General Terms and Conditions of Foreus Intelligence GmbH

§ 1 Scope of Application

1.1 These General Terms and Conditions (“GTC”) apply to all deliveries, services, offers and cost estimates of
Foreus Intelligence GmbH (“Foreus”) in Germany and abroad vis-à-vis all contractual partners (“Client”)
and, unless otherwise agreed in detail, form an integral part of all contracts concluded between Foreus and the
Client. Should the GTC contradict individual provisions in contracts between Foreus and the Client, then the
contractual provision shall prevail and the contradictory provision of the GTC shall not apply.

1.2 Clients can be private contractual partners, companies and governmental authorities. Deviating and/or
contradictory contractual terms and conditions of the client are hereby expressly contradicted by Foreus and shall
therefore not be applied.

§ 2 Offer, Conclusion of Contract and Default Interest

2.1 All offers and cost estimates of Foreus are subject to change and non-binding. The conclusion of a contract
with Foreus is legally effective only by written acceptance of the offer by the client or by mutual signing of a
separate contract between Foreus and the client. The execution of an order can be refused by Foreus without
giving reasons.

2.2 The assignment of contractual claims against Foreus is only permitted and binding with the prior written
consent of Foreus.

2.3 Invoices from Foreus are due for payment upon receipt. In case of default, interest on arrears in the amount of
9.2 percentage points above the base interest rate shall be deemed to have been agreed upon and reminder fees
and collection expenses shall be reimbursed.

2.4 For possible special services and additional orders ordered by the client, which are not regulated in the offer of
Foreus or the contract concluded between Foreus and the client, Foreus will charge per employee an amount of
Euro 160,– plus 20% VAT (if turnover is taxable in Austria) per hour (invoicing in 15-minute intervals) plus cash
expenses. This also applies if Foreus employees are called upon as witnesses in legal proceedings of the client.

2.5 By placing an order or concluding a contract, the client automatically declares to have a corresponding
overriding legitimate interest in the ordered deliveries, services or performances of Foreus and that these are
necessary to protect the overriding legitimate interests of the client.

2.6 Unless otherwise agreed for the provision of deliveries, services and other services in individual cases, our
current order-related hourly rates plus statutory value added tax shall apply at the time of conclusion of the
contract. The current hourly rates are as follows:

2.6.1 Junior Investigator – 230€.

2.6.2 Investigation Specialist – 250€

2.6.3 Senior Investigation Specialist – 310€

§ 3 Services of Foreus

3.1 Foreus mainly provides deliveries, performances and services in connection with the following trades:

3.1.1 Security trade, limited to the trade of professional detectives

3.1.2 Services in automatic data processing and information technology

3.1.3 Credit bureaus on credit relationships

3.1.4 Services in automatic data processing and information technology

3.1.5 Commercial trades except for regulated commercial trades

3.2 Foreus is entitled to engage appropriate subcontractors for the performance of the contract at its own expense

and to replace them at its discretion without having to disclose their identity to the client.

§ 4 Duties and Cooperation of the Client

4.1 The disclosure of the information required for the fulfillment of the contract is done in such a way that the client
returns a data sheet provided by Foreus to Foreus filled out. The client undertakes to provide Foreus with all
documents, data and other information required for the proper fulfilment of the contract, completely and correctly,
or to enable Foreus to process them. Foreus has to be informed immediately in writing about any changes of data,
information or other circumstances important for the performance of the order which occur during the performance
of the order.

4.2 If Foreus requires additional information or data from the client, the client has to deliver or provide such
information or data without unnecessary delay.

4.3 The client undertakes to inform Foreus in writing to which transmission address as well as to which recipient
contract-related correspondence and products, such as research results or reports, are to be transmitted.
Furthermore, the means of transmission (e-mail, cloud, telephone, fax, letter post, messenger) to be selected and
the special precautions to be taken as well as the degree of confidentiality to be observed shall be stated in writing.
Communications and dispatch shall be at the risk of the client. Foreus explicitly points out the dangers of viruses
or other harmful programs and the possibility of hacker attacks. The use of current browser versions and anti-virus
software is therefore strongly recommended by Foreus.

