TRISMIK QUICKCOMPARE PLATFORM TERMS AND CONDITIONS

INDIVIDUAL USE

Effective Date: April 24, 2026

These Trismik QuickCompare Platform Terms and Conditions – Individual Use (Terms) along with your Order form the agreement between you and Trismik for the supply of the Services (Agreement).

Who these Terms apply to: These Terms apply to you if you are an individual signing up and paying personally for the Services using a personal payment method, whether or not you use the Services for professional or work-related purposes (such as research, consulting, or product development). If you are signing up on behalf of a company, university, or other organisation, or if you pay using a corporate or company credit card, the Trismik QuickCompare Platform Terms and Conditions – Business Use apply instead.

Please read these Terms very carefully, in particular the sections titled "Your Right to Change Your Mind", "Fees and Payment" (automatic renewal payments), "Limitation of Liability", "Term, Suspension and Termination" (automatic renewal after Initial Term), "General" (changes to this Agreement), and "Model Cancellation Form".

DEFINITIONS AND INTERPRETATION

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Business Hours: 9.00 am to 5.00 pm local UK time, each Business Day.

Customer Data: the data inputted by you or Trismik on your behalf (including where such data is generated or provided by software that you are testing as part of using the Services) for the purpose of using the Software or facilitating your use of the Services.

Effective Date: the date when the Agreement is formed in accordance with clause 2.3.

Evaluation Run: an evaluation of one or more LLM models using the Services, as further described on the Trismik website.

Feedback: all current and future suggestions, comments or other feedback regarding the Services provided by you.

Fees: the fees payable by you to Trismik for the Services, as set out in the Order and confirmed in Trismik's acceptance of such Order pursuant to clause 2.3.

Initial Term: the initial term for use of the Services as confirmed in Trismik's acceptance of such Order pursuant to clause 2.3, or where you upgrade from a Free Service, as confirmed in Trismik's confirmation email pursuant to clause 5.1.

LLM Provider: a third-party provider of large language models whose services are accessed through the Software, including but not limited to OpenAI, Anthropic, Google, Meta, Mistral, Cohere, Amazon, and others as listed on the Trismik website from time to time.

Order: the order submitted by you to Trismik via the Trismik website which relates to the Services and is subject to these Terms.

Platform Output: any output, logs or reports from the Software created by you using the Services (but expressly excluding any Customer Data).

Renewal Term: the period described in clause 16.1.

Restricted Entities: those entities with which Trismik is prohibited from trading pursuant to its investor agreement with Cambridge Enterprise Limited, as notified to you by Trismik from time to time.

Sanctions: means where you: (i) are, or any of your directors, owners or controllers are, on a sanctions list of the UK, EU, UN, US or any other relevant body or jurisdiction; (ii) supply or purchase products, goods or services to or from persons in countries or regions where such activities are either prohibited or restricted by sanctions; or (iii) are located or have any known operations in a country subject to comprehensive/country-wide sanctions.

Service Plan: the plan offered by Trismik, details of which can be found on the Trismik website (https://trismik.com/pricing), including Tier 0 (Free) and Tier 1 (Starter).

Services: the services provided by Trismik to you under this Agreement and identified in the Order (including the QuickCompare evaluation platform, Ziggy AI assistant, and adaptive testing services).

Software: the software applications used by Trismik to deliver the Services.

Term: the duration of this Agreement which shall commence on the Effective Date, and continues and terminates in accordance with clause 16.1.

Trismik: Trismik Ltd, a private limited company registered in England and Wales with company number 16205229, whose registered office is at Future Business Centre, Kings Hedges Road, Cambridge, England, CB4 2HY.

Trismik Terms of Use: the terms of use which are accessible at www.trismik.com/terms.html, as updated by Trismik from time to time.

Usage Credits: prepayment credits purchased by you from Trismik which entitle you to use the Services. The terms on which Usage Credits are purchased and consumed, the Service Fee structure, and the operating modes available are set out in Schedule 1 (Commercial Terms).

User Subscription: the user subscription provided to you pursuant to this Agreement which entitles you to access and use the Services in accordance with this Agreement.

Ziggy: Trismik's AI-powered customer assistant integrated throughout the QuickCompare platform, which helps you onboard evaluation data, guides you through the model comparison process, and provides insights based on your results.

A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement.

