Terms of Service & License Agreement

Fortris™ AI Terms and Conditions of Service and License Agreement

Effective Date: April 30, 2026
Last Updated: April 30, 2026

Battle Motors, Inc., (“Company”), a Delaware corporation with a principal place of business at 1951 Reiser Avenue SE, New Philadelphia, OH 44663 provides Fortris™ AI services subject to the following Terms and Conditions of Service and License Agreement (“Agreement”). This Agreement governs the Services provided by Company to Customer. The specific Services and Fees shall be detailed in a Scope of Work (SOW) and Order Form & Invoice and form an integral part of this Agreement and are hereby incorporated into and subject to the terms and conditions of this Agreement. All appendices referred to in this Agreement form an integral part of this Agreement and are hereby incorporated and made a part of this Agreement for all purposes. Throughout these Agreement, “Company” refers to Battle Motors and “Customer” or “you” refers to you and such corporation or other legal entity on whose behalf you access the site. Please read this information carefully.

1. Acceptance of Terms

By accessing or using the Fortris™ AI platform, including any and all of Company’s Software and Hardware, (collectively “Services”), Customer acknowledges that Customer has read, understood and agrees to be bound by these Terms and Conditions of Service (“Terms”). IF CUSTOMER DOES NOT AGREE TO THESE TERMS, CUSTOMER MAY DECLINE OR CEASE THE USE OF THE SERVICES DEFINED BELOW.

2. Description of Services

Fortris™ AI will receive data from Customer employee(s) and vehicle(s), store the data, apply software logic to the data, and transmit reports, recommendations, and alerts to the Customer based on the application of the software logic to the data. The Services may be modified, suspended or discontinued with or without notice and without any liability to Company.

3. Use of Services

Customer agrees to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. By using the Services, Customer agrees not to engage in any activities that violate any applicable federal, state, local or international laws or regulations, including those pertaining to the export of data or software to and from the United States or other countries. Company reserves the right to determine what constitutes appropriate conduct and usage of the Services and may cease to provide or restrict access to any or all of the Services to any user at any time, for any reason, without prior notice. Customer is responsible for all acts and omissions of its authorized users, and any act or omission by an authorized user that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all authorized users aware of these terms as applicable to such authorized user’s use of the Service and shall cause its authorized users to comply with such provisions.

Company’s Privacy Policy, included as Appendix III of these Terms of Service, explains how it collects and uses the data collected in performing the Services, which customer hereby agrees to.

4. Definitions

4.1 Hardware: Any Cameras, sensors, and gateways, and any related peripheral devices provided for generating data communicated to Fortris™ AI.

4.2 Software: Applications, embedded software, and/or cloud-based platforms developed and/or utilized by Fortris™ AI.

4.3 Customer Data: All data, including images and videos, collected through the use of Fortris™ AI’s Hardware and Software, including but not limited to the following: (a) Telematics data (e.g., GPS, CAN bus), (b) Diagnostic and maintenance records, (c) Images and videos captured by vision systems and (d) User-generated content and annotations.

5. Fees and Payment Terms

5.1 Fees – In consideration for the Services and license granted to you, Customer shall pay all fees and charges related to any and all Hardware and Software Services (“Fees”) set forth in the Order Form. . Fees will be invoiced according to the Order Form. All Fees shall be due and payable net 30 days from invoice. Company may change the Fees for the Services from time to time upon at least 15 days’ prior notice to Customer and Customer’s continued use of the Services after any such change will constitute acceptance of the new fees and charges. All Fees are based on Services subscribed to, not actual usage, payment obligations are non-cancelable, and amounts paid are non-refundable. Any initial setup fee or professional services fee must be paid by Customer before Company is obligated to perform such setup or professional services.

5.2 Payment – By accepting these Terms and providing your payment details to Company, you authorize Company to charge your provided credit card or debit your bank account through Automated Clearing House (ACH) for Fees as they become due each month. You acknowledge and agree that payment for Services may be made via a designated third-party vendor. While Company accepts payments initiated through this third-party vendor, Customer remains ultimately responsible for all Fees due under this Agreement. These charges will cover the cost of the Services, as well as any initial setup fee or professional services fee. You acknowledge and agree that all payments will be made in U.S. dollars and that all payments are non-refundable.

5.3 Taxes – Customer is expressly responsible for the payment of all sales, use, value-added, consumption, and other similar taxes that may be applicable or arise in connection with use of the Service. This includes but is not limited to taxes in Customer’s local jurisdiction.