4.4 Assistance and cooperation of the client will be free of charge. Foreus has to be informed immediately in
written form about any changes of data, information or other circumstances which are important for the fulfillment
of the order. In addition, the client is obliged to support all other measures which are necessary for the fulfillment
of the contract by Foreus.

4.5 The client is responsible for any necessary information of the persons or companies affected by the fulfilment
of the contract, including the notification of the measures to be taken, and the client has to indemnify and hold
Foreus completely harmless in this respect.

4.6 A set-off with claims against Foreus or the exercise of a right of retention is only allowed in case of claims
acknowledged by Foreus or legally established.

§ 5 Immediate Termination for Cause

5.1 The parties can terminate contracts concluded between them for important reasons without observing a certain
period of notice in writing. In particular, the following shall be regarded as good cause
A significant breach of contract by the other party,
A significant breach of contract by the other party
Delay in payment of more than fourteen days after invoicing or settlement of cash expenses, with a grace
period of an additional seven days,
If the order cannot be fulfilled or cannot be fulfilled in its entirety,
If reorganization proceedings or insolvency proceedings are opened against a party or if the opening of such
proceedings is rejected for lack of assets to cover costs,
Any important reason, the knowledge of which prior to the conclusion of the contract would have led the
party not to conclude this contract or not to conclude it in this form.

5.2 If a party terminates the contractual relationship prematurely for an important reason and Foreus is not
seriously to blame for this, Foreus is not obliged to refund a deposit already agreed upon. In any case Foreus is
entitled to reimbursement of cash and expenses by the client.

§ 6 Disclaimer

6.1 The client expressly acknowledges that Foreus obtains its information and data in the verification and research
work to the best of its knowledge and belief exclusively based on the information, data and documents provided
by the client with the support of software from publicly available sources or conducted interviews and research.
Foreus uses sources of information that it deems to be reliable. Content may change at any time or may be based
on erroneous information provided by third parties. Therefore, Foreus cannot guarantee or be liable for the
accuracy, completeness or timeliness of the information. Foreus therefore assumes no liability for the
completeness and accuracy of the information provided by the client as well as the information and results
obtained through its own performance.

6.2 Foreus therefore exclusively owes the proper execution of the agreed services. Foreus is not liable for any
kind of success of the given order. The client is responsible for checking the information and documents submitted
to Foreus in advance for their correctness and completeness.

6.3 It is therefore expressly stated that the order is also considered to be fulfilled if, despite Foreus’ performance
according to the order, no and/or not the information or findings requested by the Client can be determined. A
success is therefore expressly considered as not owed.

6.4 The parties undertake in principle to take measures to ensure data security and to comply with the principles
of data secrecy and protection.

6.5 The Client is aware, however, that he has commissioned Foreus for his own legitimate interest to also
determine sensitive data and information, which are sometimes also subject to data protection, about persons and
companies and to deliver them to the Client. The Client expressly permits Foreus, within the scope of the
assignment, to access and use systems and data that are generally protected by law. The client therefore agrees
to fully indemnify and hold Foreus harmless with respect to claims for damages and other claims of these persons
or companies, including any data protection violations, regardless of whether persons or companies assert their
claims against the client or directly against Foreus. Indemnification and hold harmless also means to take over the
resulting legal costs, possible fines, etc., and to inform these persons or companies in case of an event. In
addition, the client is obligated to handle information obtained that is subject to data protection with care and not to
make it accessible to third parties under any circumstances, whether by notification or temporary inspection or in
any other way. The Client will independently ensure that those persons and companies, with regard to whom
he/she instructs Foreus with the verification, declare to the Client in writing that they agree with the verification and
that they grant the Client and Foreus the access to protected data. The Client is responsible for the necessary
notification of the persons or companies affected by the inspection, including the announcement of the measures
to be taken.

6.6 Furthermore, the parties are mutually liable only for damages caused by gross negligence. If there is no
grossly negligent conduct, the parties shall indemnify and hold each other harmless. Generally, no liability shall be
assumed for loss of profit, indirect damage or consequential damage.

