Last Updated: 12/02/25

Rise Partner Platform 

THIRD-PARTY SERVICES END USER LICENSE AGREEMENT

WHY THESE RULES EXIST

These requirements exist to ensure that Rise can lawfully provide access to third-party technologies. Many obligations in this Agreement reflect required “flow-down” terms from FINTRX and SIGMA. Rise’s goal is to provide Users with high-value tools while complying with these vendor-mandated licensing conditions.

The External Services available through the Rise Platform are carefully selected to provide you with valuable functionality. These terms are not intended to suggest that these tools are high-risk or contain hidden restrictions. Rather, they reflect Rise’s commitment to making responsible choices for our platform and users. By following these guidelines, we can continue providing these valuable tools to all users.

Summary of Key Requirements (Non-Exhaustive)
Permitted: • Individual lookups, searches, and analysis • Limited inclusion of data in client-facing materials with proper attribution (FINTRX) • Internal reporting and analytics • Using general-purpose tools (e.g., ChatGPT) for non-systematic questions	Not Permitted: • Scraping, bots, or automated extraction • Bulk exports or systematic copying • Credential sharing or rotating seats • Reverse engineering or competitive uses • Using content for employment, credit, or insurance eligibility (FINTRX)

This Third-Party Services End User License Agreement (this “Third-Party Services EULA” or “Agreement“) supplements and is incorporated by reference into the Rise Growth Partners LLC End User License Agreement (the “Platform EULA“). This Agreement governs your access to and use of third-party technologies that are incorporated into or made available through the Rise Platform, as defined in Section (i) of the Platform EULA (collectively, “External Services“) by you (“You” or the “User”) and your affiliated firm (“Firm”).

By accessing or using any External Services, you agree to be bound by the terms of this Third-Party Services EULA in addition to the Platform EULA. Any breach of this Third-Party Services EULA constitutes a breach of the Platform EULA. If you do not agree to these terms, you must not access or use any External Services.

Continued use of any External Service constitutes your continued acceptance of this Agreement and all applicable vendor terms, as may be updated from time to time.

SECTION 1: GENERAL PROVISIONS

User Guidance & Purpose of Third-Party Terms: The External Services available through the Rise Platform are governed by terms required by our third-party partners. These requirements ensure secure, compliant, and uninterrupted access for all customers. Rise’s goal is to provide clarity and transparency, so Users understand both permissible use and the reasons these rules exist. Most standard use cases—such as individual research, client analysis, and internal reporting—are fully permitted. The restrictions below apply primarily to high-risk, automated, or abusive activities that fall outside normal use.

1.1 EXTERNAL SERVICES OVERVIEW

(a) Nature of External Services. External Services are provided by independent third-party vendors, not by Rise Growth Partners LLC (“Rise” or “Licensor“). Rise acts as an intermediary to facilitate your access to these services but does not own, control, or operate the External Services. Each External Service is subject to the third-party vendor’s own terms, conditions, policies, and service levels.

(b) Available External Services. The Platform currently provides access to the following External Services:

• FINTRX Services – Intelligence and wealth data platform provided by FINTRX, Inc. (“FINTRX”)
• SIGMA Services – Analytics and business intelligence platform provided by Sigma Computing, Inc. (“SIGMA” or “Sigma”)
• Additional Services – Rise may add additional External Services from time to time, and you will be notified of applicable terms.

(c) Rise’s Role and Limitations. Rise does not endorse, guarantee, or make any representations regarding the quality, accuracy, reliability, or availability of External Services. As stated in Platform EULA Section (i), Rise is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third party’s External Services, actions, or fees.

(d) Vendor Rights to Modify or Discontinue. Vendors may modify, update, suspend, or discontinue their services at any time without notice. Rise reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you, as set forth in Platform EULA Section (i).

(e) Direct Vendor Relationships. Some External Services may be governed by direct agreements between you (or your Firm) and the vendor. This Third-Party Services EULA does not replace or supersede any such direct vendor agreements. You remain bound by all direct vendor terms in addition to the terms contained herein.

1.2 USER OBLIGATIONS – ALL VENDORS

You agree to comply with the following obligations when accessing or using any External Services:

(a) Account Security and Credential Restrictions.

(i) Unique Credentials Required. Each user must have unique login credentials assigned to that individual. Login credentials are identified by unique subscription access rights (such as username and password) and are issued to a specific individual user.

(ii) No Credential Sharing. You are expressly prohibited from sharing login credentials or passwords with any other individual. User credentials may not be shared among multiple individuals under any circumstances. Each credential may be used by one individual only.

(iii) User Responsibility for Account Activity. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Your Firm is responsible and liable for all actions of its users and any other person to whom the Firm provides access to External Services, whether such access is permitted by or in violation of this Agreement or the Platform EULA.

(iv) Prompt Notification of Unauthorized Access. You must immediately notify Rise and the applicable vendor of any unauthorized use of your account or any other breach of security as soon as reasonably possible.

(b) Internal Business Use Only.

(i) Permitted Scope of Use. External Services are licensed to you for your and your Firm’s internal business purposes only, consistent with the vendor’s intended use case and Documentation. You may access and use External Services solely on behalf of Rise, your Firm, or authorized affiliates as specified in the applicable vendor terms.

(ii) Non-Exclusive, Non-Transferable License. Your right to access External Services is non-exclusive, non-transferable, non-sublicensable, and revocable. External Services are licensed, not sold, and you acquire no ownership interest in any External Service.

(c) Compliance with All Applicable Terms.

(i) Vendor-Specific Terms. You must comply with all vendor-specific terms, conditions, restrictions, and policies set forth in Sections 2 (FINTRX Services) and 3 (SIGMA Services) of this Agreement, as applicable to the External Services you access.

(ii) Third-Party Platform Terms. When using External Services that integrate with or connect to third-party platforms (such as LinkedIn, Salesforce, HubSpot, or other applications), you are solely responsible for complying with all terms and conditions imposed by such third-party platforms. Rise and the External Service vendors are not responsible for your compliance with third-party platform terms.

(iii) Platform EULA Terms. All terms and conditions of the Platform EULA continue to apply to your use of External Services, including but not limited to the provisions regarding proprietary rights, prohibited use, confidentiality, warranties, limitation of liability, and dispute resolution.

(iv) Updates to Terms. Vendors may update their terms and policies from time to time. Rise will provide you with notice of material changes to vendor terms. Your continued use of an External Service after such notice constitutes your acceptance of the updated terms.

(d) Lawful Use and Regulatory Compliance.

(i) General Legal Compliance. You must use External Services only for lawful purposes and in compliance with all applicable federal, state, local, and international laws and regulations, including but not limited to laws governing data privacy (such as GDPR and CCPA), intellectual property, financial services, employment, anti-discrimination, and export controls.

(ii) CAN-SPAM Compliance. If you use External Services to facilitate email communications or marketing, you must comply with the CAN-SPAM Act and all other applicable laws governing electronic communications.

(iii) Professional Obligations. You are solely responsible for ensuring that your use of External Services complies with any professional, regulatory, or ethical obligations applicable to you or your Firm, including obligations imposed by the SEC, FINRA, state securities regulators, or other regulatory authorities.

(e) Data Rights and Consents.

(i) Rights to Provide Data. You represent and warrant that you have obtained all necessary rights, permissions, and consents to provide any data, information, or content to vendors through the External Services, including User Information, Customer Data, and any personal information of individuals.

(ii) Data Privacy Compliance. You must comply with all applicable data protection and privacy laws when providing data to or processing data through External Services. This includes obtaining necessary consents from individuals whose personal information you provide to vendors and ensuring lawful cross-border data transfers where applicable.

1.3 PROHIBITED ACTIVITIES – ALL VENDORS 

The following activities are strictly prohibited when accessing or using any External Services. Violation of these prohibitions may result in immediate suspension or termination of your access, indemnification obligations, financial penalties, and other remedies available to Rise and the vendors.

(a) No Reverse Engineering or Decompilation.

You may not, and may not allow any third party to, directly or indirectly:

(i) Reverse engineer, reverse assemble, reverse compile, decompile, disassemble, or otherwise attempt to discover or derive the source code, object code, underlying ideas, algorithms, file formats, programming interfaces, or non-public APIs of any External Service;

(ii) Modify, translate, adapt, copy, or create derivative works based on any External Service or any component thereof;

(iii) Attempt to access, view, or obtain any proprietary or confidential information regarding the design, architecture, methodology, or operation of any External Service; or

(iv) Use any External Service to develop, enhance, or support a competing product or service.

Limited Exception (SIGMA only): The prohibition in subsection (i) applies except to the extent such restriction is expressly prohibited by applicable law.

(b) No Security Attacks, Hacking, or Unauthorized Access. You may not, and may not allow any third party to:

(i) Attempt to gain unauthorized access to, interfere with, damage, disable, or disrupt any part of an External Service, vendor systems or networks, or other users’ accounts;

(ii) Introduce, upload, transmit, or otherwise make available any viruses, malware, trojans, worms, time bombs, spyware, or other harmful, malicious, or destructive code or components;

(iii) Conduct or attempt to conduct any security testing, vulnerability scanning, penetration testing, or security audits of any External Service, vendor systems, or networks without the vendor’s express prior written consent;

(iv) Use flood pings, denial-of-service attacks, distributed denial-of-service attacks, or any similar methods or technology to disrupt or degrade the performance, availability, or operation of any External Service;

(v) Probe, scan, or test the vulnerability of any External Service, vendor system, or network, or breach or circumvent any security or authentication measures;

(vi) Engage in password mining, credential harvesting, or any other method to obtain unauthorized access to accounts, systems, or data; or

(vii) Access or use any External Service in a manner that threatens the security, integrity, or availability of the service or vendor systems.