5.4 Payment Default – In the event the third-party vendor fails to remit payment, Customer shall pay the Company directly within three (3) calendar days of notice of such failure. If the situation is not resolved within three (3) calendar days, Customer acknowledges and agrees that a $50 credit card failure fee will be charged to Customer’s account, and Customer’s access to the Service will be terminated following 30 calendar days of non-payment. For subscription based services, including hardware and software, monthly charges remain due throughout the subscription Term, even if the Services are terminated for non-payment or any other reason by Company or Customer. Customer is not entitled to an extension of the subscription term as a result of any suspension of the Service for non-payment. Customer further agrees to pay Company all costs and expenses, including reasonable attorney’s fees and costs of collection, incurred by Company in enforcing this Agreement.

6. License Grants

Company hereby grants the Customer a limited, revocable, non-exclusive, non-transferable license to use the Services solely for internal business operations, subject to these Terms. Internal business operations encompass the processes and systems that the Customer uses to function, create value, and achieve its goals without external interaction. Company also hereby grants to the Customer, as necessary, a non-exclusive, worldwide, perpetual, non-transferable, fully-paid right and license to use, install, and operate the Software for the benefit of the Customer. The Software is a product proprietary to Company. You have no right to receive, use or examine any source code or design documentation relating to the Services. Customer shall protect the Software with security measures which are at least the same as Customer employs to protect its like proprietary information. Company warrants that it has the authority to grant such licenses to Customer and Company agrees to indemnify Customer against any and all claims, costs, awards, damages or like expenses (including reasonable attorneys fees) which may arise out of a breach of this warranty by Company.

7. Data Collection and Usage

By using the Services, Customer acknowledges and agrees that Fortris™ AI may collect and use Customer Data, including images and videos, to: (a) operate and maintain the Services, (b) improve and enhance the functionality and performance of the Services, (c) develop new products and services, (d) comply with legal obligations and (e) conduct research and analysis.

Company will retain Customer Data at least according to the Data Retention Policy, included as Appendix I of these Terms, but may retain Customer Data for as long as Company deems necessary to fulfill the purposes set forth in this Section, even if Customer ceases to use the Services. Company will use commercially reasonable measures to safeguard the security of the Services. However, Company does not warrant or guarantee the absolute security or integrity of the Services, nor the content, information, or data transmitted through or housed within any part of the Services.

Customer agrees that if Customer sends or transmits any communications or materials to Company suggesting or recommending changes to the Services based on Customer’s experiences, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Company is free to use such Feedback without any other limitation or conditions. Customer hereby assigns to Company on Customer’s behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Company is not required to use any Feedback.

8. Confidentiality

Both Parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged in connection with the Services, including, without limitation, information relating to a party’s business and marketing plans and processes, rates, fees and other terms of pricing of the Service, customers, software, hardware and technology, or quality of performance of the Service.

Each Party agrees that all information received from the other Party shall be presumed to be proprietary or sensitive and further agrees that this obligation does not apply to information that is (a) publicly available, (b) rightfully received from a third party who was authorized to disclose it, and (c) independently developed without use of confidential information.

Neither party will use (for itself or for any third party) or disclose, nor permit any other person or entity under its control to use or disclose any Confidential Information, except (A) to employees, agents, third party contractors, or representatives of the recipient who have a “need to know” the information and are subject to an obligation of confidentiality to the disclosing party at least as restrictive as the restrictions contained in this Confidentiality section, (B) if required by law or legal process, (C) to enforce these Terms (including the Rules), (D) to respond to claims that any content violates the rights of third parties, or (E) to protect the rights, property, or personal safety of others. Each party will promptly notify the other party if it receives a request for the other party’s Confidential Information (unless notice is prohibited by law), will reasonably cooperate with the other party’s efforts to seek protection from disclosure and disclose only that portion of Confidential Information required under applicable law. Upon termination of Customer’s subscription, the provisions of this Confidentiality section will survive for a period of three years from the termination date.