6.7 The client is aware of Foreus determines its findings mainly with the help of various special software. Foreus
undertakes to always maintain and update this software accordingly but shall not be liable for any damage or
incorrect investigation results that are due to an error or damage of the software.

6.8 Liability for and due to impossibility of performance caused by force majeure, pandemic, including causes
within the scope of military operations or by acts of public authorities is excluded. The claim for payment of Foreus
remains unaffected.

6.9 Unless other regulations are mandatory by law, claims for damages against Foreus expire and become timebarred
if they are not asserted in court within six months from the date of knowledge of the damage and the

person of the damaging party or of the event otherwise giving rise to the claim, but at the latest after the expiration
of five years after the event giving rise to the claim.
6.10 As far as permitted by law, the liability of Foreus for vicarious agents who are not employees of Foreus is

6.11 In the sense of the data protection law the client is to be considered as responsible person and has to
indemnify and hold Foreus harmless in this respect.

§ 7 Confidentiality
7.1 The parties undertake to maintain absolute confidentiality regarding the present order, the respective
employees, the content of the data and information provided and determined, the content of this agreement and in
general regarding all details related to the order and the party, even after termination of the order.

7.2 The client is only allowed to disclose the name of Foreus to third parties or to publish it with the consent of

7.3 The reports and communications or recommendations prepared by Foreus within the framework of the
accompanying consulting services are exclusively intended for the internal use of the client and may neither be
published nor disclosed or handed over to third parties nor used for purposes not related to the contract.

7.4 The parties mutually acknowledge and agree that one or both contracting parties may be obliged in
compliance with statutory provisions to disclose general or substantive details about the contractual relationship,
the reports prepared, and the information obtained, so that the parties mutually release each other from their duty
of confidentiality vis-à-vis government authorities. In the event of any such governmental or regulatory
requirement, inspection or review, each party shall provide reasonable assistance to the other party. Each party
will provide timely notice to the other party when such disclosure is to be made.

7.5 The client agrees to keep secret the working techniques and programs used by Foreus as well as the identity
of Foreus’ employees and subcontractors.

§ 8 Other provisions

8.1 Any party or other beneficiary receiving payment under an agreement with Foreus shall be responsible for the
payment of income and other taxes pertaining to them and shall be obligated to fully indemnify and hold Foreus
harmless in this regard.

8.2 Client and Foreus undertake not to circumvent each other in any transaction, nor to attempt to do so, either
directly or indirectly, or through third parties.

8.3 The exclusive jurisdiction of the Commercial Court of Vienna, the application of Austrian law and the German
language are agreed upon as place of jurisdiction for the judicial assertion of fees and expenses as well as for
other legal disputes of any kind.

8.4 Amendments and supplements to these GTC as well as all declarations related thereto shall be made in writing
in order to be legally effective.

8.5 Should any of the provisions set forth herein be invalid, void or unenforceable in whole or in part, the validity of
the remaining provisions shall not be affected thereby. In this case, the provision that comes closest to the invalid,
void or unenforceable provision shall apply mutatis mutandis. The same shall apply to any loopholes in this

8.6 With regard to all matters relevant to data protection, reference is made to the corresponding data protection
guidelines of Foreus.

8.7 The client assures with his signature that his statements regarding the justified interest in the execution of the
order correspond to the facts and that no illegal, immoral or state-endangering goals are pursued with the order.

8.9 The client shall only be entitled to use the reports, documents and data provided to him for the contractually
intended use and shall under no circumstances be entitled to pass them on to third parties against payment or free
of charge. All copyrights, rights of use and other protective and proprietary rights, such as in particular copyrights,
trademarks, logos, patents, other intellectual property rights or other rights remain with Foreus. The client is
entitled to a right of use limited to internal use. The client is not allowed at any time to present the services of
Foreus to third parties or in public as own services of the client (point 7.2 remains unaffected).

8.10 The client agrees to refrain from any actions that would allow him or third parties to imitate Foreus’ reporting
system, the way and methodology of information gathering or the form presentation of individual documents. This
also applies after the termination of the business relationship between the parties.
8.11 These GTC are prepared in German and English version. In case of doubt, the German version shall prevail.

Privacy statement FOREUS Intelligence GmbH Stand 30.05.2023