Extend Service Agreement (Self-service)

This Master Services Agreement (Self-Service) (this “Agreement”) governs Customer’s access to and use of the Services made available by CrowdView Inc. dba Extend, a Delaware corporation with offices at 169 Madison Ave., Suite 11091, New York, NY 10016 (“Extend”). By clicking to accept this Agreement, creating an account, executing or accepting an Order, or accessing or using the Services, Customer agrees to be bound by this Agreement as of the Effective Date. If the individual accepting this Agreement is doing so on behalf of an entity, such individual represents that they have authority to bind that entity, and “Customer” means that entity. If Customer and Extend have mutually executed a separate written agreement governing Customer’s access to or use of the Services, that separate written agreement will govern to the extent of any conflict with this Agreement.

This Agreement governs self-service and other non-negotiated purchases of the Services. Extend’s public websites and related marketing pages are governed by Extend’s Website Terms of Use, and Extend’s processing of personal data is governed by the DPA to the extent applicable.

1. Definitions

“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with a Party.

“Agreement” means this Master Services Agreement (Self-Service), any Order, the DPA, and any other documents incorporated by reference.

“Authorized User” means an employee, contractor, agent, or other individual whom Customer authorizes to access or use the Services on Customer’s behalf or through Customer’s account.

“Beta Services” means products or features made available to Customer on a trial, beta, preview, early access, or similar basis.

“Customer” means the entity or individual accepting this Agreement or entering into an Order with Extend for the Services.

“Customer Data” means all data collected by the Services or uploaded by Customer to the Platform.

“DPA” means Extend’s Data Processing Addendum, in its current version as of the Effective Date, located at https://trust.extend.ai/, as may be updated from time to time in accordance with its terms or applicable law.

“Effective Date” means the earliest date on which Customer clicks to accept this Agreement, creates an account, accepts or executes an Order, or first accesses or uses the Services.

“Extend Content” means (i) the Services and related user interface; (ii) workflow tools, templates, configurations, documentation, APIs, models, and other materials provided or made available by Extend; (iii) the core technology, software, models, systems, algorithms, and know-how comprising or supporting the Platform; and (iv) aggregated and anonymized statistics and insights regarding use of the Platform.

“Extend” means CrowdView Inc. dba Extend, a Delaware corporation with offices at 169 Madison Ave., Suite 11091, New York, NY 10016.

“IP” means, in the case of Extend, the Extend Marks, Extend Content, Platform, and Services; and, in the case of Customer, Customer Marks and Customer Data.

“Marks” means a Party’s trade names, trademarks, service marks, logos, or other commercial or product designations.

“Order” means an online order, checkout page, order form, invoice, statement of work, subscription plan, pricing page, usage plan, or other ordering document or process accepted by Customer and Extend that identifies the Services purchased by Customer, applicable Fees, subscription term, usage limits, or other commercial terms.

“Party” means each of Extend and Customer, and “Parties” means Extend and Customer collectively.

“Platform” means Extend’s proprietary AI-powered software platform, including data extraction, document processing, workflow automation, and related functionality, including any Updates made available during the Term.

“Professional Services” means implementation, configuration, integration, training, support, or other professional services purchased by Customer under an Order.

“Services” means the Platform and Professional Services.

“Subscription Term” means the subscription period identified in an Order, or if no period is identified, the period during which Customer has an active subscription or account for the Services.

“Updates” means modifications, updates, and changes made by Extend to the Platform and made generally available to Extend customers at no additional fee, excluding new features, functions, or capabilities offered for an additional fee.

2. Services; Orders; Accounts

2.1 Provision of Services. During the Term, Extend will provide the Services to Customer in accordance with this Agreement and the applicable Order. Customer may access and use the Services solely for Customer’s internal business purposes, subject to this Agreement, the applicable Order, and any usage limits or technical documentation made available by Extend. Any material change in the Services purchased under an Order must be agreed to by the Parties through a new or amended Order or through the applicable online ordering process.