PLACING YOUR ORDER

• 1. You must follow the onscreen prompts to place the Order. You may only submit an Order using the method set out on the Trismik website. Each Order is an offer by you to buy the Services specified in the Order subject to these Terms.
  2. The ordering process allows you to check and amend any errors before you submit the Order to Trismik. You need to check the Order carefully before confirming it and are responsible for ensuring that the Order is complete and accurate.
  3. You warrant and represent that: (a) the information provided as part of the Order is correct; (b) the person submitting the Order has authority to bind you and enter into the Agreement; (c) you are not subject to any Sanctions you are not a Restricted Entity and will not use the Services in connection with any Restricted Entity; and (d) you are paying using a personal payment method (not a corporate or company credit card). If you pay using a corporate or company credit card, the Trismik QuickCompare Platform Terms and Conditions – Business Use shall apply to your use of the Services.

ACCEPTANCE OF YOUR ORDER

• 1. Acceptance by Trismik of the Order takes place when Trismik sends an activation email to you to confirm acceptance, at which point this Agreement will come into existence (Effective Date).

YOUR RIGHT TO CHANGE YOUR MIND

• 1. You have the right to change your mind about the purchase of the Services and receive a refund of what you have paid for the Services, provided that you notify Trismik no later than fourteen (14) days: (a) after the day Trismik confirmed that Trismik has accepted the Order in accordance with clause 2.3 (i.e. no later than fourteen (14) days after the Effective Date); or (b) after the day Trismik confirmed the variation to the Service Plan pursuant to clause 5.1; or (c) from the commencement of any Renewal Term (if applicable).
  2. This right applies in addition to your contractual right to terminate this Agreement prior to the expiry of the Initial Term or relevant Renewal Term in accordance with clause 16.1.
  3. To notify Trismik that you have changed your mind, you must provide Trismik with a clear statement that you have changed your mind. You can use the model cancellation form set out in clause 19.11, but you are not required to do so. You can contact Trismik using the cancellation process within the account settings.
  4. Trismik will not refund you for the time you have been using the Services before you told Trismik that you have changed your mind, but Trismik will refund the remainder of the Fees using the same method you used for payment.
  5. Trismik does not charge a fee for the refund.

USER SUBSCRIPTIONS

• 1. Subject to the restrictions set out in this clause and the other terms and conditions of these Terms, Trismik hereby grants to you a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to use the Services in accordance with the Service Plan and the Platform Output (except to the degree that such Platform Output includes Customer Data) during the Term solely for your personal use.
  2. You shall: (a) not allow or suffer any User Subscription to be used by anyone else; (b) keep a secure password for your use of the Services and keep your password confidential; and (c) comply at all times with the Trismik Terms of Use. The rights provided under this Agreement are granted to you only and are personal to you.

PROHIBITED ACTIVITIES

• 1. You shall not: (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement: (i) attempt to copy, modify, enhance, make error corrections to, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software or Services (as applicable) in any form or media or by any means; or (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or the Services; or (iii) conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Software and/or the Services, except to the extent that you may use analyse the Platform Outputs as an intended purpose of receiving the Services; (b) access all or any part of the Services in order to build a product or service which competes with the Services; (c) use the Services to provide services to third parties; (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; (e) attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this clause 3; (f) introduce or permit the introduction of, any Virus or vulnerability into the Services or Trismik's network and information systems; and (g) without limiting the generality of any of the foregoing, not take any action to harvest any underlying data or databanks from the Software and shall only use the Services and the Platform Output for your personal use in accordance with this Agreement (and pursuant to clause 14, you acknowledge that such data or databanks are Trismik's Confidential Information) (h) upload, store, distribute or transmit any viruses, malware, or other harmful code; use the Services to upload, process or distribute any content that is unlawful, harmful, defamatory, obscene, infringing, harassing, discriminatory, or otherwise illegal. Trismik reserves the right, without liability or prejudice to its other rights, to disable your access to the Services if you breach the provisions of this clause.

SECURITY

• 1. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services, including but not limited to by any third party, and, in the event of any such unauthorised access or use, promptly notify Trismik.

FREE SERVICE

• 1. Where you register for a Free Service under Tier 0, the relevant Service Plan will be made available to you free of charge until you have used all free credit made available under the relevant Service Plan or twelve (12) months of inactivity, whichever is earlier.

UPGRADE TO SERVICE PLAN AND PURCHASE OF ADDITIONAL USAGE CREDITS

• 1. Subject to the appropriate fee being paid, you may, from time to time during the Term: (a) upgrade your Service Plan; or (b) purchase additional Usage Credits on top of your existing Service Plan. The variation to your Service Plan shall be confirmed by email by Trismik. Trismik shall activate the new Service Plan and credits immediately after payment has been received from you.
  2. If the new Service Plan is purchased by you: (a) part way through the Initial Term or any Renewal Term (as applicable), such fees shall be pro-rated from the date of activation by Trismik for the remainder of the Initial Term or then current Renewal Term (as applicable); or (b) while using a Free Service, the Initial Term shall commence when Trismik sends the confirmation pursuant to clause 5.1 and references in this Agreement to Initial Term and Renewal Term shall be construed accordingly.
  3. Your right to change your mind in accordance with this Agreement applies for a period of fourteen (14) days from Trismik sending the confirmation email relating to your service.