(c) No Scraping, Bots, or Systematic Data Extraction.

You may not, and may not allow any third party to:

(i) Use or deploy any scraper, robot, bot, spider, crawler, data mining tool, or any other automated tool, script, or process to access, query, extract, copy, monitor, or harvest data or content from any External Service;

(ii) Use any manual or automated process to systematically access, acquire, copy, extract, compile, or aggregate data or content from any External Service beyond the scope of your authorized use;

(iii) Employ any computer code, algorithm, process, methodology, or technique designed to enable systematic or bulk extraction, copying, downloading, or exporting of data or content from any External Service;

(iv) Use deep-linking techniques or any other method to bypass normal navigation or access controls of an External Service;

(v) Access or use any External Service in a manner that places an unreasonable or disproportionately large load on vendor infrastructure or systems; or

(vi) Attempt to compile, aggregate, or assemble more than an insubstantial portion of any vendor’s database or proprietary data.

Special Provisions:

• AI/ML Restrictions (FINTRX): You may not use machine learning, neural networks, deep learning, predictive analytics, or other artificial intelligence programs or technologies to extract, analyze, or process FINTRX Content, except that you may use standard business tools (such as Google search or ChatGPT) for non-systematic, individual use, provided such use complies with all other terms of this Agreement and does not involve systematic data extraction or compilation beyond authorized use. Advanced technology use requires FINTRX’s prior written consent. 

(d) No Commercial Resale, Sublicensing, or Unauthorized Distribution. You may not, and may not allow any third party to:

(i) License, sublicense, sell, resell, rent, lease, lend, transfer, assign, distribute, time-share, or otherwise commercially exploit any External Service or make any External Service available to any third party on a service bureau or similar basis;

(ii) Provide, disclose, display, or otherwise make available any External Service, or any data, content, or output derived therefrom, to any third party except as expressly permitted in this Agreement or the applicable vendor-specific terms (such as authorized use by Affiliates or, in the case of SIGMA, embedded access as governed by Section 3.4);

(iii) Use any External Service to provide services to third parties or as part of any service offering to clients or customers, except as expressly permitted by the vendor (such as SIGMA’s embedding functionality, subject to the restrictions in Section 3.4);

(iv) Charge any third party any fee, directly or indirectly, for access to or use of any External Service, except as expressly permitted by the vendor; or

(v) Integrate, embed, or otherwise incorporate any External Service into any third-party application, platform, or service without the vendor’s express prior written consent.

(e) No Removal or Obscuring of Proprietary Notices. You may not remove, obscure, alter, or modify any copyright notice, trademark, service mark, logo, branding, proprietary legend, or other proprietary notice contained in, on, or displayed by any External Service, regardless of whether such notices relate to the vendor or a third party.

(f) No Circumvention of Usage Limits or Access Controls. You may not:

(i) Permit any direct or indirect access to or use of any External Service in a manner that circumvents contractual usage limits, such as user seat limits, query limits, export limits, or data access limits;

(ii) Share, pool, or otherwise enable multiple individuals to use a single set of credentials or user license; or

(iii) Frequently reassign or rotate credentials among multiple individuals for the purpose of enabling seat-sharing or circumventing license limits.

(g) No Violation of Third-Party Rights. You may not use any External Service to:

(i) Store, transmit, display, or make available any content that infringes or violates any patent, copyright, trademark, trade secret, right of publicity, right of privacy, or other intellectual property or proprietary right of any third party;

(ii) Store, transmit, or make available any content that is unlawful, infringing, libelous, defamatory, obscene, pornographic, abusive, tortious, threatening, harassing, or otherwise objectionable;

(iii) Store, transmit, or process any material in violation of third-party privacy rights or applicable data protection laws; or

(iv) Engage in any activity that would constitute or facilitate any unlawful or tortious conduct.

(h) No Misuse of Vendor Trademarks or Branding.

You may not use any vendor’s trademarks, service marks, logos, trade names, or other proprietary identifiers in any manner without the vendor’s express prior written consent, including in any marketing materials, promotional activities, email campaigns, or other commercial communications.

(i) Prohibition on Specific Uses (Vendor-Specific).

Certain External Services impose additional use restrictions that apply in addition to the general prohibitions above:

• FINTRX: You may not use FINTRX Services or Content to develop or support a product or service that is competitive with FINTRX’s offerings. Additional prohibitions are set forth in Section 2 below.

1.4 CONSEQUENCES OF VIOLATION

Proportional Enforcement. Rise will exercise its suspension and termination rights in a commercially reasonable and proportionate manner. Except where immediate action is required to protect security, comply with vendor obligations, or prevent ongoing misuse, Rise will aim to work with Users to resolve inadvertent or first-time violations.

Violation of any provision of this Section 1 may result in one or more of the following consequences:

(a) Immediate Suspension or Termination. Rise or the applicable vendor may immediately suspend or terminate your access to any or all External Services without prior notice if your conduct violates these terms or threatens the security, integrity, or availability of any External Service.

(b) Indemnification Obligations. You may be required to defend, indemnify, and hold harmless Rise, the applicable vendor, and their respective officers, directors, employees, and agents from any and all third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your violation of this Agreement.

(c) Financial Penalties. Certain violations carry specific financial penalties:

• Unauthorized License Overuse: Retroactive fees at vendor’s then-current rates.
• Vendor-Imposed Penalties: Any additional penalties specified in vendor agreements.

(d) Legal Remedies. Rise and vendors reserve the right to pursue all available legal remedies, including injunctive relief, specific performance, and damages, for any violation of this Agreement.

(e) Notice and Opportunity to Cure (Where Appropriate). For violations that do not pose an immediate security risk, do not involve scraping or automated extraction, and do not expose Rise or vendors to legal or contractual liability, Rise will provide written notice of the violation and a reasonable opportunity (typically ten (10) business days) to cure before suspension or termination is implemented.

(f) No Refunds. If your access is suspended or terminated due to your breach of this Agreement, you will not be entitled to any refund of fees paid, and you may remain liable for all fees owed through the remainder of the subscription term.

SECTION 2: FINTRX SERVICES

Purpose of Restrictions. FINTRX imposes strict limits on automated extraction and redistribution of its proprietary dataset. These rules are required under Rise’s subscription agreement with FINTRX and are designed to prevent large-scale replication or unauthorized commercialization of FINTRX’s database. Typical customer use does not trigger these restrictions.

2.1 FINTRX SERVICES – ACCEPTABLE USE

FINTRX Services Overview. FINTRX provides a cloud-based intelligence and wealth data platform (the “FINTRX Platform“) that delivers proprietary data, analytics, and related tools (collectively, “FINTRX Content” or “Content“). The FINTRX Platform includes data modules covering family offices, registered investment advisors (RIAs), broker-dealers, endowments, and foundations, as well as features such as affinity analytics, relationship intelligence, integrations with customer relationship management (CRM) systems, browser extensions, mobile applications, the LinkedIn 360 Plug-in, and FINTRX AI Analyst.

(a) License Scope – Internal Business Use Only.

Subject to the terms of this Agreement and your subscription with FINTRX (as arranged through Rise), you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the FINTRX Platform and Content solely for your and your Firm’s internal business operations. The FINTRX Platform and Content are licensed to you, not sold, and you acquire no ownership interest in any FINTRX Services or Content.

(b) Permitted Use of Content in Presentations and Reports.

You may incorporate limited amounts of FINTRX Content into presentations, reports, and other work product (“Work Product“) for your internal business purposes or for presentation to clients or prospects, provided that all of the following conditions are met:

(i) Quantity Limitations. The quantity of Content incorporated into any Work Product must have no independent commercial value and must not be separately marketable by FINTRX. You may not incorporate substantial portions of FINTRX’s database or proprietary data into any single Work Product or systematically across multiple Work Products.

(ii) No Third-Party Issuance. The Work Product may not be issued or published on behalf of any third party.

(iii) Publication Limits – 500 Recipients. You may not publish, distribute, or otherwise make available any Work Product incorporating FINTRX Content to more than five hundred (500) individuals without FINTRX’s prior written consent. FINTRX’s consent will not be unreasonably withheld or delayed. For purposes of this restriction, “publication” includes distribution via email, posting on websites, inclusion in widely distributed materials, or any other method of broad dissemination.

(iv) Required Attribution. All Work Product that incorporates FINTRX Content must include the following source attribution in a reasonably prominent location: “Source: FINTRX, Inc.” Failure to include this attribution constitutes a material breach of this Agreement.

(v) FINTRX Ownership. FINTRX retains sole and exclusive ownership of all Content incorporated into your Work Product, regardless of any modifications, analysis, or other work you perform on or with the Content.

(c) Printing, Downloading, and Data Export. You may print, download, and store FINTRX Content only to the extent and in the amounts authorized in your subscription with FINTRX (as arranged through Rise). You may not use such printing, downloading, or exporting capabilities to compile, aggregate, or systematically extract more than an insubstantial portion of FINTRX’s database. All downloaded or exported Content remains subject to the confidentiality, use restrictions, and other terms of this Agreement.

(d) CRM Integration and Third-Party Database Restrictions. You may input FINTRX Content into customer relationship management (CRM) systems and into internal databases only to the extent expressly authorized in your subscription and only for the purpose of managing relationships with your Firm. You may not input FINTRX Content into any other third-party databases, systems, or platforms without FINTRX’s express prior written consent obtained through Rise.

(e) No Redistribution or Commercialization. You may not redistribute, sublicense, or otherwise independently share or commercialize FINTRX Content to any third party without the express written approval of FINTRX obtained through Rise.

2.2 FINTRX SERVICES – PROHIBITED USES 

The following activities are strictly prohibited with respect to FINTRX Services and Content. These prohibitions are in addition to the general prohibitions in Section 1.3 above.

