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TERMS OF USE

Last Updated: March 19, 2021

Welcome to ServiceTitan.com. These Terms of Use (“Agreement”) is a binding legal agreement between you and ServiceTitan, Inc., regarding your use of the ServiceTitan proprietary online platform for field service business management (the “Service ”) as well as any products or services, including professional services, provided to you by ServiceTitan. Please read this Agreement carefully. By accessing or using the Service, you accept this Agreement and agree to use the Service in compliance with this Agreement. The terms “Subscriber,” “Customer,” “you,” “your,” “yours,” and “authorized user” refer to you, the account administrator, any individual user that is authorized by an account administrator, or an entity using the Service. If you are accepting this Agreement on behalf of an entity, you represent and warrant that you have the authority to do so. The terms “ServiceTitan,” “we,” “us,” and “our” refer to ServiceTitan, Inc. and our affiliates, as applicable. We may periodically make changes to this Agreement, and you may view the most current version at https://www.servicetitan.com/legal/terms-of-use.

We may make changes to this Agreement from time to time, and we will give you not less than thirty (30) days advance notice of any material changes and an opportunity to opt-out by sending an email to [email protected] If you continue to use the Service following such thirty (30) days notice, you will have agreed to such changes and will be bound by them. If you opt-out of such changes, our legal agreement will continue to be bound by the last version of this Agreement that you accepted, subject to our mutual rights to discontinue our contractual relationship.

Except for certain kinds of disputes described in Section 19, and subject to your right to opt-out from arbitration as provided in Section 19, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND SERVICETITAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court), and your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 19).

1. Account Registration

(a) Accounts. You must register for and maintain an account with us to use the Service. When registering, you must provide accurate and complete information and promptly update this information. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service. Only authorized users may use your account to use the Service and conduct other activities with us. You are responsible for all activities that occur through your account. To protect your account from unauthorized use, keep your user identification and password secure and those of your authorized users. Please notify us immediately of any unauthorized use of your account or any other breach of security. If there is unauthorized use by anyone who obtained access to the Service directly or indirectly through you, you will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by ServiceTitan to prevent or terminate unauthorized use of the Service.

(b) Eligibility. You must be at least the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age)to use the Service. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least the age of majority in the jurisdiction in which you live; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

(c) Corporate Entities. If you are an entity, organization, or company (“Corporate Entity”), the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind the Corporate Entity to this Agreement and the Corporate Entity agrees to be bound by this Agreement. You may allow Managed Technicians working for your Affiliates to use the Service under your subscription to the Service, as long as the total number of Managed Technicians between you and all of your Affiliates does not exceed the number of Managed Technicians that you are paying for under your subscription and as long as used in the operation of a single business. If you allow your Managed Technicians working for your Affiliates to use your account, you agree that: (a) you will at all times be liable and responsible for all acts and omissions of your Affiliates that use the Service (and any users using the Service on behalf of the Affiliate) as though those acts and omissions were committed by you; and (b) you agree (and you agree on behalf of your Affiliates) that your Affiliates and their end users may have access to all data and information that you can access through your account and ServiceTitan is not responsible for enforcing any data access restrictions between you and your Affiliates. Failure to do so will constitute a breach of your obligations pursuant to this Agreement. “Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, you control, by way of majority voting stock ownership or the ability to otherwise direct or cause the direction of the management and policies. If you registered for the Service under a name other than the legal name of a business, we may from time to time require you to verify that all licenses purchased by you are used only by you and your Affiliates and in the operation of a single business. If you are using multiple Managed Technicians accounts in connection with the operation of more than one business, you must disclose this fact to us at the time of registration and renewal for the Service, as separate businesses require separate agreements with us. Failure to do so will constitute a breach of your obligations pursuant to this Agreement.

2. Services

(a) Services. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, ServiceTitan grants to you a limited, worldwide, non-exclusive, non-transferable right during the term of this Agreement to: (a) access and use the Service solely in connection with the internal business operations of a single business, and (b) to facilitate the provision of Services to you, install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control, in each case solely for use by a number of Managed Technicians that does not exceed the number of paid subscriptions in your account, with no substitution of such users except as expressly permitted. By way of example only, if you have 10 employees in your company, and if you have only paid for 3 Managed Technician licenses, you are granted a limited non-exclusive right to have up to 3 individuals only access the Service as Managed Technicians, without substitution. Use of the Service by any number of individuals above the number of Managed Technician licenses you have purchased as part of your subscription is a violation of your Agreement. Any number of individuals using the Service in excess of the number of Managed Technician licenses you have subscribed to will be subject to immediate additional subscription purchases to the payment method on file, prorated for any partial period. Further, if ServiceTitan provides you with any API or software outside the Service (“Ancillary Software”), ServiceTitan hereby grants you a limited, non-exclusive, non-transferable right to use that Ancillary Software solely in connection with your use of the Service.

c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

d. use the Service in violation of any advertising and marketing laws such as CAN-SPAM, the Telephone Consumer Protection Act, the FTC’s Telemarketing Sales Rule, Canada’s Anti-Spam Legislation (CASL) and the CRTC Unsolicited Telecommunications Rules, including those that relate to (i) permitted calling times; (ii) customers’ consent to be contacted by telephone and/or text messages (including opt in/opt out consent where applicable and do not call lists); (iii) the required content of text messages and requirements for promptly implementing unsubscribe requests; (iv) any registration requirements relating to do not call lists; and (v) any notices that need to be given to potential customers during telephone calls.

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