9. Intellectual Property Rights

All intellectual property rights in the Services and Software, including but not limited to software, hardware, files, processes, systems, databases, content, trademarks, service marks, copyrights, patents, inventions, trade secrets, know-how, improvements or enhancements or other intellectual property rights relating to the foregoing (collectively “Company Property”), are owned by Company. Customer retains ownership of its data but grants Company a license to use Customer Data as described in Sections 6 and 7. Customer is granted the right to use that portion, and only that portion, of Company Property that is contemplated in these Terms. Ownership and intellectual property rights belong to the Company. Company reserves all rights not expressly granted to Customer in these Terms. Customer may not copy, modify, reverse engineer, or distribute the Hardware or Software without prior written consent from Company.

In the event of a breach or threatened breach by Customer of any provisions of this Intellectual Property Rights section, Company shall be entitled to seek, in addition to any other rights and remedies available to it at law or in equity, injunctive or other equitable relief to prevent or restrain such breach or threatened breach, without the necessity of proving actual damages or posting a bond. Customer acknowledges and agrees that any such breach or threatened breach would cause irreparable harm to Company and that monetary damages would not provide an adequate remedy.

10. Warranty Disclaimer

Hardware associated with Fortris™ AI is provided under the Company’s Hardware Warranty & Return Policy, included as Appendix II of these Terms of Service.

THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

THE SERVICES USE EXPERIMENTAL TECHNOLOGY, AND CUSTOMER SHOULD USE DISCRETION BEFORE RELYING ON OR USING CONTENT GENERATED BY THE SERVICES. THE INFORMATION PROVIDED BY THE SERVICES IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. COMPANY MAKES NO GUARANTEES REGARDING THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION GENERATED BY THE SERVICES. ANY RELIANCE CUSTOMER PLACES ON SUCH INFORMATION IS DONE SO STRICTLY AT ITS OWN RISK. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY RELIANCE PLACED ON SUCH MATERIALS BY CUSTOMER.

NEITHER COMPANY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS OR OTHER PROPERTY THAT ARE USED IN PROVIDING THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY INACCURACY, ILLEGALITY, AND/OR INAPPROPRIATENESS OF ANY USER CONTENT OR OTHER CONTENT PROVIDED THROUGH THE SERVICES, ANY DAMAGE, DESTRUCTION OR CORRUPTION OF ANY CONTENT OR OTHER DATA BY THE SERVICES, OR ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SERVICES BY ANY PERSON OR ENTITY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DIMINUTION IN VALUE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

COMPANY’S MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR THE SERVICES WILL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT FOR THE 12-MONTH PERIOD IMMEDIATELY PRIOR TO WHEN ANY CLAIM OR CAUSE OF ACTION AROSE.

12. Indemnity

To the extent permitted by law, Customer will indemnify and hold harmless Company, its affiliates, directors, officers, and employees, from and against any suits, actions, penalties, damages, costs, losses, liabilities, and expenses (including attorneys’ fees) arising out of or relating to any claim relating to (1) Customer’s use of the Services, (2) Customer’s unauthorized use of the Services, (3) Customer’s violation of any applicable laws, regulations or third-party rights and (4) any violation of the Terms of this Agreement.

13. Term and Cancellation Policy (SaaS)

13.1 Subscription Term – Unless otherwise stated in the Order Form & Invoice, subscriptions to the Services are provided on a 12-month term (“Term”), commencing on the date the Customer executes the Order Form (“Effective Date”) and auto-renewing at the end of each Term, unless cancelled in accordance with this section.

13.2 Customer Cancellation – The Customer may cancel a 12-month subscription for convenience by providing 30 days’ written notice prior to the end of the then-current Term; however, all subscription Fees are non-refundable. If the Customer terminates this Agreement prior to the end of the current subscription Term, the Customer shall be responsible for payment of all Fees due for the remainder of the then-current Term. Access to the Services will continue until the end of the cancelled Term.

13.3 For subscription Terms that exceed 12 months, Customer may terminate at the end of each annual anniversary date by providing 30 days’ written notice prior to the end of the then-current Term. Subscription Terms that exceed 12 months shall automatically renew for successive one (1) year periods (each a “Renewal Term”). Customer shall be responsible for payment of all Fees during the Renewal Term.

14. Termination Rights

14.1 Company reserves the right to suspend or terminate the subscription, at any time at our discretion, with or without reason and with immediate effect, including but not limited to the following: if the Customer (a) breaches these Terms or applicable laws; (b) fails to pay invoiced amounts within 30 days of the due date; (c) uses the Services in a manner that creates legal or reputational risk, including if Customer’s or any authorized user’s use of the Company Property disrupts or poses a security risk to the Company Property or to any other customer or vendor of Company; or (d) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding. In such cases, Company may retain any prepaid fees and pursue additional remedies. Company shall not be liable to you or any third party for any termination of your access to the Services.