(a) NO SCRAPING, SYSTEMATIC EXTRACTION, OR AI/ML DATA MINING 

(i) Prohibited Activities. You may not use, and may not allow any third party to use, any of the following methods or technologies to access, extract, copy, or process FINTRX Content:

(A) Automated Tools. Deep-linking, scraping, robots, bots, spiders, crawlers, or any other automated data extraction tools or techniques.

(B) Systematic Extraction. Any computer code, algorithm, process, methodology, script, or technique designed to enable systematic or bulk extraction, acquisition, copying, downloading, or monitoring of FINTRX Content.

(C) Data Mining. Data mining tools, screen scraping, or any other method of automated data collection or harvesting.

(D) Reverse Engineering Prohibited by Section 1.3(a). Any attempt to reverse engineer, decompile, decrypt, disassemble, or modify the FINTRX Platform or to discover underlying source code, algorithms, or non-public APIs.

(ii) AI/ML Restrictions.

(A) General Prohibition. You may not use FINTRX Content in conjunction with machine learning, neural networks, deep learning, predictive analytics, or other artificial intelligence (AI) computer programs or software, except as expressly permitted below.

(B) Limited Exception for Standard Business Tools. You may use standard business tools such as Google search, ChatGPT, or similar general-purpose programs, provided that:

• • Such use complies with all other terms of this Agreement;
  • Such use does not involve systematic data extraction, compilation, or aggregation beyond your authorized use; and
  • Such use is limited to individual, non-systematic queries or analysis.

(C) Advanced Technology Requires Consent. Any use of FINTRX Content with advanced AI, machine learning, or other technologies beyond the standard business tools described above requires FINTRX’s prior written consent. Such consent may include specific terms and conditions governing the expanded use.

(b) No Competitive Use or Product Development.

(i) No Competitive Products. You may not use FINTRX Services or Content to develop, support, enhance, or operate any product or service that provides data or functionality substantially similar to the data or services marketed and licensed by FINTRX (a “Competitive Product“).

(ii) No Competitive Analysis. You may not use FINTRX Content to conduct competitive analysis comparing FINTRX’s products and services to any Competitive Product being offered or developed by you, your Firm, or any third party.

(c) No Unauthorized Distribution or Disclosure. Except as expressly permitted in Section 2.1 above (such as authorized use in Work Product or by Affiliates), you may not transfer, sell, rent, distribute, display, disclose, or otherwise make available any FINTRX Content or any portion of the FINTRX Platform to any third party.

(d) Prohibition on Use for Employment, Credit, or Insurance Eligibility Decisions 

You may not use FINTRX Services or Content as a factor in establishing or evaluating any individual’s eligibility for:

(i) Employment – Including hiring, firing, promotion, or other employment-related decisions;

(ii) Credit – Including credit to be used primarily for personal, family, or household purposes; or

(iii) Insurance – Including insurance to be used primarily for personal, family, or household purposes.

This prohibition is intended to ensure compliance with the Fair Credit Reporting Act (FCRA), Equal Employment Opportunity laws, Fair Housing Act, and related federal and state laws governing consumer reporting, employment, credit, and insurance eligibility determinations. Violation of this provision may result in immediate termination of access and may expose you to significant legal liability under applicable federal and state laws.

(e) Database Compilation Restrictions. You may not use downloading, exporting, or other data access features to compile, aggregate, or systematically assemble more than an insubstantial portion of FINTRX’s proprietary database, whether for your own use or for distribution to third parties.

SECTION 3: SIGMA SERVICES

3.1 SIGMA SERVICES – ACCEPTABLE USE

SIGMA Services Overview. SIGMA provides a cloud-based intelligence tool and service (the “SIGMA Service” or “Service“) that connects to your data warehouse and allows you to analyze data, create visualizations, and generate reports. The SIGMA Service includes the Sigma Platform (for use by your employees and contractors), and may include the Embedded Platform (if purchased), which allows you to provide limited access to your end users.

(a) License Scope – Internal Business Use Only. Subject to the terms of this Agreement and your subscription with SIGMA (as arranged through Rise), you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the SIGMA Service solely for your and your Firm’s internal business purposes as specified in your subscription. The SIGMA Service is licensed to you, not sold. There are no implied licenses, and you have no right to obtain the Service’s source code or underlying technology.

(b) Data Analysis and Visualization Rights. You may:

(i) Analyze data within your own data warehouse using the SIGMA Service;

(ii) Create visualizations of your data using SIGMA’s tools and functionality;

(iii) Export visualizations as static reports (“Reports“); and

(iv) Use SIGMA’s Input Tables functionality to enter data into tabular formats.

(c) Ownership of Customer Data and Reports. You own all Customer Data (data in your data warehouse that you analyze using SIGMA), Input Data (data you enter via Input Tables), and Reports (static exports of visualizations). However, you grant SIGMA a limited, revocable, non-exclusive, worldwide, royalty-free license to use, process, and display such data solely for the purpose of providing the SIGMA Service and related support to you. SIGMA has no ownership interest in your Customer Data, Input Data, or Reports.

(d) Input Data Retention. By default, SIGMA will store Input Data for thirty (30) days from the date it is entered, after which SIGMA will automatically delete the Input Data. You may instruct SIGMA in writing not to store Input Data; however, SIGMA’s ability to provide support for Input Tables may be affected if you choose not to have Input Data stored.

(e) Third-Party Application Integrations. You may authorize SIGMA to integrate with third-party applications (such as data warehouse providers or business intelligence tools) by providing your login credentials for such applications. You represent and warrant that you have the right to provide such credentials to SIGMA. Your use of third-party applications is governed by the third party’s own terms and conditions, not by this Agreement. SIGMA disclaims all warranties and liability with respect to third-party applications.

(f) Permitted Framing. You may frame or display SIGMA Service pages on your own internal intranets or for your internal business purposes, as permitted in SIGMA’s Documentation.

3.2 SIGMA SERVICES – PROHIBITED USES 

These restrictions reflect SIGMA’s security, IP, and licensing requirements. They apply primarily to advanced or technical misuse and do not limit standard dashboarding, analysis, or reporting activity within the Platform.

The following activities are strictly prohibited with respect to SIGMA Services. These prohibitions are in addition to the general prohibitions in Section 1.3 above.

(a) No Reverse Engineering. You may not, and may not allow any third party to:

(i) Modify, translate, copy, or create derivative works based on the SIGMA Service;

(ii) Reverse assemble, reverse compile, reverse engineer, decompile, or otherwise attempt to discover the object code, source code, or non-public APIs of the SIGMA Service;

(iii) Attempt to discover or derive any underlying algorithms, data models, methodologies, or proprietary techniques used by SIGMA; or

(iv) Use the SIGMA Service to develop, support, or enhance any competing product or service.

Limited Exception: The prohibition in subsection (ii) applies except to the extent such restriction is expressly prohibited by applicable law. If you believe applicable law grants you the right to reverse engineer despite this restriction, you must provide SIGMA (through Rise) with prior written notice and an opportunity to provide you with the information you seek through alternative means.

(b) No Commercial Exploitation or Resale. You may not:

(i) License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit the SIGMA Service;

(ii) Make the SIGMA Service available to any third party; or

(iii) Charge any third party for access to or use of the SIGMA Service.

(c) No Removal of Proprietary Notices. You may not remove, obscure, or modify any copyright notices, trademark notices, proprietary legends, or Sigma branding contained in or displayed by the SIGMA Service.

(d) Legal Compliance Required. You may not use the SIGMA Service in any way that violates any applicable federal, state, local, or international law or regulation. This includes, without limitation, compliance with the CAN-SPAM Act if you use the SIGMA Service in connection with any email communications or marketing activities.

(e) No Security Attacks or Technology Abuse. You may not:

(i) Unauthorized Access, Interference, Damage, or Disruption. Attempt to gain unauthorized access to, interfere with, damage, disable, or disrupt any part of the SIGMA Service, Sigma’s systems or networks, or other users’ accounts or data.

(ii) Introduction of Malicious Code. Introduce, upload, transmit, or otherwise make available any viruses, worms, trojans, time bombs, spyware, or other harmful, malicious, or destructive code or components.

(iii) Attacks on Service Availability or Performance. Use flood pings, denial-of-service attacks, distributed denial-of-service attacks, or any similar methods or technology to disrupt, degrade, or impair the availability or performance of the SIGMA Service.

(iv) Vulnerability Testing or Probing. Probe, scan, or test the vulnerability of the SIGMA Service or any Sigma system or network, or attempt to breach or circumvent any security or authentication measures, without Sigma’s express prior written consent.

(f) Data Integrity and Privacy Protection. You may not:

(i) Sample Database Restrictions. Write over, modify, or provide data to any sample databases within the SIGMA Service.

(ii) Prohibited Content. Use the SIGMA Service to store or transmit:

• • Infringing, libelous, defamatory, or otherwise unlawful or tortious material;
  • Material that violates third-party privacy rights or applicable data protection laws; or
  • Malicious, harmful, or inappropriate content.

(g) No Circumvention of Usage Limits. You may not permit direct or indirect access to or use of the SIGMA Service in any manner that circumvents contractual usage limits, such as user seat limits, data processing limits, or other restrictions specified in your subscription.

(h) Framing and Mirroring Restrictions. You may not frame, mirror, or replicate any part of the SIGMA Service, except as permitted in subsection 3.1(f) above (framing on your own intranets for internal business purposes).

3.3 SIGMA CREDENTIAL REQUIREMENTS 

This Section contains the most critical requirement for maintaining access to SIGMA Services. The rule is straightforward: each user must have unique login credentials that are never shared with anyone else. Rise manages credential issuance to ensure compliance.