2.2 Orders; Order of Precedence. Each Order is governed by this Agreement. If there is a conflict between this Agreement and an Order, the Order will control solely with respect to the conflicting commercial or service-specific terms in that Order. The DPA is incorporated into and subject to the terms of this Agreement. Any terms in a Customer purchase order, vendor portal, or other Customer-provided document are rejected and will be void unless expressly agreed to by Extend in a written document signed by an authorized representative of Extend.

2.3 Accounts and Authorized Users. Customer is responsible for all acts and omissions of its Authorized Users and for maintaining the confidentiality and security of account credentials. Customer will ensure that Authorized Users comply with this Agreement and will promptly notify Extend of any unauthorized access to or use of Customer’s account or the Services. Customer may not share credentials or allow any person other than an Authorized User to access the Services.

2.4 Changes to the Services. Extend may modify the Services from time to time, including to improve functionality, address security or legal requirements, or maintain compatibility with third-party services or evolving technical standards. Extend will not materially degrade the core functionality of the Services purchased by Customer during the applicable Subscription Term.

2.5 Suspension. Extend may suspend Customer’s or any Authorized User’s access to the Services if Extend reasonably determines that (a) Customer or an Authorized User has violated this Agreement or an applicable Order; (b) Customer’s or an Authorized User’s use of the Services poses a security, legal, operational, or reputational risk to Extend, the Services, Customer, or any third party; (c) Customer is overdue on payment obligations after applicable notice; or (d) suspension is required to comply with applicable law or a governmental order. Extend will use commercially reasonable efforts to limit the suspension to the circumstances giving rise to it and to restore access promptly after the issue is resolved.

3. Ownership; Licenses; Third-Party Products; Restrictions; Beta Services

3.1 Ownership. As between Extend and Customer, Customer owns all right, title, and interest in and to the Customer IP. As between Customer and Extend, Extend owns all right, title, and interest in and to the Extend IP. Nothing in this Agreement transfers ownership of either Party’s IP to the other Party.

3.2 Licenses. Subject to this Agreement and the applicable Order, Extend grants Customer a non-exclusive, non-transferable license during the Term to access and use the Services and any Extend Content made available to Customer solely as permitted by this Agreement and the applicable Order. Customer grants Extend a non-exclusive, non-transferable license during the Term to use Customer Data solely as necessary to provide, secure, maintain, and support the Services to Customer, comply with applicable law, and exercise Extend’s rights under this Agreement.

3.3 Aggregated and De-Identified Data. Notwithstanding anything to the contrary in this Agreement, Extend may collect and use usage, performance, and telemetry data relating to the operation and use of the Services on an aggregated and anonymized basis solely to improve and enhance its products and services and for telemetry, logging, security monitoring, analytics and benchmarking purposes, provided that such data does not identify Customer or any individual and cannot reasonably be used to identify or re-identify Subscriber or any individual.

3.4 Feedback. Any suggestions, comments, ideas, improvements, or other feedback provided by a Party with respect to the other Party’s IP (“Feedback”) shall become the exclusive property of the Party owning such IP, whether or not such Party incorporates such Feedback into the IP.

3.5 Marks. Each Party may use the other Party’s Marks only as expressly permitted in this Agreement or with the other Party’s prior written consent. Each Party’s use of the other Party’s Marks will inure to the benefit of the Party owning such Marks and will not damage the reputation or goodwill associated with such Marks.

3.6 Third-Party Products. The Services may integrate with or enable access to third-party applications, services, platforms, models, infrastructure, or products (“Third-Party Products”). If a provider of a Third-Party Product requires Customer to enter into a separate agreement with that provider, Customer’s use of the Third-Party Product is subject to that separate agreement. Any exchange of information between Customer and the provider of a Third-Party Product is between Customer and that provider. Extend makes no warranties of any kind and assumes no liability for Third-Party Products, except to the extent a Third-Party Product is provided by Extend as part of the Services and Customer is not required to enter into a separate agreement with the third-party provider, in which case Customer’s use of such Third-Party Product will be deemed part of the Services and subject to this Agreement.