14.2 Effect of Termination – Upon termination of this Agreement for any reason: (a) Customer shall pay all amounts invoiced and due, (b) Customer’s access to the Fortris™ AI platform will be disabled if termination is due to non-payment; (c) data retention will follow the Data Retention Policy in Appendix I and (d) customer may request a copy of exported Data within thirty (30) days of termination; after that, data may be deleted.

15. Modifications of Terms

The Company reserves the right to change these Terms from time to time. All changes are effectively immediately and apply to all access to and use of the Services. Customer’s continued use of the Services after such modifications will constitute Customer’s (a) acknowledgement of the modified Terms; and (b) agreement to abide and be bound by the Terms.

16. Arbitration

Customer acknowledges that any dispute or claim against the Company, relating in any way to Customer’s use of the Services, will be resolved by binding arbitration, rather than in court. Such arbitration shall be conducted in Tuscarawas County, Ohio and shall be in accordance with the America Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

17. Force Majeure

Company will not be liable for failure or delay in performing the Services or other obligations under these Terms if the failure or delay is due to circumstances beyond Company’s control including, without limitation, acts of God, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, pandemic, epidemic, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunication or third party services, failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in equipment needed for the provision of the Services.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to conflict of law principles.

19. Assignment and Waiver

Customer’s account and right to access the Services cannot be sold, assigned or transferred to any other person without the prior written consent of Company. Customer may not assign any of its rights or obligations (in whole or in part) under these Terms without the prior written consent of Company. Company’s failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

20. Entire Agreement

These Terms constitute the entire agreement between the Customer and the Company with respect to the Services and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

21. Contact Information and Notices

For questions about the Services or to cancel the Services, please send an email to paul@battlemotors.com. To provide any notice under these Terms, please send written notice by certified or registered mail, return receipt requested, to Battle Motors, Inc., 1951 Reiser Avenue SE, New Philadelphia, OH 44663, with a copy to legal@battlemotors.com.

22. Policy Review

These Terms will be reviewed and updated annually from the effective date, or more frequently if appropriate, and in our sole discretion. All changes are effective immediately when posted and apply to all subsequent access to and use of the Services.

Fortris™ AI Services Terms of Service and License Agreement Appendix I – Data Retention Policy

Effective Date: April 30, 2026
Last Updated: April 30, 2026

1. Purpose and Scope

This Data Retention Policy (“Policy”) outlines the guidelines and procedures for how Battle Motors Inc. collects, uses, retains and disposes of data, including images and videos, to support and improve Fortris™ AI (“Services”). This Policy applies to all data generated, collected, processed, and stored by Battle Motors Inc. in relation to the Services, regardless of its format or storage location. This Policy applies to all employees, contractors, and third-party agents who handle, manage, or use data owned by or entrusted to Battle Motors. Battle Motors Inc. seeks to ensure that it retains only data necessary to effectively conduct and manage its Services.

2. Definitions

• Hardware: Cameras, sensors, gateways, and related peripheral devices provided for generating data communicated to Fortris™ AI.
• Software: Applications, embedded software, and cloud-based platforms developed and/or utilized by Fortris™ AI.
• Customer Data: All data, including images and videos, collected through the use of Fortris™ AI’s Hardware and Software.

3. Data Collection

Fortris™ AI collects Customer Data through its Hardware and Software, including but not limited to:

• Telematics data (e.g., GPS, CAN bus).
• Diagnostic and maintenance records.
• Images and videos captured by vision systems.
• User-generated content and annotations.

4. Data Usage

Customer Data is used to:

• Operate and maintain the Services.
• Improve and enhance the functionality and performance of the Services.
• Develop new products and services.
• Comply with legal obligations.
• Conduct research and analysis.

5. Data Retention Periods

Data is retained only as long as necessary for the specified purposes outlined in this Policy and relevant privacy policies; however, Battle Motors Inc. may retain data beyond these periods for legitimate business purposes, including legal compliance and system improvement.

6. Data Deletion

Upon termination of the Services or upon Customer request, Battle Motors Inc. may delete Customer Data in accordance with applicable laws and its internal data deletion procedures.

