[LEGAL] TERMS OF SERVICE

Terms of Service

Enterprise SaaS Agreement · Version 1.0 · Effective Date: July 24, 2026

DemKay Technologies LLC · 2954 Palmetto Ridge Way · Lynn Haven, FL 32444

1. Acceptance of Terms

1.1 Agreement to Be Bound

These Terms of Service ("Terms") form a binding agreement between DemKay Technologies LLC ("DemKay," "LaunchOS," "we," "us," or "our") and the individual or legal entity accessing or using the LaunchOS platform, websites, applications, APIs, support services, documentation, and related offerings (collectively, the "Services"). By creating an account, accepting an order form, starting a trial, clicking an acceptance button, or accessing or using the Services, you agree to these Terms. If you act for an organization, you represent that you have authority to bind that organization.

1.2 Incorporated Documents

These Terms incorporate by reference the LaunchOS Privacy Policy, any applicable order form, subscription agreement, Data Processing Addendum, Service Level Agreement, acceptable-use rules, and other documents expressly identified as part of the agreement.

1.3 Conflict of Terms

If an executed order form or negotiated agreement conflicts with these Terms, the executed document controls only to the extent of the conflict. A Data Processing Addendum controls for personal-data processing matters, and an SLA controls for expressly stated service-level commitments.

1.4 Changes to the Services

LaunchOS may improve, modify, replace, or discontinue features. We will use commercially reasonable efforts to provide advance notice of material reductions in core paid functionality when reasonably practicable.

2. Definitions

"Authorized User" means an individual permitted by a Customer Organization to access the Services.
"Customer" or "Customer Organization" means the legal entity purchasing, trialing, or administering the Services.
"Customer Data" means data, content, records, files, instructions, and configurations submitted to or generated for a Customer through the Services.
"Services" means LaunchOS software, applications, websites, APIs, support, and related services.
"Subscription Term" means the period during which the Customer is authorized to use paid Services.
"User" means an Authorized User, administrator, applicant, driver, employee, contractor, or other person accessing the Services.

3. Eligibility

3.1 Legal Capacity

Users must be at least 18 years old or the age of legal majority in their jurisdiction and capable of entering a binding agreement. The Services are designed primarily for business use.

3.2 Authorized Business Use

An individual using the Services for a Customer represents that the individual is authorized to do so. Customers are responsible for ensuring that use by employees, contractors, applicants, drivers, and administrators complies with applicable law and internal policy.

3.3 Restricted Persons and Uses

The Services may not be used by persons or entities prohibited under applicable sanctions, export-control, anti-money-laundering, or other laws. LaunchOS may perform reasonable verification.

3.4 No Competitor Misuse

A direct competitor may not access the Services to benchmark, copy, reverse engineer, or develop a competing product without prior written authorization.

4. Account Registration

4.1 Organization Registration

Organizations may apply to register for LaunchOS by providing legal business name, business address, contact details, authorized representative, billing information, industry, workforce size, operational details, and other information reasonably necessary for onboarding.

4.2 Organization Approval

DemKay Technologies LLC may approve or deny an organization registration request after reviewing business legitimacy, contact information, subscription eligibility, compliance considerations, fraud indicators, security concerns, or other onboarding factors.

4.3 Trial Access

Approved organizations may receive limited-duration trial access. Trials may restrict features, users, integrations, storage, exports, support, or other capabilities and may expire automatically unless converted to a paid subscription.

4.4 Organization Administrators

Upon approval, the Customer designates one or more Organization Administrators who manage tenant settings, invite and remove users, assign roles, configure permissions, manage integrations, and review billing information.

4.5 Account Accuracy

Customers and Users must keep registration information complete and current.

5. Organization Accounts and Tenant Management

5.1 Multi-Tenant Architecture

LaunchOS is designed as a multi-tenant platform. Each Customer receives a logically separated Organization Account, and users are authorized only for the tenant or tenants to which they are assigned.

5.2 Tenant Isolation

LaunchOS uses role-based access, organization identifiers, server-side authorization, and related controls intended to prevent one Customer from accessing another Customer's data. Customers must not attempt to bypass tenant isolation.

5.3 Administrative Authority

Organization Administrators may create, invite, suspend, change, or remove users and roles. The Customer is responsible for promptly revoking access when personnel leave or change roles.

6. User Accounts and Responsibilities

6.1 Credentials

Users must maintain the confidentiality of passwords, authentication codes, recovery methods, and devices used to access LaunchOS. Credentials may not be shared except through an approved shared-service-account process.

6.2 Role-Based Access

Users may access only the functions and data authorized for their assigned role. A user must not use another person's account, elevate privileges, or bypass permissions.

6.3 Account Security

Users must notify LaunchOS and their Organization Administrator promptly of suspected unauthorized access, lost devices, compromised credentials, or other security incidents.

6.6 No Personal Emergency Service

LaunchOS is not a substitute for emergency services. Users facing an emergency should contact appropriate emergency responders and follow workplace safety procedures.