(a) Unique Login Credentials Required – ONE INDIVIDUAL ONLY. Each user of the SIGMA Service must have unique login credentials (username and password) that are identified by unique subscription access rights. Login credentials may be used by ONE INDIVIDUAL ONLY. Credentials may not be shared among multiple individuals under any circumstances.

(b) Prohibition on Credential Sharing and Seat Sharing.

(i) No Sharing. You are expressly prohibited from sharing, pooling, or otherwise allowing multiple individuals to use a single set of credentials or a single user license.

(ii) Reassignment Only for Replacement. Login credentials may be reassigned only for the purpose of replacing a departing user (e.g., an employee who has left your Firm). You may not reassign credentials on a frequent or rotating basis.

(iii) No Seat Sharing. Frequent reassignment of credentials to enable multiple individuals to effectively share a single subscription seat is strictly prohibited. Such conduct constitutes a material breach of your license and may result in immediate suspension or termination, retroactive billing for additional seats, and other remedies.

(c) Responsibility for Account Activity. You are responsible for all activity that occurs under your users’ accounts, including any unauthorized access or use, unless such activity is caused by a third-party attack that exploits a vulnerability in Sigma’s systems. You must ensure that your users maintain the confidentiality of their credentials and must immediately notify Sigma and Rise of any suspected unauthorized access or security breach.

(d) Account Information and Compliance. You must: 

(i) Keep your account information accurate and up to date, including your username, email address, and contact information;

(ii) Promptly notify Rise of any changes to your account information or employment/affiliation status that may affect your authorized access;

(iii) Comply with all obligations set forth in this Agreement, including the credential restrictions in this Section 3.3; and

(iv) Immediately notify Rise if you become aware that your credentials have been compromised or that any unauthorized person has accessed your account.

3.4 SIGMA SUPPORT AND RESPONSIBILITY

(a) No Direct SIGMA Obligations to Users. SIGMA provides services to Rise, not directly to you. Rise, not SIGMA, is responsible for providing you with access to SIGMA Services and any related support or services. Sigma has no direct contractual obligations to you and provides no warranties, guarantees, or representations to you regarding the SIGMA Service.

(b) Support Provided by Rise Only. If you have questions, issues, or need assistance with SIGMA Services, you must contact Rise. Sigma does not provide support directly to Rise’s users or clients.

(c) Rise’s Intermediary Role. Your access to SIGMA Services is facilitated by Rise as an intermediary. Rise may modify, suspend, or terminate your access to SIGMA Services at any time in accordance with your agreement with Rise and this Third-Party Services EULA.

3.5 SIGMA THIRD-PARTY APPLICATIONS

(a) Integration Requirements. To enable the SIGMA Service to interoperate with third-party applications (such as your data warehouse, CRM systems, or other business tools), you must provide your login credentials for those applications to Sigma. You represent and warrant that you have the authority and right to provide such credentials to Sigma.

(b) Third-Party Terms Govern. Your use of third-party applications is governed solely by the third party’s own terms and conditions, not by this Agreement or Sigma’s terms. You are solely responsible for reviewing and complying with all third-party terms.

(c) Sigma Disclaimers. Sigma disclaims all warranties and liability with respect to third-party applications accessed through Sigma. Sigma is not responsible for:

(i) The availability, functionality, performance, security, or accuracy of third-party applications;

(ii) Any data loss, corruption, or unauthorized access resulting from third-party application failures or vulnerabilities (except to the extent directly caused by Sigma’s negligence); or

(iii) Any changes, discontinuation, or suspension of third-party applications by their providers.

(d) Data Sharing with Third-Party Providers. You authorize Sigma to share Customer Data with third-party application providers as required for the interoperation of the SIGMA Service with such applications. Sigma is not responsible for the data handling practices of third-party providers, except to the extent any data mishandling results directly from Sigma’s negligence.

(e) Sigma May Discontinue Integrations. Sigma reserves the right to discontinue, suspend, or restrict integrations with any third-party applications at any time, with or without notice and with or without liability to you. You bear all risk associated with reliance on third-party application integrations.

3.6 SIGMA DATA HANDLING AND DELETION

(a) User Information. Sigma collects User Information (such as IP addresses, usernames, passwords, email addresses, and other identifying information) as necessary to provide the SIGMA Service. You grant Sigma the right to store, process, and retrieve User Information in connection with your use of the Service. You represent and warrant that you have obtained all necessary rights and consents to provide User Information to Sigma.

(b) Service Data. Sigma collects usage and operational telemetry data (“Service Data“) pertaining to the use and performance of the SIGMA Service. Service Data does not include Customer Data or Input Data. Sigma owns Service Data and may use it internally to improve, develop, and enhance its products and services. Sigma will not disclose Service Data to third parties in a manner that identifies you or your Firm.

(c) Data Deletion Upon Termination. Upon termination or expiration of your subscription to SIGMA Services, Sigma will delete your User Information (including passwords, files, and any Input Data not already deleted pursuant to the 30-day retention policy) within thirty (30) days, unless you request earlier deletion in writing. You will have a reasonable period to extract and download any Customer Data or Subscriber Data before deletion occurs.

SECTION 4: LIABILITY, INDEMNIFICATION & ENFORCEMENT

4.1 WARRANTIES AND DISCLAIMERS

(a) General Disclaimer – All External Services Provided “AS-IS.”

ALL EXTERNAL SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Rise, FINTRX, SIGMA, and all other vendors (collectively, “Service Providers“) expressly disclaim all warranties and conditions with respect to External Services, whether express, implied, or statutory, including but not limited to:

(i) Implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights;

(ii) Any warranties arising from course of dealing, course of performance, or usage of trade;

(iii) Any warranties regarding the accuracy, completeness, reliability, or timeliness of any data, content, information, or outputs provided by External Services; and

(iv) Any warranties that External Services will be uninterrupted, timely, secure, or error-free.

(b) No Warranty of Results or Outcomes. Service Providers do not warrant that External Services will meet your specific requirements or business needs, or that your use of External Services will achieve any particular results or outcomes. Any decisions you make based on External Services are made solely at your own risk.

(c) Vendor-Specific Disclaimers.

FINTRX:

• FINTRX makes no warranties regarding the accuracy, completeness, or reliability of Content.
• FINTRX AI Analyst is provided “AS IS” without warranty of any kind and is not financial, investment, or legal advice.
• FINTRX AI Analyst’s accuracy, types of insights, and coverage may change over time as AI technology evolves. FINTRX makes no representations or guarantees regarding specific output or performance.

SIGMA:

• Sigma disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, title, and quality.
• Sigma does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any results from use of the Service will be accurate or reliable.

(d) Beta Features and Experimental Functionality. From time to time, vendors may make certain functionality, features, or services available to you on a beta, pilot, or experimental basis (“Beta Features“). Beta Features are provided “AS-IS” with no warranties, no indemnification obligations, no support commitments, and no liability for any harm or damages arising from their use. Beta Features may be modified, suspended, or discontinued at any time without notice.

(e) No Oral or Written Representations Create Warranties. No oral or written information, advice, or representations provided by Rise, any vendor, or their authorized representatives shall create any warranty or in any way increase the scope of any warranties expressly provided in this Agreement or the Platform EULA.

(f) User Assumes All Risk. You expressly acknowledge and agree that your use of External Services is at your sole risk. You are solely responsible for:

• (i) Independently verifying the accuracy and suitability of any data, information, insights, or outputs provided by External Services;
• (ii) Making your own independent business decisions based on your own analysis, judgment, and professional expertise;
• (iii) Ensuring compliance with all applicable laws, regulations, and professional obligations in connection with your use of External Services; and
• (iv) Any consequences, losses, or damages arising from your reliance on or use of External Services.

(g) Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you to the extent prohibited by applicable law.

4.2 LIMITATION OF LIABILITY

(a) Incorporation of Platform EULA Limitations.

The limitation of liability provisions set forth in Section (m) of the Platform EULA are incorporated herein by reference and apply to your use of External Services, except as expressly modified or supplemented by this Section 4.2.

As set forth in Platform EULA Section (m), to the extent not prohibited by law, Rise shall not be liable for any incidental, special, indirect, or consequential damages whatsoever, including without limitation damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use External Services, including service interruptions or damages caused by third-party components or infrastructure providers, regardless of the theory of liability (contract, tort, or otherwise) and even if Rise has been advised of the possibility of such damages.

(b) No Liability for Vendor Actions or Failures.

Rise is not responsible for and shall not be liable for:

(i) Any actions, omissions, errors, failures, or misconduct by vendors or their employees, agents, or subcontractors;

(ii) The accuracy, completeness, reliability, availability, or security of any External Service or vendor-provided data or content;

(iii) Any service outages, interruptions, degradations, or failures of External Services, except as may be expressly committed to by a vendor under a service level agreement;

(iv) Any changes, modifications, suspensions, or discontinuations of External Services by vendors;

(v) Any fees, charges, or costs imposed by vendors;

(vi) Any breaches of security, data loss, unauthorized access, or other security incidents affecting vendor systems or External Services (except to the extent directly caused by Rise’s gross negligence or willful misconduct); or

(vii) Any disputes, claims, or controversies between you and any vendor.

Your remedies for any issues arising from vendor conduct or External Service failures are against the vendor directly, not against Rise. To the extent Rise has any remedies or rights against vendors under Rise’s agreements with vendors (such as service credits, refunds, or indemnification), Rise may pursue those remedies at its discretion, but Rise has no obligation to pass through any such remedies or recoveries to you.

