Acceptable Use Policy

ASCEND BY EVOLV™ ACCEPTABLE USE POLICY

Last modified March 19, 2019

1.Definitions.

All capitalized terms used in this Acceptable Use Policy (“AUP”) will have the meanings given to them in either the Evolv Software as a Service Agreement, entered into between Evolv and the applicable Customer, or the Ascend by Evolv Terms of Service, as applicable (in each case, the “Agreement”).

2. Restrictions.

Customer shall not, directly or indirectly, and Customer shall not permit any User or third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Evolv Service; (b) modify, translate, or create derivative works based on any element of the Evolv Service or Documentation; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Evolv Service (except in connection with an assignment permitted under the Agreement); (d) use the Evolv Service for the benefit of any person or entity other than Customer, except as may be expressly authorized in the Agreement; (e) remove any proprietary notices from the Documentation; (f) use the Evolv Service for any purpose or in any manner other than as expressly authorized in the Agreement and in accordance with the Documentation; (g) interfere with or disrupt the integrity or performance of, or impair the Evolv Service; (h) introduce any Open Source Software into the Evolv Service; or (i) circumvent or otherwise interfere with any user authentication or security for, or attempt to gain unauthorized access to, the Evolv Service or its related systems or networks.

3. Usage Rules.

Customer agrees: (a) to abide by all local, state, federal, and international laws, rules and regulations applicable to Customer’s and its Users’ use of the Evolv Service and operation of the Authorized Web Sites, including without limitation the provision and storage of Customer Data; (b) not to send or store data on or to the Evolv Service which violates any third party rights; (c) not to upload any information or content that contain viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or data that may damage the operation of the Evolv Services or another’s computer or mobile device; (d) not to upload any data regarding an individual’s financial or economic identity, sexual orientation, religious beliefs, medical or physical identity, including any information comprised of either “Protected Health Information” subject to and defined by the Health Insurance Portability and Accountability Act, personal information from a child under 13 years of age subject to the Children’s Online Privacy Protection Rule (“COPPA”), or an individual’s first name and last name, or first initial and last name, in combination with any one or more of the following data elements that relate to such individual: Social Security number, driver’s license number or state-issued identification card number, financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to an individual’s financial account; (e) not to use the Evolv Service for illegal, fraudulent, unethical or inappropriate purposes; (f) not to interfere or disrupt networks connected to the Evolv Service or interfere with other ability to access or use the Evolv Service; (g) not to distribute, promote or transmit through the Evolv Service any unlawful, harmful, obscene, pornographic or otherwise objectionable material; (h) not to transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; (i) not to interfere with another customer’s use and enjoyment of the Evolv Service; (j) to comply with all regulations, policies and procedures of networks connected to the Authorized Web Sites;. Customer is solely responsible for, and Evolv bears no responsibility in connection with, all Customer communications or Customer Data posted, stored or transmitted using the Evolv Service, including the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. Evolv may remove any violating content or data posted, stored or transmitted using the Evolv Service, without notice to Customer, however, Evolv does not guarantee, and is not obligated to monitor the Customer Data for any purpose.

4. Accuracy of Customer’s Contact Information; Email Notices.

Customer agrees to provide accurate, current and complete information as necessary for Evolv to communicate with Customer from time to time regarding the Evolv Services, issue invoices or accept payment, or contact Customer for other account-related purposes. Customer agrees to keep any online account information current and inform Evolv of any changes in Customer’s legal business name, address, email address and phone number. Customer agrees to accept emails from Evolv at the e-mail addresses specified by its Users for login purposes. In addition, Customer agrees that Evolv may rely and act on all information and instructions provided to Evolv by Users from any such e-mail address(es).

5. Modification.

Evolv reserves the right to amend this AUP at any time upon notice, which may be given to Customer via e-mail or through the Evolv Services, and such modified AUP will be posted with an updated effective date. Customer’s continued access to and use of the Evolv Services following issuance of such updated AUP shall constitute Customer’s acceptance thereof.