USAGE CREDITS, SERVICE FEES AND OPERATING MODES

• 1. The terms on which Usage Credits are purchased and consumed, the Service Fee structure, the operating modes (Resale Mode and BYOK Mode), and related commercial provisions are set out in Schedule 1 (Commercial Terms) which forms part of this Agreement.
  2. You acknowledge and agree that you have read and understood Schedule 1 and agree to be bound by its terms.

SERVICE AVAILABILITY

• 1. Trismik shall use commercially reasonable endeavours to make the Services available twenty-four (24) hours a day, seven (7) days a week, except in the event of scheduled or emergency maintenance.

DATA PROTECTION

• 1. It is important to Trismik to protect your personal data. Trismik's privacy policy explains what information Trismik collects from you, how and why it collects, stores, uses and shares such information, your rights in relation to it and how to contact Trismik and supervisory authorities if you have a query or complaint.
  2. You should not include any personal data in the Customer Data unless you have lawful authority to process such data. If the Customer Data or Platform Output includes any personal data, you shall immediately delete the applicable personal data from the Software using the functionality provided by the Services. If you are unable to delete any such personal data, you shall immediately notify Trismik. Trismik shall have no liability in respect of any personal data included in the Customer Data.
  3. You acknowledge that evaluation prompts and Customer Data may be transmitted to third-party LLM Providers selected by you (e.g., OpenAI, Anthropic, Google, Meta, Mistral, Cohere, Amazon). These LLM Providers are listed as subprocessors in Trismik's data processing documentation.
  4. By using the Services, you consent to the transmission of your Customer Data to the LLM Providers you select. Each LLM Provider's data processing practices are governed by their respective terms and privacy policies, which you should review before selecting that LLM Provider.
  5. You confirm that the Customer Data shall not include any third-party intellectual property rights unless you have a valid licence to use such third-party intellectual property rights in connection with the Services.

ZIGGY AI ASSISTANT

• 1. Ziggy processes your queries and evaluation data to provide assistance with onboarding, model selection, and results interpretation.
  2. Ziggy is an AI-powered assistant and may produce incorrect, incomplete, or misleading information. In particular, Ziggy's responses on matters such as pricing, costs, account limits, overdraft thresholds, and the terms of this Agreement are not authoritative and must not be relied upon. The authoritative source for all such matters is this Agreement and the information displayed in the platform user interface. You should verify all of Ziggy's suggestions before acting on them, and Trismik accepts no liability for any loss or damage arising from your reliance on Ziggy's outputs.
  3. Trismik uses Ziggy interaction data (including your queries, evaluation data, and usage patterns) to train, improve and enhance the Ziggy AI model and the Services generally, and may retain such data in accordance with the retention periods set out in your Service Plan and Trismik's privacy policy. By using Ziggy, you consent to Trismik using your Ziggy interaction data for the purposes described in clause 8.4(c).

TRISMIK'S OBLIGATIONS

• 1. Trismik shall perform the Services with reasonable skill and care. Trismik's performance obligations shall not apply to the extent of any non-conformance which is caused by: (a) use of the Services by you contrary to Trismik's instructions; or (b) modification or alteration of the Services by you or by any party other than Trismik or Trismik's duly authorised contractors or agents.
  2. If the Services do not conform with the terms of clause 16.1, Trismik will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly.

NO WARRANTIES

• 1. Trismik: (a) does not warrant that: (i) your use of the Services will be uninterrupted or error-free; (ii) that the Services and/or the information obtained by you through the Services (including Platform Output) will meet your requirements unless specifically notified to Trismik; or (iii) the Software or the Services will be free from vulnerabilities or Viruses; and (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

DATA RETENTION

• 1. During the Term of this Agreement, Trismik shall retain Platform Output for the period set out in the relevant Service Plan which commences on the date the relevant Platform Output is generated.

The current retention periods are: (a) Tier 0 (Free) Service Plan: three hundred and sixty-five (365) days; and (b) Tier 1 (Starter) Service Plan: thirty (30) days. For the avoidance of doubt, these retention periods apply during the Term only and Trismik may delete Platform Output upon termination of this Agreement. Where a Service Plan refers to “indefinite data retention” such retention period shall also apply during the Term.