(c) Categorical Limitation – No Indirect or Consequential Damages.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RISE OR ANY VENDOR BE LIABLE FOR:

(i) Loss of profits, revenue, business opportunities, goodwill, or reputation;

(ii) Loss of data or cost of procuring substitute services or data;

(iii) Business interruption or downtime;

(iv) Any indirect, incidental, special, punitive, exemplary, or consequential damages of any kind;

(v) Any damages arising from third-party claims against you; or

(vi) Any other commercial damages or losses,

arising out of or related to your use of or inability to use External Services, however caused (including but not limited to negligence), under any theory of liability (contract, tort, strict liability, or otherwise), and even if Rise or the vendor has been advised of, knew of, or should have known of the possibility of such damages.

(d) Maximum Liability Cap. To the extent not prohibited by law and except as provided in subsection (e) below, the total aggregate liability of Rise to you (or your Firm) for all damages, losses, and causes of action arising out of or relating to External Services, whether in contract, tort, or otherwise, shall not exceed the amount of fees actually paid by you (or your Firm) to Rise for the specific External Service giving rise to the liability during the twelve (12) months immediately preceding the event giving rise to liability.

Separate liability caps may apply on a per-vendor basis. For example, Rise’s liability for issues arising from FINTRX Services is capped at fees paid for FINTRX Services, and Rise’s liability for issues arising from SIGMA Services is capped at fees paid for SIGMA Services.

(e) Exceptions to Limitations 

The limitations and exclusions set forth in this Section 4.2 DO NOT APPLY to the following categories of liability:

(i) Rise’s Gross Negligence or Willful Misconduct. The limitations do not apply to damages arising from Rise’s gross negligence or willful misconduct.

(ii) Breach of Confidentiality Obligations. The limitations do not apply to damages arising from breach of confidentiality obligations set forth in Section 5.1 or in the Platform EULA.

(iii) Rise’s Indemnification Obligations. The limitations do not apply to Rise’s indemnification obligations under Section (j) of the Platform EULA.

(v) Statutory or Jurisdictional Exceptions. The limitations do not apply where prohibited by applicable law or where specific jurisdictions do not allow limitation of liability for incidental or consequential damages.

(f) Limitations Apply Even if Remedy Fails.  The foregoing limitations will apply even if the above-stated remedies fail of their essential purpose.

4.3 USER INDEMNIFICATION 

The indemnification obligations below are standard risk allocation provisions that protect Rise and its vendors from claims arising from your use of External Services. Rise will act reasonably and in good faith when requesting indemnification and will provide you with timely information and cooperation needed to evaluate and respond to any claim. Rise will act reasonably and in good faith when requesting indemnification and will provide you with timely information and cooperation needed to evaluate and respond to any claim.

You agree to defend, indemnify, and hold harmless Rise, the applicable vendors, and their respective officers, directors, employees, agents, affiliates, successors, and assigns (collectively, “Indemnified Parties”) from and against any and all third-party claims, demands, actions, suits, proceedings, liabilities, judgments, damages, losses, costs, and expenses (including reasonable attorneys’ fees, expert fees, and court costs) (collectively, “Claims”) arising out of or relating to:

(a) General Indemnification Obligations.

(i) Your access to, use of, or misuse of any External Service, including any violation of the terms of this Agreement, the Platform EULA, or any vendor-specific terms;

(ii) Any information, data, content, or materials that you provide to Rise or any vendor, including any claims that such information infringes third-party intellectual property rights, violates third-party privacy rights, or violates applicable laws;

(iii) Your violation of any applicable laws, regulations, or third-party rights in connection with your use of External Services;

(iv) Your breach of any representations, warranties, or covenants made in this Agreement or the Platform EULA;

(v) Any negligent or wrongful acts or omissions by you, your employees, contractors, or agents in connection with External Services; or

(vi) Any breach of third-party terms that you are obligated to comply with under this Agreement (such as CRM provider terms or other third-party platform terms).

(b) SIGMA- Specific Indemnification – Not subject to Liability Caps

In addition to the general indemnification in subsection (a), if you use SIGMA Services, you agree to defend, indemnify, and hold harmless Rise and Sigma Computing, Inc. (and their respective officers, directors, employees, and agents), for:

(i) Your Use of SIGMA Services. Any Claims arising from your access to, use of, or misuse of SIGMA Services, including:

• Violations of Section 3.2 (Prohibited Uses) or Section 3.3 (Credential Requirements);
• Reverse engineering, decompilation, or attempts to access SIGMA source code or non-public APIs;
• Unauthorized access, security breaches, vulnerability testing, or attacks on SIGMA systems;
• Introduction of malicious code or harmful components;
• Data you provide, upload, or process through SIGMA Services that infringes third-party intellectual property rights or violates applicable laws;
• Violations of third-party privacy rights through your use of SIGMA Services;
• Your modification of Customer Data or Input Data (if you have been granted such permissions);
• Circumvention of usage limits or credential sharing;
• Any violations of third-party application terms in connection with SIGMA integrations; and
• Any other conduct, action, or omission by you in connection with SIGMA Services.

(ii) No Limitation on this Indemnification.

Your indemnification obligations under this subsection (b) for SIGMA-related Claims:

• Are NOT subject to the limitation of liability in Section 4.2;
• Are NOT subject to any monetary cap or ceiling;
• Are NOT subject to any disclaimers or waivers;
• Survive termination of this Agreement;
• Applies regardless of the legal theory (whether negligence, strict liability, breach of contract, or otherwise);
• Require you to defend Rise and Sigma at your sole expense, including payment of all attorneys’ fees, expert fees, and court costs; and
• Prohibit you from settling any Claim without Rise’s and Sigma’s prior written consent.

Your indemnification obligations apply to the extent arising from your own acts or omissions and do not apply to claims caused solely by Rise’s negligence or willful misconduct.

You acknowledge and agree that this unlimited indemnification obligation is a material condition to Sigma’s willingness to allow Rise to provide SIGMA Services to users and that SIGMA would not permit such access without this protection. 

(c) FINTRX-Specific Indemnification.

(i) Employment/Credit/Insurance Violations. Any Claims arising from your use of FINTRX Content as a factor in employment, credit, or insurance eligibility determinations in violation of Section 2.2(d); and

(iii) Competitive Use. Any Claims arising from your use of FINTRX Services or Content to develop, support, or enhance competitive products in violation of Section 2.2(b).

(d) Defense Obligations and Procedures.

(i) Defense Rights and Control. The Indemnified Party will have the right to select its own legal counsel to defend any Claim, and you will reimburse the Indemnified Party for all reasonable attorneys’ fees and costs incurred in such defense. Alternatively, at your option and expense, you may assume control of the defense of any Claim, provided that you keep the Indemnified Party fully informed of the status of the Claim and any settlement negotiations, and provided that you obtain the Indemnified Party’s prior written consent before entering into any settlement, which consent shall not be unreasonably withheld or delayed.

(ii) Notice Requirements. The Indemnified Party will provide you with prompt written notice of any Claim for which indemnification is sought. However, failure to provide prompt notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such delay.

(iii) Cooperation. You agree to cooperate fully with the Indemnified Party in the defense of any Claim, including by providing documents, information, testimony, and access to witnesses, at your expense.

(iv) No Settlement without Consent. You may not settle, compromise, or otherwise resolve any Claim without the Indemnified Party’s prior written consent, which consent shall not be unreasonably withheld or delayed, except that the Indemnified Party may withhold consent to any settlement that: 

• • Requires the Indemnified Party to admit fault, wrongdoing, or liability;
  • Imposes any obligations or restrictions on the Indemnified Party;
  • Does not include a full and unconditional release of the Indemnified Party; or
  • Involves any injunctive or equitable relief against the Indemnified Party.

4.4 TERMINATION AND SUSPENSION

(a) Rise’s Right to Suspend or Terminate Access to External Services. Rise may immediately suspend or terminate your access to any or all External Services, without prior notice, if:

(i) You violate any provision of this Agreement, the Platform EULA, or any vendor-specific terms;

(ii) Rise reasonably believes that your conduct violates applicable laws or poses a risk of legal liability to Rise or any vendor;

(iii) Your use of External Services threatens the security, integrity, availability, or performance of the services or vendor systems;

(iv) A vendor suspends or terminates your access pursuant to the vendor’s own terms and policies; or

(v) You fail to pay any fees owed to Rise or any vendor.

Specific Suspension/Termination Triggers:

• FINTRX: Suspected scraping or abuse (Section 2.2(a)).
• SIGMA: Security threats caused by violation of Prohibited Uses (Section 3.2); credential sharing or seat sharing (Section 3.3).

(b) Vendor-Initiated Termination. Vendors may terminate your access to their services for material breach not cured within thirty (30) days after written notice, for security or integrity threats, or for other violations of vendor terms. If a vendor terminates your access, Rise will comply with such termination, and your access to that External Service through the Rise Platform will be terminated accordingly.

(c) Notice and Opportunity to Cure. Where feasible and appropriate under the circumstances, Rise or the applicable vendor will provide you with reasonable notice of the violation and an opportunity to cure before suspending or terminating access. However, no notice or opportunity to cure is required if:

(i) The violation poses an immediate threat to the security, integrity, or availability of the service or systems;

(ii) The violation involves scraping, unauthorized data extraction, security attacks, or other conduct that requires urgent action; or

(iii) The vendor’s terms do not require notice or opportunity to cure.

(d) Effect of Termination – Immediate Cessation of Access. Upon termination or suspension of your access to any External Service:

(i) You will immediately lose all access to the terminated External Service, including any data, content, or functionality provided by that service;

(ii) Any integrations with the External Service (such as CRM integrations or data feeds) will be deactivated; and

(iii) You must immediately cease all use of the External Service and comply with all data handling obligations set forth below.

(e) Data Handling Upon Termination – Vendor-Specific Requirements.

FINTRX:

(i) You must promptly expunge all FINTRX Content in your possession, discontinue use of the FINTRX Platform, Applications, and Content, and cease accessing FINTRX Services.