3.7 Restrictions. Customer will not, and will not permit any Authorized User or third party to: (a) misappropriate or infringe Extend IP; (b) reverse engineer, decompile, disassemble, disclose, or otherwise attempt to discover the source code, object code, underlying structure, ideas, algorithms, models, or systems of the Services; (c) modify, translate, or create derivative works based on the Services; (d) use the Services, directly or indirectly, to white-label, OEM, resell, sublicense, timeshare, or provide service bureau access to the Platform for a third party; (e) use or view the Services for purposes of developing a product or service competitive with the Services; (f) interfere with or disrupt the integrity, security, availability, or performance of the Services; (g) use the Services to transmit malicious code or unlawful content; (h) use the Services in violation of applicable law or third-party rights; or (i) remove or obscure any proprietary notices in the Services.

3.8 Beta Services. Customer acknowledges that (a) Customer has sole discretion whether to use Beta Services; (b) Beta Services may not be supported and may be changed or discontinued at any time, including in a manner that reduces functionality; (c) Beta Services may not be available, reliable, complete, secure, or subject to the same security measures, commitments, audits, or support as generally available Services; and (d) Extend provides Beta Services “as-is” and will have no liability arising out of or relating to Beta Services.

4. Fees; Payment; Taxes

4.1 Fees. Customer will pay all fees specified in an Order (“Fees”). Unless otherwise stated in an Order, Fees are due in advance, payment obligations are non-cancelable, and Fees paid are non-refundable. If Customer purchases through an online checkout or payment process, Customer authorizes Extend and its payment processors to charge Customer’s payment method for all Fees and applicable Taxes when due.

4.2 Subscription Renewals and Cancellation. Unless otherwise stated in an Order, subscriptions will automatically renew for successive subscription periods equal to the expiring Subscription Term, and Customer authorizes Extend to charge the applicable Fees for each renewal term, unless Customer cancels renewal through the account settings or by providing notice to Extend before the renewal date. Cancellation stops future renewals but does not entitle Customer to a refund or credit for the then-current Subscription Term, except as expressly stated in an Order or required by applicable law.

4.3 Invoiced Payments. If Extend agrees to invoice Customer, Customer will pay each invoice within thirty (30) days after receipt, unless otherwise stated in the Order. If Fees are more than fifteen (15) days overdue, upon five (5) days’ notice to Customer, Extend may charge interest on overdue amounts at one percent (1%) per month or the maximum rate permitted by law, whichever is lower, and/or suspend the Services until all overdue Fees are paid.

4.4 Payment Disputes. Customer must notify Extend in writing of any good-faith dispute regarding an invoice or charge within thirty (30) days after receipt of the invoice or the date the charge is processed, as applicable, and must provide reasonable detail describing the dispute. Customer will remain responsible for timely payment of all undisputed amounts. For Fees charged automatically to a payment method, Customer authorizes Extend or its payment processor to charge such Fees when due, and Customer’s notice of dispute will not limit or delay Extend’s right to process payment. If Extend determines that a disputed charge was made in error, Extend will provide a credit or refund for the erroneous amount.

4.5 Taxes. Fees are exclusive of all sales, use, value-added, excise, import, withholding, and similar taxes, duties, and governmental charges, other than taxes on Extend’s income (collectively, “Taxes”). Customer is responsible for all Taxes. If Customer is required by law to withhold or deduct any amount from Fees, Customer will gross up payment so that Extend receives the full amount invoiced or charged. Extend may collect Taxes based on Customer’s billing information and remit such Taxes to the appropriate governmental authority.

5. Term; Termination; Data Export

5.1 Term. This Agreement begins on the Effective Date and continues until all Orders, subscriptions, and accounts under this Agreement have expired or been terminated (the “Term”).