7. Subscription Plans, Billing, and Payments

7.1 Plans

LaunchOS may offer Free Trial, Basic, Pro, Enterprise, Custom, or other subscription plans. Features, usage limits, storage, integrations, support, and pricing may vary by plan and order form.

7.2 Fees

The Customer agrees to pay all fees stated in the applicable order form or checkout flow. Fees are generally quoted and charged in U.S. dollars unless otherwise stated.

7.3 Billing Authorization

The Customer authorizes LaunchOS and its payment processor to charge the selected payment method for recurring fees, taxes, overages, add-ons, and other authorized charges.

7.4 Renewal

Unless an order form states otherwise, paid subscriptions renew automatically for successive periods matching the initial billing cycle until canceled.

7.5 Taxes

Fees exclude applicable sales, use, value-added, withholding, and similar taxes. The Customer is responsible for taxes other than taxes based on DemKay Technologies LLC's net income.

7.7 Refunds

Fees are non-refundable except as expressly stated in an order form, SLA, written agreement, or applicable law. Cancellation generally stops future renewal rather than reversing accrued charges.

7.8 Pricing Changes

LaunchOS may change pricing for future renewal terms by providing reasonable notice.

8. Acceptable Use

8.1 Lawful Use

The Services may be used only for lawful business purposes and in compliance with these Terms, Documentation, applicable laws, and the Customer's own policies.

8.2 Prohibited Conduct — Users may not:

Access another tenant, account, system, or data without authorization.
Introduce malware, ransomware, destructive code, or harmful files.
Probe, scan, or test vulnerabilities without written authorization.
Attempt to bypass security, rate limits, role permissions, or usage controls.
Use the Services for harassment, discrimination, threats, fraud, defamation, or unlawful surveillance.
Upload content that infringes intellectual property, privacy, publicity, or contractual rights.
Use automated tools to scrape, overload, or disrupt the Services.
Reverse engineer, decompile, or copy the Services except where law prohibits restriction.
Misrepresent AI-generated content as verified fact without appropriate review.

8.3 Safety and Transportation Use

Customers must not use LaunchOS to encourage unsafe driving, distracted driving, falsification of inspections, concealment of vehicle defects, or circumvention of safety requirements.

9. Customer Responsibilities

9.1 Legal Compliance

The Customer is responsible for determining and complying with laws applicable to its workforce, applicants, operations, vehicles, safety programs, records, communications, and use of the Services.

9.2 Employment and Labor Matters

LaunchOS does not act as the Customer's employer, co-employer, staffing agency, payroll provider, legal adviser, or human-resources decision-maker. The Customer remains solely responsible for hiring, scheduling, pay, discipline, promotion, termination, accommodations, leave, and workplace investigations.

9.3 Data Authority and Notices

The Customer must have lawful authority to collect, upload, process, and disclose Customer Data and must provide required notices, obtain required consents, and honor individual rights.

9.5 Backups and Exports

Customers should use available export tools to maintain records they are legally or operationally required to preserve. LaunchOS backups are designed for service recovery and are not a substitute for the Customer's recordkeeping obligations.

10. AI Services

10.1 AI-Assisted Features

LaunchOS may provide AI-assisted summaries, recommendations, parsing, classification, scheduling, coaching support, route or vehicle suggestions, anomaly detection, forecasting, document generation, and other features.

10.2 Advisory Nature

AI outputs are probabilistic, may be incomplete or incorrect, and are provided for assistance only. They do not replace qualified human review, professional advice, safety judgment, legal compliance, or managerial responsibility.

10.3 Human Oversight

The Customer must review AI outputs before using them for employment, recruiting, discipline, compensation, scheduling, safety, compliance, fleet, financial, or other material decisions.

10.6 Service Improvement

LaunchOS may use aggregated or de-identified usage information to evaluate and improve AI performance. Customer Data will not be used to train general-purpose models unless authorized or otherwise disclosed with an appropriate legal basis.

12. Intellectual Property Rights

12.1 LaunchOS Property

DemKay Technologies LLC and its licensors retain all right, title, and interest in the Services, software, interfaces, designs, workflows, documentation, trademarks, logos, databases, models, and related intellectual property, excluding Customer Data.

12.2 Limited License

Subject to payment and compliance with these Terms, LaunchOS grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to permit Authorized Users to access and use the Services for the Customer's internal business operations.

12.4 Customer Materials

The Customer retains ownership of Customer Data, trademarks, and materials it provides. The Customer grants LaunchOS a limited license to host, process, transmit, display, and otherwise use those materials as necessary to provide and secure the Services.

13. Customer Data and Data Processing

13.1 Customer Data Ownership

As between the parties, the Customer Organization retains all right, title, and interest in its Customer Data, including employee records, driver records, applicant information, fleet records, operational data, documents, communications, reports, organization settings, dashboards, workflow configurations, and AI-generated outputs created for the Customer's business use.

13.4 Confidential Processing

Customer Data is treated as confidential. Access is limited to authorized personnel who require it to operate the platform, provide support, respond to incidents, maintain infrastructure, comply with law, or perform other authorized functions.