(ii) Limited Exceptions: You may retain:

• • Subscriber Data for a reasonable period to extract and download;
  • Limited extracts of Content incorporated into Work Product created during the term, solely for records retention, regulatory purposes, or internal business purposes (no continued active use);
  • Electronic records related to Content for archival purposes only, so long as no continued use is made of the Content.

(iii) FINTRX may programmatically retrieve FINTRX Content or proprietary information from your systems as part of its decommissioning process.

SIGMA:

(i) Sigma will delete your User Information (including passwords, files, and Input Data) within thirty (30) days of termination, unless you request earlier deletion in writing.

(ii) You will have a reasonable period to extract and download any Customer Data or Subscriber Data uploaded to the SIGMA Service before deletion occurs.

(iii) Input Data will be deleted in accordance with the 30-day retention policy set forth in Section 3.1(d), unless already deleted.

(f) No Refunds for Violations. If your access to External Services is suspended or terminated due to your breach of this Agreement, the Platform EULA, or vendor terms:

(i) You will not be entitled to any refund of fees paid to Rise or any vendor;

(ii) You will remain liable for all fees owed through the remainder of your subscription term; and

(iii) Unpaid fees may be accelerated and become immediately due and payable.

If a vendor terminates your access due to the vendor’s uncured breach (not your breach), any refund rights will be governed by the vendor’s agreement and policies.

(g) Surviving Obligations. The following obligations survive termination or expiration of this Agreement:

(i) Confidentiality obligations (Section 5.1);

(ii) Indemnification obligations (Section 4.3);

(iii) Intellectual property restrictions (Sections 1.3(a), 1.3(e), 2.2, 3.2);

(iv) Limitation of liability and disclaimer provisions (Sections 4.1 and 4.2);

(v) Dispute resolution provisions (Section 6.1); and

(vi) Any other provisions that by their nature should survive termination.

SECTION 5: CONFIDENTIALITY & DATA PRIVACY

5.1 CONFIDENTIALITY OBLIGATIONS

Rise and its third-party vendors are committed to applying industry-standard administrative, technical, and physical safeguards to protect User Data, consistent with applicable privacy standards and contractual obligations.

(a) Rise Platform Confidential Information. Your confidentiality obligations regarding the Rise Platform and Rise’s proprietary information are set forth in Platform EULA Section (g) (Confidentiality), and those obligations apply equally to your use of External Services accessed through the Rise Platform.

(b) Vendor Confidential Information and Services. When you access External Services, you may be exposed to or learn information about vendor services, features, functionality, data, methodologies, or other proprietary information belonging to the vendors (collectively, “Vendor Confidential Information”). You agree to\:

(i) Maintain the confidentiality of any Vendor Confidential Information you access or learn through your use of External Services;

(ii) Use Vendor Confidential Information only for your authorized use of the External Services and not for any other purpose;

(iii) Not disclose Vendor Confidential Information to any third parties without the vendor’s prior written consent (which must be obtained through Rise);

(iv) Protect Vendor Confidential Information with at least a reasonable degree of care;

(v) Not reverse engineer, analyze, or attempt to derive proprietary methodologies, algorithms, or techniques from Vendor Confidential Information; and

(vi) Comply with any confidentiality restrictions or requirements imposed by vendors as set forth in this Agreement.

Vendor Confidential Information includes:

FINTRX: Non-public information about FINTRX Services, Platform features, Content, methodologies, and proprietary data structures

SIGMA: Non-public information about Service features, functionality, performance, and methodologies

(c) Your Data Remains Yours. You retain all ownership rights in your proprietary data, User Data, Customer Data (SIGMA), and Input Data (SIGMA) that you provide through External Services, subject to the license grants in this Agreement. Rise and vendors agree to maintain the confidentiality of your data as set forth in Section 5.2 (Data Privacy) and applicable vendor privacy policies.

(d) Rise’s Role as Intermediary. You acknowledge that:

(i) Rise has confidentiality obligations to vendors under Rise’s agreements with those vendors;

(ii) Your breach of confidentiality regarding Vendor Confidential Information may cause Rise to breach Rise’s obligations to vendors;

(iii) You agree to indemnify Rise for any claims, damages, or losses arising from your breach of confidentiality obligations regarding Vendor Confidential Information; and

(iv) Rise may be required to disclose information about your use of External Services to vendors for compliance, security, or operational purposes.

(e) Exceptions.

Information is not considered Confidential Information if it:

(i) Is or becomes publicly available through no breach of this Agreement by you;

(ii) Is lawfully obtained by you from a third party without breach of any confidentiality obligation;

(iii) Was lawfully known to you prior to disclosure;

(iv) Is independently developed by you without reference to Confidential Information; or

(v) Must be disclosed by law, regulation, court order, or government authority, provided that you provide Rise with prompt written notice (to the extent legally permitted) so Rise can seek protective measures or contest the disclosure.

(f) Injunctive Relief. You acknowledge that breach of confidentiality obligations may cause irreparable harm for which monetary damages are an insufficient remedy. Rise and vendors may seek injunctive relief, specific performance, and other equitable remedies for breaches of confidentiality, without the necessity of posting a bond, in addition to any other remedies available at law or in equity.

(g) Survival. Your confidentiality obligations survive termination or expiration of this Agreement.

5.2 DATA PRIVACY

(a) Incorporation of Rise Privacy Policy.

Rise’s collection, use, sharing, and protection of personal information is governed by Rise’s Privacy Policy, available at https://risegrowth.com/privacy-policy (the “Privacy Policy“), which is incorporated herein by reference and may be updated from time to time. The Privacy Policy applies to personal information collected through the Rise Platform and in connection with your use of External Services.

(b) Vendor Privacy Policies and Data Processing.

Each vendor has its own privacy policies and data processing practices that govern how the vendor collects, uses, stores, and protects data you provide through External Services. You are responsible for reviewing and understanding each vendor’s privacy policies.

FINTRX:

• FINTRX’s collection and use of User Information is governed by FINTRX’s privacy practices and policies.
• You must obtain all necessary rights and consents to permit transfer and processing of User Information by FINTRX.
• You represent and warrant that you have obtained all necessary consents from individuals whose personal information you provide to FINTRX.

SIGMA:

• Sigma’s data security and privacy practices are set forth in Sigma’s Security Policy (available at the URL provided in Sigma’s agreement) and any separately executed Data Processing Agreement (DPA).
• If a DPA has been executed, the DPA prevails in the event of any conflict with other data processing provisions.
• You must obtain all necessary rights and consents to permit transfer and processing of User Information by Sigma.
• You represent and warrant that you have obtained necessary consents and have the right to provide User Information, Customer Data, and Input Data to Sigma.

(c) User Consent to Data Sharing with Vendors. By accessing or using External Services, you consent to:

(i) Rise sharing your information (including User Information, account data, and usage data) with vendors as necessary to provide External Services to you;

(ii) Vendors collecting, processing, and storing your information in accordance with their respective privacy policies and data processing agreements;

(iii) Data being processed and stored by vendors and their subcontractors, which may include processing and storage outside your jurisdiction; and

(iv) Rise and vendors using de-identified, anonymized, or aggregated data derived from your use of External Services for analytics, benchmarking, product improvement, and other business purposes, provided such data does not identify you or your Firm.

(d) Third-Party Platform Data Sharing. When you use External Services that integrate with third-party platforms, you authorize Rise and the applicable vendor to:

(i) Share data with such third-party platforms as required for the interoperation and functionality of the integration;

(ii) Access and retrieve data from your accounts on such third-party platforms, using credentials you provide; and

(iii) Process data received from third-party platforms in connection with providing External Services to you.

You represent and warrant that you have the authority to provide credentials for third-party platforms and to authorize such data sharing.

(e) User Obligations – Data Protection Compliance. You are responsible for complying with all applicable data protection and privacy laws in connection with your use of External Services, including but not limited to:

(i) The General Data Protection Regulation (GDPR) (if applicable to your processing of personal data);

(ii) The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) (if applicable);

(iii) Other U.S. state privacy laws (such as Virginia CDPA, Colorado CPA, etc.);

(iv) International data protection laws applicable to your jurisdiction; and

(v) Industry-specific regulations (such as GLBA for financial services, HIPAA for healthcare, etc., if applicable).

You must:

(i) Obtain all necessary consents from individuals whose personal information you provide to Rise or vendors;

(ii) Provide appropriate privacy notices to such individuals;

(iii) Ensure that your collection, use, and disclosure of personal information is lawful and consistent with your privacy notices and applicable laws;

(iv) Respond to data subject requests (such as access, deletion, or opt-out requests) in accordance with applicable laws; and

(v) Ensure that any cross-border transfers of personal data comply with applicable legal requirements.

(f) Data Retention Periods.

(i) SIGMA Input Data Retention:

• By default, Sigma will store Input Data for thirty (30) days from the date it is entered, after which it will be automatically deleted.
• If you prefer that Input Data not be stored, you may request this by contacting Rise. Rise will coordinate with Sigma to configure your account accordingly. Please note that choosing not to store Input Data may affect Rise’s ability to provide you with technical support for Input Tables functionality, as Rise relies on Sigma’s technical support which may require access to stored Input Data.

(ii) Upon Termination:

• SIGMA: User Information, passwords, files, and Input Data deleted within thirty (30) days (Section 4.5(e)).
• FINTRX: You must expunge Content within a reasonable period, subject to limited exceptions for records retention and archival purposes (Section 4.5(e)).

(g) Data Security. Vendors implement reasonable technical and organizational security measures to protect data. However, no system is completely secure, and vendors do not guarantee that data will be free from unauthorized access, loss, misuse, or alteration.