5.2 Termination for Cause. Either Party may terminate this Agreement or an applicable Order if the other Party materially breaches this Agreement or such Order and fails to cure the breach within thirty (30) days after written notice identifying the breach. Extend may terminate this Agreement or an applicable Order immediately if Customer materially breaches Section 3.7 or if continued provision of the Services would violate applicable law or create material security, legal, or operational risk.

5.3 Effect of Termination. Upon expiration or termination of this Agreement or an applicable Order: (a) Customer’s right to access and use the terminated Services will cease; (b) Customer will pay all Fees due through the effective date of expiration or termination; (c) upon written request to Extend within fifteen (15) days after termination, Extend will provide Customer Data then in Extend’s possession, encrypted using industry-standard protocols, via a secure electronic storage service managed by Extend, and Customer must download the Customer Data within thirty (30) days thereafter; (d) each Party will return or destroy the other Party’s Confidential Information in accordance with Section 8, provided that neither Party is required to delete information from backup or archival systems kept in the normal course of business; and (e) any provisions that by their nature should survive will survive, including Sections 1, 3, 4, 5.3, 6.3, 6.4, 6.5, 7, 8, and 9. If Customer does not timely request or download Customer Data, Extend will have no obligation to continue maintaining Customer Data, except as required by applicable law or the DPA.

6. Representations and Warranties; AI Outputs; Disclaimers

6.1 Mutual Representations. Each Party represents and warrants that (a) it has the full right, power, and authority to enter into and perform this Agreement; and (b) in connection with this Agreement, it will comply with all applicable laws, rules, and regulations, including applicable data privacy laws and standards.

6.2 Extend Warranty. Extend represents and warrants that it will perform Professional Services in a professional and workmanlike manner consistent with industry standards and that the Services will materially comply with this Agreement and the applicable Order during the Subscription Term.

6.3 Customer Data. Customer represents and warrants that it has obtained all necessary rights and authorizations to submit Customer Data to Extend for the purposes contemplated by this Agreement. If Customer Data includes personal data relating to identifiable individuals, Customer is responsible for the lawfulness of such data and for providing notice to individuals and obtaining any consents required under applicable data protection laws. Customer is solely responsible for the accuracy, content, and legality of Customer Data, and Extend does not assume any obligations with respect to Customer Data other than as expressly set forth in this Agreement, the DPA, or applicable law.

6.4 AI Outputs. Results and outcomes generated by machine learning algorithms and artificial intelligence are probabilistic and may be inaccurate, incomplete, or unreliable. Customer should evaluate such results and outcomes for accuracy and suitability for Customer’s use case, including by employing human review. Customer is solely responsible, and Extend will have no liability, for all decisions made, advice given, actions taken, and failures to take action based on Customer’s use of the Services or their output, including whether the output is suitable for use in any Customer applications.

6.5 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EXTEND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT (A) THE OUTPUT OF THE SERVICES IS ACCURATE OR RELIABLE; OR (B) THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE. THE PARTIES ACKNOWLEDGE THAT THE SERVICES AND ANY OUTPUT FROM THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

7. Indemnification; Limitation of Liability

7.1 Extend Indemnity. Extend will indemnify, defend, and hold harmless Customer, its Affiliates, and its and their respective officers, directors, and employees from and against any claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees (“Losses”), arising out of any third-party claim (“Claim”) that the Extend IP, when used by Customer as permitted under this Agreement, directly infringes a valid third-party intellectual property right. If the Extend IP is enjoined or, in Extend’s reasonable opinion, is likely to be enjoined, Extend may, in its sole discretion: (a) procure for Customer the right to continue using the Extend IP; (b) modify the Extend IP to make it non-infringing but functionally equivalent; or (c) terminate the affected Order and provide a pro-rata refund of any prepaid Fees for Services not yet rendered as of the termination date. Extend has no indemnification obligation to the extent a Claim arises from Customer’s use of the Extend IP other than as permitted under this Agreement or Customer’s combination of the Extend IP with products or services not provided by, or consented to by, Extend where the alleged infringement results from such combination. This Section 7.1 states Extend’s sole liability and Customer’s sole and exclusive remedy for Claims described in this Section 7.1.