YOUR OBLIGATIONS

• 1. You shall: (a) provide Trismik with all necessary co-operation in relation to this Agreement in order for Trismik to provide the Services; (b) carry out all other responsibilities set out in this Agreement in a timely and efficient manner; (c) comply with all applicable laws and regulations with respect to your activities under this Agreement and the use of the Services; (d) comply at all times with the Trismik Terms of Use; (e) obtain and shall maintain all necessary licences, consents, and permissions necessary for Trismik, its contractors and agents to perform their obligations under this Agreement, including in regard to the provision and use of Customer Data in connection with this Agreement; (f) ensure that your network and systems comply with the relevant specifications provided by Trismik from time to time and shall be responsible for configuring your information technology, computer programmes and platforms in order to access and receive the Services; and (g) be solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to Trismik's Software and Services.
  2. If Trismik's performance of its obligations under the Agreement is prevented or delayed by any act or omission by you, Trismik shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
  3. You confirm that the Customer Data shall not include any third-party intellectual property rights unless you have a valid licence to use such third-party intellectual property rights in connection with the Services.
  4. You warrant and represent that you are not subject to Sanctions and if at any time you become subject to Sanctions, you shall immediately notify Trismik.
  5. You warrant and represent that you are not a Restricted Entity and that you will not use the Services in connection with any Restricted Entity. If at any time you become aware that you are or have become a Restricted Entity, you shall immediately notify Trismik and cease use of the Services.

FEES AND PAYMENT

• 1. You shall pay the Fees to Trismik for the Services in accordance with the Service Plan chosen by you, this clause and as confirmed in the acceptance of Order email pursuant to clause 2.3.
  2. Save in respect of the Free Service and unless otherwise agreed by Trismik, you shall provide Trismik or its payment service provider (as applicable) with valid, up to date and complete credit or debit card details and any other relevant contact and billing details, as required by Trismik.
  3. You hereby authorise Trismik to bill such credit or debit card: (a) where you have purchased the Services on a subscription basis, automatically take payment on the Effective Date for the Fees payable in respect of the Initial Term, at the end of the Initial Term and each Renewal Term for the Fees payable in respect of the next Renewal Term, or the date of the email confirming the variation to your Service Plan pursuant to clause 5; or (b) at the time the Order is placed, where you have purchased the Services on a pay-as-you-go basis or purchased additional Usage Credits pursuant to clause 5.

SUSPENSION FOR NON-PAYMENT

• 1. If Trismik has not received payment on the due date, and without prejudice to any other rights and remedies of Trismik, Trismik may, without liability to you, disable your password, account and access to all or part of the Services and Trismik shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid. You shall, at Trismik's discretion, continue to be charged for the Fees during any period of suspension.

CURRENCY AND VAT

• 1. All amounts and fees stated or referred to in this Agreement: (a) where relating to Usage Credits, shall be payable in US dollars (USD); (b) where relating to monthly subscription fees for Tier 1 Service Plan, shall be payable in pounds sterling (GBP); (c) are, subject to your right to change your mind pursuant to clause 2.4 and clause 5.3 and a party's right to terminate this Agreement pursuant to clause 16.3 or clause 16.5, non-cancellable and non-refundable; and (d) are exclusive of value added tax or equivalent local taxes, which shall be added to Trismik's invoice(s) at the appropriate rate where require by law. Value added tax at the prevailing rate will be charged to customers located in the United Kingdom. Customers located outside the United Kingdom may be subject to local taxes in their own jurisdiction, for which they are solely responsible.

