthorized access.

8. User responsibilities

You may not misuse the service, bypass access controls, scrape or export data except through authorized product workflows, interfere with platform operations, upload malicious content, or use the platform to violate law or third-party rights.

Pilot users must not rely on beta outputs as the sole basis for legal, accounting, payroll, tax, safety, employment, or other regulated decisions.

9. Disclaimers

Pilot and beta access is provided "as is" and "as available" for evaluation, feedback, and product development. Climb Analytics does not warrant that pilot access will be uninterrupted, error-free, complete, commercially available, or fit for any particular purpose.

Analytics, forecasts, benchmarks, and dashboards depend on source data quality, customer configuration, third-party API availability, and product maturity. Outputs may be incomplete or inaccurate.

10. Ownership

Customer source data remains the Customer's data. Climb Analytics owns the platform, software, workflows, documentation, models, aggregate learnings, product improvements, and other Climb Analytics technology and intellectual property. No rights are granted except the right to use the pilot as allowed by this agreement. Feedback is governed by Section 4.

11. Limitation of liability

To the maximum extent allowed by law, neither party is liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages arising from or related to the pilot.

Except for confidentiality obligations, intentional misconduct, or misuse of the service, each party's total liability for claims arising from or related to the pilot is limited to one hundred dollars.

12. End of pilot

At the end of the pilot, Climb Analytics may offer paid subscription terms, extend the pilot, suspend access, or end access. The customer may stop using the pilot at any time by notifying Climb Analytics or disabling user access.

Data return and deletion at end of pilot. Within a reasonable period after the pilot ends (and no later than thirty (30) days after Customer's written request), Climb Analytics will, at Customer's election, make available for export or delete Customer source data supplied during the pilot, except for (a) data the Customer has separately authorized Climb Analytics to retain, (b) aggregated or de-identified information that does not identify the Customer, its personnel, or its consumers, and (c) copies retained in routine backups or as required by law, which remain subject to this agreement's confidentiality and data-rights terms until deleted in the ordinary course. Transaction / Valuation Data will be returned or deleted in accordance with Section 6 and any applicable Data Authorization.

13. Electronic acceptance

By selecting accept, checking the acknowledgement, entering your name where requested, or otherwise manifesting assent through the product, you agree that your electronic acceptance is your signature. Climb Analytics may retain the accepted version, full policy snapshot, acceptance date, account identity, organization, IP address, user agent, and related audit metadata.

Authority to bind. If you are accepting this agreement on behalf of a customer organization (for example, as an owner, admin, or authorized signer), you represent and warrant that you are authorized to bind that organization to this agreement, and "you" includes that organization. If you do not have that authority, you must not accept on the organization's behalf.

14. Adoption on formation; assignment

Upon the organization of Climb Analytics, LLC as a Georgia limited liability company, Climb Analytics, LLC will be deemed to have adopted, ratified, and assumed this agreement and all rights and obligations under it, as of each Customer's original acceptance date, and will be substituted as the "Climb Analytics" party. You consent in advance to that adoption and to Climb Analytics' assignment of this agreement to Climb Analytics, LLC (or to any successor entity in a reorganization, financing, or sale of substantially all assets), and no further signature or re-acceptance is required for that substitution to take effect. Climb Analytics will make the formed entity's legal name and registered office available on request and in the then-current published agreement.

15. General

Governing law; venue. This agreement is governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to this agreement or the service is the state or federal courts located in Georgia, and each party consents to personal jurisdiction there.

Time to bring claims. Except where prohibited by law, any claim arising out of or relating to this agreement or the service must be brought within one (1) year after the claim accrues, or it is permanently barred.

Entire agreement. This agreement, together with any order form, written invitation, or separate written agreement referenced here, is the entire agreement between the parties about the pilot and supersedes all prior or contemporaneous understandings about that subject.

Severability. If any provision of this agreement is held unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will remain in full force.

Survival. Sections concerning ownership and intellectual property, data rights, confidentiality, disclaimers, limitation of liability, dispute resolution, and audit records survive expiration or termination of this agreement.

Precedence. If this agreement conflicts with Climb Analytics' published website Terms of Use, this agreement controls for your authenticated pilot use of the Climb Analytics application; the website Terms of Use control for use of the public website. If a signed order form or separate written agreement conflicts with either, that signed agreement controls for the conflicting subject.

Questions? Contact us at legal@climb-analytics.com.