7. Data Security

Battle Motors Inc. implements appropriate technical and organizational measures to protect Customer Data against unauthorized access, alteration, disclosure, or destruction.

8. Customer Rights

Customers may request access to, correction of, or deletion of their data by contacting Battle Motors Inc. at paul@battlemotors.com.

9. Modifications of Terms

Battle Motors Inc. reserves the right to change this Data Retention Policy from time to time. All changes are effectively immediately and apply to all access to and use of the Services. A Customer’s continued use of the Services after such modifications will constitute the Customer’s (a) acknowledgement of the modified Terms; and (b) agreement to abide and be bound by the Terms.

10. Arbitration

Customers acknowledge that any dispute or claim against Battle Motors Inc. relating in any way to the Data Retention Policy will be resolved by binding arbitration, rather than in court. Such arbitration shall be conducted in Tuscarawas County, Ohio and shall be in accordance with the America Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles.

12. Waiver

Company’s failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

13. Contact Information and Notices

For questions about this Data Retention Policy, please contact paul@battlemotors.com. To provide any notice under this Policy, please send written notice by certified or registered mail, return receipt requested, to Battle Motors, Inc., 1951 Reiser Avenue SE, New Philadelphia, OH 44663, with a copy to legal@battlemotors.com.

14. Policy Review

This Data Retention Policy will be reviewed and updated annually from the effective date, or more frequently if appropriate, in our sole discretion. All changes are effective immediately when posted and apply to all subsequent access to and use of the Services.

Fortris™ AI Terms of Service and License Agreement Appendix II – Hardware Warranty & Return Policy

Effective Date: April 30, 2026
Last Updated: April 30, 2026

1. Limited Warranty

Battle Motors Inc. warrants that its Hardware products will be free from defects in materials and workmanship under normal use for a period of 90 days from the date of installation or purchase, whichever occurs first. This warranty is a “parts replacement only” policy and does not cover labor.

2. Installation and Integration

Customer acknowledges that installation of Hardware may require integration with the vehicle systems (including electrical, wiring, CAN bus, and body components). Customer agrees that Company shall not be responsible for any damage resulting from installation or integration of the Hardware with any of Customer’s vehicle systems.

Customer agrees that (1) all installation and integration of the Hardware by Company, Customer, or third parties is at Customer’s sole risk and cost, (2) Company is not liable for damage to vehicles, wiring, electronics, or body equipment or components arising from installation, integration or use of the Hardware except in cases of gross negligence or willful misconduct where Company has installed the Hardware, (3) Company is not responsible for any third-party or Customer-performed installation or integration, (4) installation, integration or use of the Hardware may affect or void OEM, body manufacturer or component warranties, and Company makes no guarantees regarding such impact nor will Company be liable for said OEM, component or body manufacturer voided warranties, and (5) Customer is responsible for ensuring compliance with manufacturer guidelines and regulations.

3. Warranty Coverage

• Standard Hardware: Covered for ninety (90) days from the date of installation or purchase.
• Refurbished Hardware: Covered for ninety (90) days from the date of installation or purchase.
• Labor and Workmanship: If provided by a Battle Motors University certified technician, covered for ninety (90) days from the date of service.

4. Warranty Claims

To submit a warranty claim:

• Obtain a Return Merchandise Authorization (RMA) number by contacting Company support.
• Return the defective hardware, with the RMA number clearly marked on the package, prepaid and appropriately packaged for safe shipment.
• Company will, at its discretion, repair or replace the defective component.

5. Exclusions

This warranty does not cover:

• Damage resulting from misuse, neglect, or unauthorized modifications, alterations or additions to the Hardware.
• Damage resulting from unauthorized repair, maintenance or installation of the Hardware.
• Labor costs associated with installation, removal, or reinstallation.
• Any Hardware not supplied by Battle Motors Inc.

6. Warranty Disclaimer

EXCEPT AS STATED HEREIN, COMPANY MAKES NO WARRANTIES WITH RESPECT TO ANY HARDWARE AND DISCLAIMS, ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTIES OF NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE HARDWARE WILL MEET ANY REQUIREMENTS OR THAT THE OPERATION OF THE HARDWARE WILL BE UNINTERRUPTED OR ERROR FREE.