PROPRIETARY RIGHTS

• 1. You acknowledge and agree that Trismik and/or its licensors own all intellectual property rights in the Services, Software and Platform Output (except to the degree that such Platform Output includes Customer Data). Except as expressly stated herein, this Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services, Software and/or Platform Output.
  2. All improvements, enhancements, modifications, know-how, methodologies, algorithms, and derivative works arising from or in connection with the provision of the Services to you (including any learning, adaptations, or optimisations developed by the Software or Ziggy) shall be the sole and exclusive property of Trismik.
  3. You shall own all right, title and interest in and to all of the Customer Data (including as included in any Platform Output) and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data and the resulting Platform Output.
  4. You grant to Trismik a fully paid-up, non-exclusive, royalty-free, non-transferable licence to the Customer Data for the purpose of: providing the Services to you; transmitting your Customer Data to the LLM Providers you select; using your Customer Data in aggregated, anonymised form for the purposes described in clause 12.5; and where you are using the Free Service, using your Customer Data for research, development, and improvement purposes in aggregated, anonymised form. Trismik shall not use your identifiable, non-anonymised Customer Data to directly train, enrich or enhance the core LLM evaluation algorithms of the Software. The enhanced licence granted under clause 12.3(a)(iv) applies only to Free Service users. For paid Service Plan users, the licence is limited to clauses 12.3(a)(i) to (iii) only. Trismik may use aggregated, anonymised performance statistics derived from your use of the Services for benchmarking and research purposes, provided such data does not identify you or reveal any Customer Data.
  5. AGGREGATED DATA .Trismik may use aggregated, anonymised performance statistics and usage data derived from your use of the Services (including evaluation results, model performance metrics, and usage patterns) for the following purposes: benchmarking and publishing comparative performance statistics (e.g., "Model X achieves 85% accuracy across 10,000 evaluation runs"); research and development to improve the Services, Software, and Ziggy; training and enhancing Trismik's proprietary algorithms, methodologies, and AI models (including Ziggy); and marketing, promotional, and educational purposes, provided such data does not identify you or reveal any Customer Data in non-aggregated form. DATA SETS. You acknowledge that Trismik is making certain data sets available free of charge via its Services, subject always to the licence terms set out for reach Data set within the Service itself.

FEEDBACK

• 1. You may, in your discretion, provide Feedback to Trismik, but Trismik shall not be obliged to take any action in response to the Feedback. Trismik will be free to use, disclose, reproduce, distribute, implement in any Trismik products or services and otherwise commercialise all Feedback provided by you without obligation or restriction of any kind. Rights in such Feedback are hereby fully assigned by you to Trismik and you hereby waive all rights to be compensated or seek compensation for the Feedback and will ensure that any relevant moral rights are waived.

TRISMIK'S INDEMNITY

• 1. Trismik shall defend you against any claim that your use of the Services in accordance with this Agreement infringes any UK patent effective as of the Effective Date, copyright, database right, registered design or trade mark, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that: (a) Trismik is given prompt notice of any such claim; (b) you provide reasonable co-operation to Trismik in the defence and settlement of such claim, at Trismik's expense; and (c) Trismik is given sole authority to defend or settle the claim.
  2. In the defence or settlement of any claim, Trismik may procure the right for you to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this Agreement on two (2) Business Days' notice to you without any additional liability or obligation to pay liquidated damages or other additional costs to you.
  3. In no event shall Trismik, its employees, agents and sub-contractors be liable to you to the extent that the alleged infringement is based on: (a) a modification of the Services by anyone other than Trismik; or (b) your use of the Services in a manner contrary to the instructions given to you by Trismik; or (c) your use of the Services after notice of the alleged or actual infringement from Trismik or any appropriate authority.
  4. The foregoing states your sole and exclusive rights and remedies, and Trismik's entire obligations and liability, for infringement of any patent, copyright, database right, registered design or trade mark.

CONFIDENTIALITY

• 1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by this clause.
  2. The Software, Services, Platform Output (including any underlying data and/or datasets) and Feedback shall be considered the confidential information of Trismik. The Customer Data shall be considered the confidential information of you.
  3. Each party may disclose the other party's confidential information: (a) in respect of Trismik, to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under this Agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 14; and (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  4. Neither party shall use any other party's confidential information for any purpose other than to exercise their rights or perform their obligations under this Agreement.

LIMITATION OF LIABILITY

• 1. You acknowledge and agree that, while Trismik uses reasonable care and skill in providing the Services: (a) you are solely and exclusively responsible for results obtained from the use of the Services (including in respect of all Platform Output) and for conclusions drawn from such use and for any decisions made or actions taken in reliance on the Services or Platform Output; (b) Trismik does not represent or warrant that the Software will learn or adapt in any particular way to assist in generating Platform Output; (c) Ziggy is an AI-powered assistant that may produce incorrect incomplete or misleading information , including in relation to pricing, costs, account limits, and the terms of this Agreement, and you should verify all of Ziggy's suggestions before acting on them; and (d) the Services and Software are provided to you on an "as is" basis.
  2. Nothing in this Agreement excludes Trismik's liability for: (a) death or personal injury caused by Trismik's negligence; (b) fraud or fraudulent misrepresentation; (c) any liability for defective services under the Consumer Rights Act 2015; or (d) any other liability which cannot be excluded or limited by law.
  3. Except for any legal responsibility that Trismik cannot exclude in law, Trismik is not responsible for: (a) losses that were not foreseeable to you and Trismik when this Agreement was formed; (b) losses that were not caused by any breach on Trismik's part; (c) business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (d) losses arising from your reliance on the Services or Platform Output for professional, commercial, or work-related decisions; (e) losses arising from your reliance on any output or response generated by Ziggy, including in relation to pricing, costs, account limits, overdraft thresholds, or the terms of this Agreement; or (d) any indirect or consequential losses.
  4. You shall reimburse Trismik for any losses, damages, costs and expenses (including reasonable legal fees) that Trismik incurs as a result of: (a) your provision of Customer Data which infringes or allegedly infringes the intellectual property rights of any third party; (b) your inclusion of personal data in Customer Data in breach of clause 8.2; or (c) your use of the Services in breach of this Agreement or applicable laws.
  5. Where you are using the Services for professional or work-related purposes and your employer or the organisation you work for benefits from your use of the Services, Trismik reserves the right to pursue any claims arising from your breach of this Agreement against your employer or that organisation in addition to or instead of pursuing claims against you personally.