7.2 Customer Indemnity. Customer will indemnify, defend, and hold harmless Extend, its Affiliates, and its and their respective officers, directors, and employees from and against any Losses arising out of any Claim that Customer Data (a) is inaccurate, incomplete, or contains errors; (b) was collected, used, or provided by Customer in violation of applicable law; or (c) violates or misappropriates a third-party intellectual property right, privacy right, publicity right, or other right.

7.3 Indemnification Procedures. The indemnification obligations in Sections 7.1 and 7.2 are conditioned upon: (a) prompt notice by the party seeking indemnity (the “Indemnitee”) to the indemnifying party (the “Indemnitor”) of any Claim for which indemnification is sought; (b) complete control of the defense and settlement of the Claim by the Indemnitor; and (c) reasonable cooperation by the Indemnitee in the defense as the Indemnitor may request.

7.4 EXCEPT WITH RESPECT TO EITHER PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTIONS 7.1 AND 7.2, CUSTOMER’S BREACH OF SECTION 3.7, AND/OR EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF BUSINESS, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT FOR ANY CLAIMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100.00) OR THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO EXTEND DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

8. Confidentiality; Data Security; Data Protection

8.1 Confidential Information. All data and information of either Party (the “Disclosing Party”) that is received or otherwise accessed by the other Party (the “Receiving Party”) and is (a) identified or marked as confidential; or (b) given the nature of the information and circumstances of disclosure, a reasonable person would believe to be confidential, is the Confidential Information of the Disclosing Party. Confidential Information does not include information that (w) is or becomes public other than as a result of disclosure by the Receiving Party; (x) was already in the Receiving Party’s possession or available to the Receiving Party on a non-confidential basis before disclosure; (y) is received by the Receiving Party from a third party not bound by confidentiality obligations to the Disclosing Party; or (z) is independently developed by the Receiving Party without use of the Confidential Information. Extend Confidential Information includes all Extend IP. Customer Confidential Information includes all Customer Data, provided that Extend may use Customer Data and output generated through Customer’s use of the Services as expressly permitted under Section 3.2.

8.2 Obligations. The Receiving Party will maintain Confidential Information in strict confidence, disclose Confidential Information only to individuals or entities with a need to know who are bound by confidentiality obligations at least as restrictive as those in this Agreement, and use Confidential Information only as expressly permitted under this Agreement. The Receiving Party remains liable for the acts and omissions of any person or entity to whom it discloses Confidential Information. If the Receiving Party is required to disclose Confidential Information pursuant to a valid legal order, then before such disclosure, the Receiving Party will, unless prohibited by law, notify the Disclosing Party, provide the Disclosing Party with a meaningful opportunity to contest the order, and take reasonable steps to limit disclosure to only what is strictly necessary to comply with the order.

8.3 Duration. The obligations in this Section 8 survive termination of this Agreement for five (5) years; provided that the Receiving Party’s obligations continue indefinitely with respect to Confidential Information constituting a trade secret under applicable law.

8.4 Security. Extend will implement and maintain a written information security program reasonably designed to: (a) ensure the security, integrity, and confidentiality of Confidential Information; (b) protect against anticipated threats or hazards to the security or integrity of Confidential Information; and (c) protect against unauthorized access to or use of Confidential Information. Such program will include physical, technical, and administrative controls for the maintenance, transmittal, and disposal of Confidential Information that are reasonable and appropriate given the type of Confidential Information received or anticipated to be received by Extend, and will include regularly scheduled data security risk assessments and adjustments.

8.5 Security Incidents. Except where prohibited by law, Extend will inform Customer of any breach of Customer Confidential Information in Extend’s possession or control (a “Security Incident”) within seventy-two (72) hours after discovery, provide reasonable updates to Customer, provide a summary of the scope of the Security Incident within five (5) days after discovery or as soon as reasonably practicable if additional investigation is required, and reasonably cooperate with Customer in connection with legally required notices or disclosures relating to the Security Incident.