You are responsible for:

(i) Maintaining the security of your login credentials and access to your accounts;

(ii) Implementing appropriate security measures on your own systems and networks;

(iii) Immediately notifying Rise and the applicable vendor of any suspected data breach, unauthorized access, or security incident; and

(iv) Cooperating in any breach response or investigation.

(h) Privacy Rights and Requests. Individuals may have rights under applicable privacy laws (such as GDPR, CCPA, or other data protection laws) to access, correct, delete, restrict processing of, or object to processing of their personal information.

Submitting Privacy Requests: All privacy requests regarding personal information processed through the Rise Platform or External Services should be submitted to Rise in accordance with Rise’s Privacy Policy. This includes requests regarding:

• Personal information held by Rise;
• Personal information processed through External Services (FINTRX, SIGMA); and
• Any other personal information you have provided or that has been collected in connection with your use of the Rise Platform or External Services.

Rise will facilitate vendor coordination as needed. If your privacy request requires action by a vendor (such as deletion of data held by FINTRX or SIGMA), Rise will coordinate with the applicable vendor on your behalf. You are not required to contact vendors directly.

5.3 DATA OWNERSHIP

(a) User Data Ownership. You retain all ownership rights in and to:

(i) User Data (as defined in the Platform EULA);

(ii) FINTRX: Subscriber Data (proprietary data you upload to FINTRX);

(iii) SIGMA: Customer Data (data in your data warehouse), Input Data (data you enter via Input Tables), and Reports (static exports of visualizations); and

(iv) Any other proprietary data, content, or materials you provide to Rise or vendors.

(b) Vendor Ownership of Services and Content. Vendors retain all ownership rights in and to:

(i) External Services, platforms, applications, and all underlying technology;

(ii) FINTRX: All FINTRX Content (proprietary data), analytics outputs, reports, insights, recommendations, scores, and rankings generated by the FINTRX Platform, regardless of input data source;

(iii) SIGMA: The SIGMA Service, all features, functionality, templates, samples, Documentation, and underlying algorithms and models;

(iv) All intellectual property rights in the foregoing; and

(v) Any improvements, enhancements, or modifications to the foregoing.

You acquire no ownership interest in External Services or vendor content.

(c) License Grants. You Grant to Vendors:

(i) FINTRX: You grant FINTRX a limited license to use Subscriber Data solely as necessary to provide FINTRX Services.

(ii) SIGMA: You grant Sigma a limited, revocable, non-exclusive, worldwide, royalty-free license to use, process, and display Customer Data and Input Data solely for the purpose of providing the SIGMA Service and related support to you.

Vendors Do Not Own Your Data: These licenses do not transfer ownership. Vendors have no ownership interest in your data.

(d) Feedback and Suggestions. Any feedback, suggestions, enhancement requests, usage data, or insights you provide to Rise or vendors regarding External Services becomes the exclusive property of Rise or the applicable vendor, without compensation or attribution to you. Rise and vendors may use and exploit such feedback for any purpose without obligation to you.

(e) De-Identified and Aggregated Data. Vendors retain the right to use de-identified and aggregated data derived from your use of External Services for:

(i) Benchmarking and analytics;

(ii) Improving and developing products and services;

(iii) Research and analysis; and

(iv) Other legitimate business purposes, provided that such data does not identify you or your Firm and cannot reasonably be re-identified.

FINTRX: FINTRX retains rights to use de-identified and aggregated data derived from user interactions to improve models, conduct benchmarking, and develop new products and services.

SIGMA: Sigma collects Service Data (usage and operational telemetry) that does not include Customer Data or Input Data. Sigma owns Service Data and may use it internally but will not disclose it to third parties in a manner that identifies you.

SECTION 6: GENERAL PROVISIONS

6.1 GOVERNING LAW AND DISPUTE RESOLUTION

(a) Governing Law. This Third-Party Services EULA, and any disputes arising out of or relating to this Agreement or your use of External Services, shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law provisions, as set forth in Platform EULA Section (k).

(b) Incorporation of Platform EULA Dispute Resolution. All dispute resolution provisions set forth in Platform EULA Section (k) (Governing Law and Venue) are incorporated herein by reference and apply to disputes arising from or relating to this Third-Party Services EULA, including:

(i) Binding arbitration administered by the American Arbitration Association (AAA);

(ii) Arbitration conducted in Dover, Delaware in accordance with AAA Commercial Arbitration Rules;

(iii) Arbitration before one (1) arbitrator (unless parties agree otherwise);

(iv) Class action waiver – disputes resolved on individual basis only, not as class, representative, or private attorney general action;

(v) Jury trial waiver – by agreeing to this Agreement, you waive your right to a jury trial;

(vi) Cost allocation – arbitration costs borne equally, but prevailing party awarded costs, expenses, and attorneys’ fees;

(vii) Confidentiality of arbitration proceedings and awards; and

(viii) Limited arbitrator powers – arbitrator may not alter Agreement terms or grant remedies prohibited by Agreement.

(c) Informal Resolution. Before initiating arbitration, the parties agree to attempt to resolve disputes informally by:

(i) Providing written notice to the other party describing the dispute in detail and specifying the relief sought; and

(ii) Engaging in good faith negotiations for a period of thirty (30) days following such notice.

(d) Disputes with Vendors. Disputes between you and vendors regarding External Services are your direct obligation and responsibility. Rise is not a party to disputes between you and vendors. You must resolve vendor disputes directly with the applicable vendor in accordance with that vendor’s dispute resolution provisions:

• FINTRX: Governed by Delaware law; disputes resolved in Delaware courts or as specified in FINTRX Subscription Agreement.
• SIGMA: Governed by Delaware law; disputes resolved in Delaware courts or arbitration as specified in SIGMA Master Services Agreement.

Rise may assist in facilitating communication between you and vendors but has no obligation to do so and is not responsible for resolution of vendor disputes.

(e) Disputes with Rise. Disputes regarding this Agreement, Rise’s administration of External Services, or Rise’s actions or omissions in connection with External Services are subject to the arbitration provisions set forth above and in Platform EULA Section (k).

(f) Equitable Relief. Notwithstanding the arbitration requirement, either party may seek injunctive relief, specific performance, or other equitable remedies in court for:

(i) Breach of confidentiality obligations;

(ii) Infringement of intellectual property rights;

(iii) Violations of prohibited uses that pose imminent harm; or

(iv) Other circumstances requiring urgent equitable relief,

without the necessity of posting a bond. Seeking such equitable relief does not waive the right to arbitration for other claims.

6.2 AMENDMENT AND MODIFICATIONS

(a) Rise’s Right to Amend. Rise may amend, modify, or update this Third-Party Services EULA from time to time as needed for technical, legal, or business reasons, or to reflect changes in vendor terms. Rise will provide reasonable advance notice of material amendments via the Rise Platform or your registered email address.

(b) Vendor Right to Amend. Vendors may amend their terms, policies, and service offerings from time to time. When vendors update their terms, Rise will provide you with notice of such updates. 

(c) Acceptance by Continued Use. Your continued access to or use of any External Service after notice of amendments to this Agreement or vendor terms constitutes your acceptance of such amendments. If you do not agree to any amendment, you must immediately discontinue use of the affected External Service.

(d) Incorporation by Reference Updates. Documents incorporated by reference into this Agreement (such as the Platform EULA, Privacy Policy, and vendor agreements) may be updated from time to time. You are responsible for reviewing such documents periodically. The most current versions of incorporated documents govern your use of External Services.

6.3 ASSIGNMENT

(a) User May Not Assign. You may not assign, transfer, delegate, or sublicense your rights or obligations under this Agreement without the express prior written consent of Rise and the applicable vendors. Any attempted assignment in violation of this provision is void.

(b) Rise May Assign. Rise may assign its rights and obligations under this Agreement:

(i) In connection with a merger, acquisition, reorganization, or sale of substantially all of its assets;

(ii) To an affiliate or subsidiary entity; or

(iii) With notice to you.

(c) Vendor Assignment Rights. Vendors may assign their rights and obligations in accordance with their respective agreements. Specific vendor assignment rights:

• FINTRX: FINTRX may assign rights to collect payment owed under the FINTRX agreement.
• SIGMA: Sigma may assign in accordance with the Sigma Master Services Agreement.

6.4 FORCE MAJEURE

(a) Excuse for Non-Performance. Neither party will be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is directly caused by events beyond the party’s reasonable control, including but not limited to:

(i) Acts of God (earthquakes, floods, fires, storms, natural disasters);

(ii) War, terrorism, civil unrest, acts of government;

(iii) Pandemic, epidemic, or public health emergency;

(iv) Widespread telecommunications or power failures;

(v) Strikes, labor disputes, or shortages;

(vi) Vendor failures or third-party service provider failures; or

(vii) Other events beyond reasonable control.

(Collectively, “Force Majeure Events“)

(b) Obligations During Force Majeure. The affected party must:

(i) Promptly notify the other party of the Force Majeure Event; and

(ii) Use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably possible.

(c) Extended Force Majeure – Termination Right (SIGMA).

If a Force Majeure Event prevents Sigma from providing the SIGMA Service for fifteen (15) or more consecutive days, you may terminate your subscription to SIGMA Services upon written notice to Rise and Sigma and receive a pro-rata refund of unused, prepaid fees for the SIGMA Service.

6.5 NOTICE REQUIREMENTS

(a) Written Notice Required. All notices required or permitted under this Agreement must be in writing and sent to the addresses specified in your most recent saubscription agreement, Order Form, or the Platform EULA (as applicable).

(b) Methods of Notice. Notices may be sent by:

(i) Email – deemed received upon confirmation of delivery (which may be automated confirmation);

(ii) Physical delivery – deemed received upon signed receipt; or

(iii) Nationally recognized overnight courier service – deemed received two (2) business days after documented sending.