TERM, SUSPENSION AND TERMINATION

• 1. This Agreement shall, unless otherwise terminated as provided in this clause 16, commence on the Effective Date and shall, save in respect of the Free Service and any Services purchased on a pay-as-you-go basis, continue for the Initial Term.
  2. Thereafter, this Agreement shall automatically be renewed for successive periods each equivalent to the Initial Term (Renewal Term), unless you terminate this Agreement at the end of the Initial Term or the relevant Renewal Term by giving written notice to Trismik.
  3. For the avoidance of doubt, no minimum notice period applies provided notice is given prior to the end of the Initial Term or relevant Renewal Term.
  4. You acknowledge and agree that with regards to: (a) the Free Service, the Free Service will, or may, automatically terminate upon usage of all free credit received pursuant to the relevant Service Plan or, if the Free Service has not been used by you for a period of twelve (12) months, upon expiry of such period, whichever is the earlier, unless you upgrade to a paid Service Plan in which case the Initial Term commences on the date of the email confirming the variation to your Service Plan pursuant to clause 5 or you purchase Usage Credits pursuant to clause 5; or (b) any Services purchased on a pay-as-you-go basis, this Agreement will automatically terminate upon usage of all Usage Credits purchased for use of the Services by you or, if the Services have not been used by you for a period of twelve (12) months, upon expiry of such period, whichever is the earlier.

SUSPENSION BY TRISMIK

• 1. Trismik may temporarily suspend your access to the Services if: (a) Trismik suspects that there has been any misuse of the Services or breach of this Agreement; or (b) you fail to pay any sums due to Trismik by the due date for payment. Trismik reasonably believes you are subject to Sanctions or that continuing to provide the Services to you would cause Trismik to breach applicable sanctions laws or regulations; or Trismik becomes aware that you are or have become a Restricted Entity. Trismik will notify you as soon as possible after suspending the Services and explain the reason for suspension. If you have failed to make payment of any sums due to Trismik within thirty (30) days of such notice, Trismik may, at its choice, either: (i) downgrade your Service Plan to a Free Service (and delete any Customer Data and Platform Output in Trismik's possession exceeding the data limits within the Free Service); or (ii) terminate this Agreement (in which case all Customer Data and Platform Output in Trismik's possession shall be deleted).

TERMINATION BY TRISMIK

• 1. Trismik may terminate this Agreement at any time by giving not less than ten (10) Business Days' written notice to you. Upon termination by Trismik pursuant to this clause, Trismik shall refund you any sums that you have paid in advance for the Services which will not be provided due to such termination.
  2. Trismik may terminate this Agreement with immediate effect by giving written notice to you if: (a) you fail to pay any amount due under this Agreement on the due date for payment and remain in default not less than thirty (30) days after being notified in writing to make such payment; or (b) you commit a serious breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fail to remedy that breach within a period of thirty (30) days after being notified in writing to do so; or Trismik reasonably believes you are subject to Sanctions or that continuing to provide the Services to you would cause Trismik to breach applicable sanctions laws or regulations.

TERMINATION BY YOU

• 1. You may terminate this Agreement at any time if Trismik commits a serious breach of any term of this Agreement (for example, if there is something wrong with the Services) which breach is irremediable or (if such breach is remediable) Trismik fails to remedy it within a period of thirty (30) days after being notified in writing to do so.

CONSEQUENCES OF TERMINATION

• 1. On termination of this Agreement for any reason: (a) where Trismik terminates this Agreement pursuant to clause 16.3, Trismik will refund any sums that you have paid in advance for the Services which will not be provided; (b) where Trismik terminates this Agreement pursuant to clause 16.4, Trismik will not refund any sums that you have paid in advance for the Services; (c) Trismik may delete or otherwise dispose of any Customer Data and Platform Output in its possession; (d) you shall within two (2) Business Days delete all Platform Output (not stored or held within the Services) and shall immediately cease to use the Services and Software; (e) all licences granted under this Agreement shall immediately terminate and you shall immediately cease all use of the Services; and (f) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced.