13.5 Security Measures

LaunchOS maintains commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data, including encryption in transit, encryption at rest where appropriate, authentication controls, role-based access, audit logging, monitoring, backup procedures, security testing, and incident response.

13.10 Retention and Deletion

Customer Data is retained in accordance with these Terms, the Privacy Policy, subscription documents, Customer instructions where supported, and legal obligations.

14. Confidentiality

14.1 Confidential Information

"Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential or that reasonably should be understood to be confidential, including business plans, pricing, security information, software, technical materials, Customer Data, and trade secrets.

14.2 Protection

Each receiving party will use at least reasonable care to protect the other party's Confidential Information and will use it only to perform or receive the Services and exercise rights under the agreement.

14.8 Survival

Confidentiality obligations survive for five years after disclosure, except trade-secret obligations survive for as long as the information remains a trade secret under applicable law.

15. Service Availability, Support, and Maintenance

15.1 Availability Objective

LaunchOS will use commercially reasonable efforts to make paid Services available, excluding planned maintenance, emergency maintenance, third-party failures, force majeure events, Customer systems, and other exclusions. Any binding uptime commitment applies only if stated in an SLA or order form.

15.4 Beta and Preview Features

Beta, pilot, preview, experimental, or evaluation features may be incomplete, changed, or discontinued at any time and may be provided without service-level commitments.

16. Suspension and Termination

16.1 Suspension

LaunchOS may suspend access immediately where reasonably necessary to address nonpayment, security threats, suspected unauthorized access, legal requirements, acceptable-use violations, risk to other customers, or material breach.

16.3 Customer Cancellation

The Customer may cancel renewal through available account controls or by following the cancellation process stated in the order form. Cancellation does not relieve accrued payment obligations.

16.6 Effect of Termination

Upon termination, access ends, unpaid amounts become due, licenses cease, and each party must stop using the other's confidential materials except as legally permitted.

16.7 Data Retrieval

Unless otherwise stated in an order form, LaunchOS may provide a limited post-termination period for authorized export of Customer Data. After that period, data may be deleted in accordance with retention practices and law.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LAUNCHOS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

17.2 No Guaranteed Results

LaunchOS does not guarantee operational results, cost savings, productivity, compliance, employee performance, safety outcomes, route completion, vehicle availability, hiring outcomes, or business success.

17.4 Professional Advice Disclaimer

The Services do not provide legal, employment, tax, accounting, medical, insurance, transportation-safety, or other professional advice. Customers should consult qualified professionals.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

18.2 Liability Cap

EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER TO LAUNCHOS FOR THE AFFECTED SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

18.7 Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, severe weather, fire, war, terrorism, civil unrest, labor disputes, epidemics, government action, internet or utility failures, cloud outages, cyberattacks, or third-party service failures.

19. Indemnification

19.1 Customer Indemnification

To the fullest extent permitted by law, the Customer agrees to defend, indemnify, and hold harmless DemKay Technologies LLC, its affiliates, officers, directors, employees, contractors, licensors, successors, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from the Customer's or its Users' use of the Services, Customer Data, violation of these Terms or law, employment or privacy practices, misuse of AI outputs, custom workflows, integrations, instructions, negligence, or wrongful conduct.

19.3 Employment Decisions

The Customer remains solely responsible for hiring, termination, discipline, promotion, compensation, scheduling, assignments, evaluations, coaching, investigations, accommodations, and labor-law compliance and will indemnify LaunchOS against related claims arising from Customer decisions.

20. Governing Law and Dispute Resolution

20.1 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where mandatory law requires otherwise.

20.2 Informal Resolution

Before filing a formal claim, the parties will attempt in good faith for at least 30 days to resolve the dispute through written notice and business-level discussion.

20.3 Venue

Unless the parties agree to arbitration in an order form or separate agreement, state and federal courts located in Bay County, Florida, or the applicable federal district, will have exclusive jurisdiction.

20.6 No Class Proceedings

To the extent permitted by law, each party may bring claims only in its individual capacity and not as a plaintiff or class member in a class, collective, consolidated, representative, or private-attorney-general action.

21. General Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy, applicable subscription agreement, order form, SLA, DPA, and documents expressly incorporated by reference, constitute the entire agreement regarding the Services and supersede prior related understandings.

21.2 Amendments

LaunchOS may update these Terms to reflect service, legal, security, or business changes. Material changes will become effective after reasonable notice through the platform, email, or website. Continued use after the effective date constitutes acceptance where permitted.

21.4 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, franchise, or employment relationship.

21.5 Notices

Formal legal notices to DemKay Technologies LLC must be sent to 2954 Palmetto Ridge Way, Lynn Haven, FL 32444, United States, and to legal@launchoshub.com.

21.8 Severability

If a provision is invalid or unenforceable, the remaining provisions remain effective.

21.15 Contact Information

Questions may be directed to DemKay Technologies LLC · 2954 Palmetto Ridge Way · Lynn Haven, FL 32444 · legal@launchoshub.com