8.6 Data Processing Addendum; Privacy Policy. The DPA is incorporated into and subject to this Agreement. Extend’s Privacy Policy, located at https://www.extend.ai/privacy, describes how Extend collects, uses, and discloses personal information in connection with Extend’s websites and related interactions. To the extent Customer Data includes personal data processed by Extend on behalf of Customer, the DPA will apply to such processing, subject to the terms of this Agreement.

9. Miscellaneous

9.1 Governing Law; Venue. This Agreement will be governed by the laws of the State of New York, without regard to conflict of law principles. Each Party irrevocably consents to the exclusive jurisdiction of the state or federal courts located in New York, New York, over any suit, action, or proceeding arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The Parties unconditionally and irrevocably waive any right to trial by jury in any action, suit, or proceeding arising out of or relating to this Agreement.

9.2 Assignment. Neither Party may assign this Agreement, in whole or in part, without the other Party’s prior written consent, not to be unreasonably withheld; provided that (x) Customer acknowledges that Extend may use a third-party ad server platform; and (y) either Party may assign or transfer this Agreement to (a) an Affiliate or (b) in connection with a merger, reorganization, or sale of all or substantially all of such Party’s assets or capital stock, so long as the assignee assumes all obligations of the assigning Party under this Agreement and is not a direct competitor of the non-assigning Party. Any attempted assignment other than as permitted in this Section 9.2 will be void. This Agreement will bind and inure to the benefit of the Parties and their respective successors and permitted assigns.

9.3 Publicity. Extend may identify Customer as an Extend customer and use Customer’s name and logo on Extend’s website and customer lists. Any other use requires Customer’s prior written consent in each instance, which will not be unreasonably withheld.

9.4 Notices. Notices to Extend must be sent to CrowdView Inc. dba Extend, 169 Madison Ave., Suite 11091, New York, NY 10016, Attention: Legal Department, with a copy by email to legal@extend.app. Notices to Customer may be sent to the physical or email address associated with Customer’s account or Order. Notices are deemed given upon receipt if delivered personally, upon confirmation if sent by email, and three (3) business days after mailing if sent by certified mail, return receipt requested.

9.5 Updates to Agreement. Extend may update this Agreement from time to time by posting an updated version or otherwise notifying Customer. Updates will apply to new Orders and renewal Subscription Terms unless otherwise stated. For an active Subscription Term, updates will not materially reduce Customer’s rights or materially increase Customer’s obligations during that Subscription Term unless required by applicable law, necessary for security or compliance reasons, or accepted by Customer through an online process or written amendment.

9.6 Entire Agreement; Conflicts. This Agreement, including Orders, the DPA, and any documents incorporated by reference, contains the entire agreement between the Parties and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, concerning its subject matter. If Customer and Extend have mutually executed a separate written agreement governing the Services, that agreement controls over this Agreement with respect to the Services covered by that agreement. If there is a conflict between this Agreement and Extend’s Website Terms of Use, this Agreement controls with respect to Customer’s access to and use of the Services.

9.7 General. The Parties are independent contractors, and nothing in this Agreement creates a joint venture, partnership, fiduciary, employment, or agency relationship. If any provision of this Agreement is determined to be void, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted to effect the intent of the Parties, and all other provisions will remain in full force and effect. No waiver will be effective unless in writing and signed by the Party granting the waiver. If performance of any obligation under this Agreement or an Order is prevented by a condition beyond the reasonable control of the affected Party (a “Force Majeure Event”), the affected Party, upon giving prompt notice, will be excused from performance to the extent of such prevention, provided that the affected Party uses commercially reasonable efforts to resume performance as soon as practicable. Customer will comply with all applicable export control and sanctions laws in connection with its use of the Services.