YOUR LEGAL RIGHTS

• 1. Trismik honours its legal duty to provide you with Services that are as described on the Trismik website and that meet all the requirements imposed by law. For detailed information about your legal rights, you may wish to visit the Citizens Advice website www.citizensadvice.org.uk.

EVENTS OUTSIDE TRISMIK'S CONTROL

• 1. Trismik is not in breach of this Agreement or liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond Trismik's reasonable control. As long as Trismik contacts you as soon as reasonably possible about this, Trismik will not have to compensate you for any delay or failure to perform. If the delay is likely to be substantial, you may contact Trismik to end this Agreement and receive a refund for any Services paid for in advance but not received.

GENERAL

Changes to this Agreement. Trismik may make changes to this Agreement from time to time on giving you at least fourteen (14) days' notice in writing. If you do not accept the changes, you may, within fourteen (14) days of being notified of the variation by Trismik (Review Period), terminate this Agreement by contacting Trismik in which case you shall receive a refund for any Services paid for in advance but not received. Your continued use of the Services after the Review Period will constitute your acceptance of the variation. Without limiting the above, Trismik specifically reserves the right to adjust the following commercial parameters (each a Price-Sensitive Parameter) by giving you not less than thirty (30) days' written notice:

• • 1. the Service Fee percentage and minimum charge applicable to any Service Plan;
    2. the number of Ziggy interactions included in any Service Plan per month; and
    3. the monthly subscription fee for any paid Service Plan.

Current values of all Price-Sensitive Parameters are published at https://trismik.com/pricing, which you should check from time to time. Trismik will notify you of any change before it takes effect in accordance with this clause.

Waiver. Even if Trismik delays enforcing this Agreement, Trismik can still enforce it later. Trismik may not immediately pursue you for doing or not doing something that you are not allowed to, but that does not mean Trismik cannot do it later.

Severance. If a court or other authority decides that part of this Agreement is invalid, illegal or unenforceable, the rest of it will still apply.

No partnership or agency. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.

Transfer of this Agreement. You shall not, without the prior written agreement of Trismik, transfer any of your rights and obligations under this Agreement. Trismik may at any time transfer this Agreement so that a different organisation is responsible for providing the Services under this Agreement. Trismik will provide you with prior written notice of this and Trismik will ensure that the transfer does not affect your rights under this Agreement. If you do not agree to the transfer, you may terminate this Agreement with immediate effect by contacting Trismik within ten (10) Business Days of Trismik telling you about the transfer and Trismik will refund any payments made for Services that you have not received.

Survival. Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

Third Party Rights. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. The rights of the parties to rescind or vary this Agreement are not subject to the consent of any other person.

Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales. If you are resident outside England and Wales, you will retain the benefit of any mandatory protection given to you by the laws of that country. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

Notices. Any notice given to a party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case), or sent by email to the email address specified in your Order (for you) or published on the Trismik website (for Trismik). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time the notice is left at the proper address; (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or (c) if sent by email (subject to the sender not receiving any indication that the email has failed to be sent or received), at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To: Trismik Ltd, Future Business Centre, Kings Hedges Road, Cambridge, England, CB4 2HY

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],

Ordered on [*]/received on [*],

Name:

Address:

Email address (required for ID verification purposes):

Signature (only if this form is notified on paper):

Date:

[*] Delete as appropriate
[*] Delete as appropriate

SCHEDULE 1 – COMMERCIAL TERMS

USAGE CREDITS

Nature of Usage Credits

Usage Credits represent prepayment for future Trismik services and do not constitute stored monetary value, electronic money, or currency of any kind.

Usage Credits:

• • • • are denominated in US dollars (USD);
      • are non-transferable and may only be used by the account holder;
      • cannot be redeemed for cash, withdrawn, or transferred to any other account or person;
      • are not interest-bearing
      • expire in accordance with the paragraph below; and
      • may only be refunded at Trismik's discretion to the original payment method, subject to any deductions for Services already consumed and reasonable processing fees.

Paid Credits (being Usage Credits purchased by you for a fee) expire twelve (12) months from the date on which each individual batch of Paid Credits is added to your account. Each purchase of Paid Credits has its own independent twelve (12) month expiry period running from the date of that purchase.