7. Returns

• Returns must be initiated within 30 days of the original purchase date.
• Products must be in new, unused condition and include all original packaging.
• Returns over 30 days are subject to a 30% restocking fee.
• Returns over 90 days are not eligible for return.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DIMINUTION IN VALUE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE HARDWARE OR ANY COMPONENT OF THE HARDWARE AND INSTALLATION AND INTEGRATION OF THE HARDWARE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S SOLE LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS UPON CONFIRMATION OF A DEFECT OR FAILURE OF A HARDWARE COMPONENT.

9. Indemnity

To the extent permitted by law, Customer will indemnify and hold harmless Company, its affiliates, directors, officers, and employees, from and against any suits, actions, penalties, damages, costs, losses, liabilities, and expenses (including attorneys’ fees) arising out of or relating to any claim relating to (1) the installation and integration of the Hardware whether installation is performed by the Company, Customer or a third-party (2) Customer’s use of Hardware provided by Battle Motors and (3) Customer’s violation of any of the Terms of this Agreement.

Fortris™ AI Terms of Service and License Agreement Appendix III – Privacy Policy

Effective Date: April 30, 2026
Last Updated: April 30, 2026

1. Introduction

This Privacy Policy describes how Company collects, uses, retains, and shares information, including vision and telematics data, gathered through Hardware associated with Fortris™ AI, software, and platform services (“Services”) designed for commercial vehicles and refuse truck operations. Protecting Customer privacy and handling information responsibly is a priority.

2. Information Battle Motors Inc. Collects

Battle Motors Inc. collects and processes several categories of data, including but not limited to:

a. Vehicle and Operational Data

• GPS location and route history
• Speed, acceleration, braking, and idle time
• Fault codes, diagnostic alerts, DVIRs (Driver Vehicle Inspection Reports)
• Engine hours and fuel usage
• CAN bus and OBD-II data

b. Vision System Data

• Still images and video from on-vehicle cameras (e.g., hopper, rear, cab)
• Infrared or thermal camera input (if equipped)
• Object and event detection metadata (e.g., labeled video frames, timestamps)

c. AI-Derived Data

• Inferences and risk scores generated by our AI models (e.g., fire detection, mechanical issue detection)
• Visual or operational anomalies flagged for review
• Pattern recognition results derived from historical usage

d. Customer-Provided and Business Data

• Fleet configurations and asset information
• Technician notes, service logs, user-created annotations
• Account owner name, company name, contact details, and billing information

3. How Battle Motors Inc. Uses the Information

Battle Motors Inc. uses the data that is collected to:

• Deliver and improve core Services: diagnostics, safety monitoring, AI-based inspections, and fleet management
• Train and continuously improve our AI models, including vision-based hazard detection and predictive diagnostics
• Support technicians and managers with insight dashboards and alerting
• Enable compliance, audit logging, and documentation of vehicle operations
• Respond to Customer inquiries and support cases
• Conduct internal research and performance benchmarking

Battle Motors Inc. may aggregate and anonymize data from more than one Customer to refine model performance and develop new features across all Customers.

4. Data Sharing and Disclosure

Battle Motors Inc. does not sell Customer Data. Battle Motors Inc. may share data in these circumstances:

• With authorized personnel from the relevant Customer
• With third-party service providers under strict confidentiality for hosting, storage, or analytics
• If required by law, subpoena, or court order
• In the event of merger, acquisition, or sale of Battle Motors Inc.

5. Data Security

Battle Motors Inc. uses industry-standard encryption, access controls, and monitoring to protect Customer data in transit and at rest. Only authorized users can access sensitive vehicle or video data, and system access is audited.

6. Data Retention

Unless otherwise specified in a particular customer agreement, data retention details may be found in the Data Retention Policy, which is included as Appendix I of the Terms of Service.

7. Customer Rights

A Customer may request to:

• Access or correct the Customer’s stored information
• Delete specific data where allowed
• Restrict or object to certain types of processing (e.g., for AI training)
• Export data in a portable format

Requests can be submitted to paul@battlemotors.com.

8. Policy Updates

Battle Motors Inc. may update this Privacy Policy to reflect new features, technologies, or legal obligations. If significant changes are made, Battle Motors Inc. will notify Customers through the Fortris™ AI platform or by email.

9. Contact Information and Notices

For questions about the Services or to cancel the Services, please send an email to paul@battlemotors.com. To provide any notice under these Terms, please send written notice by certified or registered mail, return receipt requested, to Battle Motors, Inc., 1951 Reiser Avenue SE, New Philadelphia, OH 44663, with a copy to legal@battlemotors.com.