Notices are deemed received on whichever of the above occurs first.

(c) Updating Contact Information. A party may update its contact information for notices by sending written notice of the updated contact information to the other party in accordance with this Section 6.5.

6.6 RELATIONSHIP OF PARTIES 

Nothing in this Agreement or the Platform EULA creates, or shall be deemed to create, a partnership, joint venture, agency relationship, or employment relationship between you and Rise, between you and any vendor, or between Rise and any vendor. Each party is an independent contractor. No party has any authority to bind any other party or to incur any obligation on behalf of any other party.

6.7 ENTIRE AGREEMENT FOR EXTERNAL SERVICES

This Third-Party Services EULA, together with the Platform EULA and any documents expressly incorporated by reference (including vendor agreements, the Privacy Policy, and Order Forms), constitutes the entire agreement between you and Rise regarding External Services and supersedes all prior or contemporaneous oral or written agreements, understandings, or representations regarding External Services.

This Agreement does not supersede:

(i) Any direct agreements between you and vendors; or

(ii) The Platform EULA with respect to the Rise Platform and Rise’s proprietary services.

6.8 SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties; or if modification is not possible, severed from this Agreement. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

6.9 WAIVER

(a) Waiver Must Be in Writing. No waiver of any provision of this Agreement or any breach thereof shall be effective unless in writing and signed by the party against whom the waiver is asserted.

(b) No Waiver by Conduct. The failure of any party to enforce any provision of this Agreement or to exercise any right under this Agreement shall not constitute a waiver of such provision or right, and shall not affect the party’s ability to enforce such provision or exercise such right in the future.

(c) Specific Waiver Only. Any waiver granted shall be construed as narrowly as reasonably possible and shall apply only to the specific instance for which it is given. A waiver of one breach shall not constitute a waiver of any other or subsequent breach.

6.10 SURVIVAL OF TERMS

The following provisions survive termination or expiration of this Agreement and continue in full force and effect:

(a) Confidentiality obligations (Section 5.1);

(b) Indemnification obligations (Section 4.3);

(c) Intellectual property restrictions and ownership provisions (Sections 1.3(a), 1.3(e), 1.3(h), 2.2, 3.2, 5.3);

(d) Limitation of liability and disclaimer provisions (Sections 4.1 and 4.2);

(e) Dispute resolution provisions (Section 6.1);

(f) Data handling obligations upon termination (Section 4.5(e));

(g) Governing law and venue (Section 6.1); and

(h) Any other provisions that by their nature should survive termination.

These provisions survive for the period necessary to fulfill their purpose or as otherwise specified.

6.11 THIRD-PARTY BENEFICIARIES

Vendors are intended third-party beneficiaries of the applicable provisions of this Agreement and may enforce such provisions directly against you. Except as expressly provided in this Section 6.11, there are no other third-party beneficiaries to this Agreement.

6.12 NO ORAL MODIFICATIONS

This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both parties (or, in the case of amendments by Rise under Section 6.2, by written notice from Rise). No oral statements, representations, or modifications shall be binding or effective to amend this Agreement. Course of performance or course of dealing shall not modify the terms of this Agreement.

6.13 RELATIONSHIP TO OTHER DOCUMENTS

(a) Rise Platform EULA. This Third-Party Services EULA supplements the Rise Platform EULA and is incorporated by reference into Platform EULA Section (i) (External Services). In the event of any conflict between this Third-Party Services EULA and the Platform EULA, the terms of this Third-Party Services EULA shall control with respect to External Services only. For all matters not related to External Services, the Platform EULA governs.

Where this Third-Party Services EULA references specific provisions of the Platform EULA (such as Section (g) for Confidentiality or Section (m) for Limitation of Liability), you remain bound by those Platform EULA provisions, and those references are for convenience and clarification only and do not constitute incorporation by reference.

(b) Rise Privacy Policy. Rise’s Privacy Policy (available at https://risegrowth.com/privacy-policy) is incorporated by reference and governs Rise’s collection, use, sharing, and protection of personal information in connection with the Rise Platform and External Services. The Privacy Policy may be updated from time to time, and you are responsible for reviewing such updates.

(c) Vendor Agreements – Source of Flow-Through Obligations. The requirements and restrictions set forth in this Third-Party Services EULA are derived from and flow through from agreements between Rise and the vendors (FINTRX, SIGMA, and others). You are not a party to those vendor agreements. Rise is the customer under those agreements, and Rise has agreed to ensure that its users comply with certain vendor requirements.

The vendor agreements from which these obligations flow include:

• FINTRX Subscription Agreement between Rise and FINTRX, Inc.
• SIGMA Master Services Agreement between Rise and Sigma Computing, Inc.

You acknowledge that your violation of vendor requirements may cause Rise to breach Rise’s agreements with vendors, and you agree to indemnify Rise for such breaches as set forth in Section 4.3.

(d) Vendor Privacy Policies and Documentation. Each vendor maintains its own privacy policies, security policies, and user documentation, which govern how the vendor processes data and provides services. While you are not a direct party to these policies, you acknowledge that:

• FINTRX:  FINTRX’s privacy practices apply to data you provide through FINTRX Services
• SIGMA:  Sigma’s Security Policy and privacy practices apply to data you provide through SIGMA Services; Sigma’s data processing is also governed by a Data Processing Agreement (DPA) between Rise and Sigma.

You are responsible for reviewing vendor privacy policies, which are available through the respective vendor websites or through Rise.

(e) Updates and Modifications. All documents referenced in this Section 6.13 may be updated or modified from time to time. Rise will provide you with notice of material changes to this Third-Party Services EULA or vendor terms that affect your rights or obligations. Your continued use of External Services after such notice constitutes acceptance of the updated terms.

6.14 HEADINGS; INTERPRETATION

(a) Section headings and captions in this Agreement are for convenience only and shall not affect the interpretation or construction of any provision.

(b) Unless the context requires otherwise:

(i) Words in the singular include the plural and vice versa;

(ii) References to “including” or “includes” mean “including without limitation” or “includes without limitation”;

(iii) “Or” is not exclusive;

(iv) References to “writing” or “written” include email and electronic communications; and

(v) “May” means “has the right to, but is not obligated to.”

(c) This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted.

6.15 ACCEPTANCE AND BINDING AGREEMENT

(a) Click-Through Acceptance. This Agreement is presented to you electronically and requires your affirmative acceptance before you may access or use External Services. By clicking “I Accept,” “I Agree,” “Continue,” or any similar button or checkbox, or by accessing or using any External Service after being presented with this Agreement, you acknowledge that:

• You have read and understand this Agreement.
• You agree to be bound by all terms and conditions of this Agreement.
• You have the authority to bind yourself (and your Firm, if applicable) to this Agreement.
• This Agreement is a legally binding contract between you and Rise.
• Electronic acceptance has the same legal effect as a handwritten signature.

(b) Electronic Records. You consent to receive this Agreement and all related notices, disclosures, and communications in electronic form. You agree that electronic records of this Agreement have the same legal force and effect as paper records.

(c) Effective Date. This Agreement becomes effective on the date you first accept it by clicking the acceptance button or by first accessing or using any External Service, whichever occurs first (the “Effective Date”).

(d) No Acceptance Without Authority. You represent and warrant that you have the legal authority to accept this Agreement on behalf of yourself and, if applicable, your Firm. If you do not have such authority, you must not accept this Agreement or access External Services.

(e) Maintaining a Copy. You may print or save a copy of this Agreement for your records. A current version of this Agreement is always available at https://risegrowth.com/third-party-services-eula.

(f) Continued Access Constitutes Acceptance. Each time you access or use External Services, you reaffirm your acceptance of this Agreement as it may have been updated in accordance with Section 6.2 (Amendment and Modifications).

Rise’s Commitment to Users. Rise values its relationship with Users and aims to deliver a reliable, compliant, and secure analytics experience. Rise remains committed to working collaboratively with Users to interpret and apply these terms in a manner consistent with both legal requirements and practical business needs.

APPENDIX A: KEY DEFINITIONS

For convenience, key terms used in this Agreement are defined below:

TERM	DEFINITION
Agreement or Third-Party Services EULA	This Third-Party Services End User License Agreement
Authorized User	(FINTRX) Employee of Subscriber or Affiliate, designated as user with unique credentials
Content	(FINTRX) Proprietary data within FINTRX Platform
Customer Data	(SIGMA) Data in Customer’s data warehouse analyzed via SIGMA Service
Embedded Platform	(SIGMA) Feature allowing Customer to provide Embedded Workbooks to end users (if purchased)
Embedded Workbooks	(SIGMA) Workbooks embedded in Customer’s application/website for Embedded Users
External Services	Third-party technologies incorporated into or made available through Rise Platform (defined in Platform EULA Section (i))
FINTRX	FINTRX, Inc., provider of intelligence and wealth data platform
Input Data	(SIGMA) Data entered by users via Input Tables functionality
Platform EULA	Rise Growth Partners LLC’s End User License Agreement governing Rise Platform
Reports	(SIGMA) Static exports of Visualizations
Rise or Licensor	Rise Growth Partners LLC
Service	(SIGMA) Sigma’s cloud-based intelligence tool and service
SIGMA	Sigma Computing, Inc., provider of analytics and business intelligence platform
Sigma Platform Users	(SIGMA) Customer’s employees and contractors with direct access to full SIGMA Service
Subscriber Data	(FINTRX) Proprietary data uploaded to FINTRX by Subscriber
User or You	Individual accessing External Services; “Your Firm” means affiliated firm
User Information	(SIGMA) Information required to access Service (IP, username, password, PII)
Visualizations	(SIGMA) Visual representations of data generated by Service
Work Product	(FINTRX) Presentations and reports incorporating FINTRX Content