Free Credits (being Usage Credits awarded by Trismik to you at no cost, including any promotional, introductory, or bonus credits) shall expire on such date as Trismik determines at its sole discretion. Trismik reserves the right to impose, vary, or waive any expiry period applicable to Free Credits at any time, and will provide reasonable notice of any expiry date applicable to Free Credits held in your account before those credits expire.

Trismik may, from time to time and at its sole discretion, award promotional Free Credits to new or existing users. The amount, eligibility, and expiry of any such Free Credits are determined by Trismik and will be communicated to recipients at the time of award.

Use of Usage Credits

Usage Credits are consumed when you use the Services to conduct Evaluation Runs.

The amount of Usage Credits consumed per Evaluation Run depends on:

• • • • the LLM inference costs charged by the relevant LLM Provider(s);
      • the Service Fee charged by Trismik as described in paragraph 2 below;
      • the operating mode (Resale Mode or BYOK Mode); and
      • the number and complexity of the models evaluated.

SERVICE FEES

The Service Fee for Evaluation Runs is calculated as follows:

For Tier 0 (Free) Service Plan:

• • • • In Resale Mode: fifteen percent (15%) of LLM inference costs OR ten cents ($0.10 USD), whichever is greater; or
      • In BYOK Mode: fifteen percent (15%) of LLM inference costs (calculated using Trismik's measured token counts and published LLM Provider pricing) OR ten cents ($0.10 USD), whichever is greater.

For Tier 1 (Starter) Service Plan:

• • • • In Resale Mode: ten percent (10%) of LLM inference costs OR ten cents ($0.10 USD), whichever is greater, or
      • In BYOK Mode: ten percent (10%) of LLM inference costs (calculated using Trismik's measured token counts and published LLM Provider pricing) OR ten cents ($0.10 USD), whichever is greater.

The minimum Service Fee ensures that every Evaluation Run is economically viable for Trismik and reflects the value of the analytics, workflow, and reporting provided by the Services beyond simple LLM inference. LLM inference costs are determined solely by the relevant LLM Provider and are passed through to you at cost. These costs may change at any time in accordance with the LLM Provider's published pricing.

RESALE MODE

In Resale Mode:

• • • Trismik pays LLM Providers for LLM inference services using Trismik's API keys;
    • you pay Trismik through your Usage Credits balance for both the LLM inference costs and the Service Fee;
    • before each Evaluation Run executes, the Software will display the estimated LLM inference costs and Service Fee (together the "Estimated Cost");
    • the Software will create a reserve against your Usage Credits balance for the Estimated Cost before the Evaluation Run begins;
    • upon completion of the Evaluation Run, the actual LLM inference costs and Service Fee (together the "Actual Cost") will be calculated and debited from your Usage Credits balance, and the reserve will be settled;
    • if the Actual Cost exceeds the upper estimate displayed, the Evaluation Run will pause and you will be prompted to approve continuation before additional Usage Credits are consumed; and
    • if an LLM Provider fails to complete an Evaluation Run, you will only be charged for tokens actually consumed. If no output is generated, no Service Fee will be charged.

BYOK MODE

Once available, in BYOK Mode:

• • • you provide your own API keys for LLM Providers;
    • the relevant LLM Providers charge you directly for LLM inference services;
    • you pay Trismik through your Usage Credits balance for the Service Fee only;
    • the Service Fee is calculated based on Trismik's measured token counts multiplied by the LLM Provider's published pricing;
    • Trismik's ledger of measured token counts is authoritative for the purposes of calculating the Service Fee; and
    • minor discrepancies may occur between Trismik's measured usage and your LLM Provider's invoice, but such

discrepancies do not affect the Service Fee payable to Trismik.

OVERDRAFT AND ACCOUNT SUSPENSION

A small overdraft buffer of negative five dollars (-$5.00 USD) is permitted to allow Evaluation Runs to complete.

If your Usage Credits balance falls below -$5.00 USD, your account will be automatically suspended until your balance is restored to a positive amount.

While your account is suspended, you will not be able to initiate new Evaluation Runs, but you will be able to access your Customer Data and Platform Output and update your account information.

TRUST TIERS AND USAGE LIMITS

Trismik operates a progressive trust tier system to manage fraud and chargeback risk.

• Trismik may impose daily spend caps, concurrent Evaluation Run limits, and maximum top-up amounts at its discretion based on your payment history and account standing.
• New accounts are typically subject to a maximum Usage Credits balance cap of approximately one hundred dollars ($100 USD).
• Trust tier limits may be increased over time based on your usage patterns and payment history.
• Trismik reserves the right to adjust trust tier restrictions at any time for security, fraud prevention, or risk management purposes.