Website Terms of Use

1. ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement between you and SynMax, Inc., and its subsidiaries (“SynMax,” “we,” “us,” or “our”). By accessing and using the synmax.com website, any SynMax-operated website, including synmax.com, basin-iq.com, and synmaxresearch.com (each a “Website” and collectively the “Websites”), and any SynMax tool interface, software, service, and/or delivery platform or other method through which SynMax content may be made available, including (but not limited to) web, mobile, or desktop applications and program add-ins and new releases and further versions of such tools (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

These terms apply to you, as an individual. Your access to, and use of the Services may also be subject to the terms of a separate subscription, license and/or similar agreement which you, or your employer, have entered into with us (a “License Agreement”), and these Terms and any Supplemental Terms (as defined in section 4 below) shall operate in conjunction with but shall not take precedence over a License Agreement.

If you do not agree to these Terms, you must immediately discontinue use of the Services.

2. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to the website. Your continued use of the Services after any modifications constitutes acceptance of the modified Terms. You are responsible for regularly reviewing these Terms to stay informed of updates.

3. DESCRIPTION OF SERVICES

3.1. Services

SynMax provides satellite data intelligence and analytics services, including maritime domain awareness, vessel tracking, energy production, power infrastructure analytics, AI-powered analytics, and land and energy intelligence, derived from multiple data sources. Our proprietary platforms, including Theia, Hyperion, Vulcan, Agents, and BasinIQ, deliver data products, analytics, and AI-assisted tools to customers in the defense, energy trading, infrastructure, land management, and related sectors.

Our Services include enterprise and institutional platforms designed for business and government use, as well as consumer-facing applications designed for individual users. The nature and scope of Services available to you depends on the applicable subscription, license, or access tier.

3.2. Accessibility

We are committed to making the Services accessible to users with disabilities and strive to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience accessibility barriers, please contact us at accessibility@synmax.com. We provide Voluntary Product Accessibility Templates (VPATs) upon request for government procurement purposes.

4. SUPPLEMENTAL TERMS

Certain Services, including our proprietary platforms (Theia, Hyperion, Vulcan, Agents, and BasinIQ) and mobile applications, may be subject to additional terms and conditions (“Supplemental Terms”). In the event of a conflict between these Terms and any Supplemental Terms, the Supplemental Terms shall control with respect to that specific Service. Your use of any Service constitutes acceptance of both these Terms and any applicable Supplemental Terms.

5. ELIGIBILITY AND ACCOUNT REGISTRATION

5.1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts. By using the Services, you represent and warrant that you meet these requirements.

5.2. Account Security

If you create or are provided an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to protect your account information.

5.3. Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.

6. AUTHORIZED USE AND RESTRICTIONS

6.1. License Grant

Subject to your compliance with these Terms and any License Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own lawful purposes as permitted by the applicable subscription, license, or access tier. For enterprise and institutional platforms, use is limited to internal business purposes unless your License Agreement expressly permits broader use. For consumer-facing applications, use is limited to personal, non-commercial purposes unless your subscription terms expressly permit commercial use.

6.2. Prohibited Activities

You may not:

• Use the Services for any unlawful purpose or in violation of any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use any robot, spider, scraper, or other automated means to access the Services
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Use the Services to transmit any viruses, malware, or other malicious code
• Resell, redistribute, or provide access to the Services to any third party without our express written consent
• Use the Services in any manner that violates export control laws or sanctions regulations
• Bypass any measures we implement to prevent or restrict access to the Services

6.3. API Access

If your License Agreement includes API access to any Service:

• You shall comply with all rate limits, quotas, and technical specifications in the API documentation
• You are responsible for securing API credentials and keys
• You may not share, publish, or expose API credentials to unauthorized parties
• You may cache API responses only as permitted in your License Agreement
• You may not use APIs to create competing products or services
• We may modify, deprecate, or discontinue API endpoints with reasonable notice

6.4. Monitoring Rights

SynMax reserves the right to monitor use of the Services to ensure compliance with these Terms, applicable laws, and any License Agreement. SynMax may, upon reasonable notice, audit your use of the Services to verify compliance. You agree to cooperate with any such audit and to provide reasonable access to records related to your use of the Services

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Ownership

All content, features, functionality, platforms, software, data compilations, analytics, algorithms, and materials available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software (collectively, “Content”), are the exclusive property of SynMax or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The SynMax name and logo, along with product and service names including Theia, Hyperion, Vulcan, Agents, and BasinIQ, are trademarks or registered trademarks of SynMax. You may not use these marks without our prior written permission.

7.2. Third-Party Data and Imagery

Satellite Imagery Restrictions

Satellite imagery available through the Services is licensed from third-party providers and is subject to strict redistribution prohibitions. You may not:

• Redistribute, resell, or sublicense satellite imagery to any third party
• Share imagery outside your organization without express authorization
• Extract imagery for use in other systems or applications
• Remove or obscure attribution, copyright notices, or metadata

Use in Legal and Regulatory Proceedings

Your ability to use data and imagery in legal proceedings, regulatory filings, arbitrations, or government submissions is governed by your License Agreement. Trial users may not use Services data in any legal or regulatory proceeding.

Attribution Requirements

When presenting data or imagery from the Services to authorized third parties, you must maintain proper attribution to SynMax and applicable data providers as specified in your License Agreement or as directed by SynMax.

7.3. User Data, Feedback, and Aggregated Data

You retain all rights to data you submit, upload, or transmit through the Services (“User Data”). By submitting User Data, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and analyze such data solely to provide and improve the Services. SynMax does not retain User Data submitted to the Agents platform beyond the duration of the active session. You are solely responsible for maintaining your own copies of User Data and acknowledge that SynMax has no obligation to store, maintain, or return User Data following termination or expiration of your access. Where your use of the Services is governed by a separate written customer agreement, that agreement controls with respect to the handling of data submitted under it.

Any feedback, suggestions, ideas, or other information you provide regarding the Services (“Feedback”) shall be the exclusive property of SynMax. You hereby assign to SynMax all right, title, and interest in and to such Feedback, and SynMax may use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback on a perpetual, irrevocable, royalty-free basis without restriction or obligation to you.

SynMax collects and generates aggregated, de-identified, and anonymized data (“Aggregated Data”) derived from usage patterns, platform interactions, and technical telemetry across the Services. Aggregated Data does not identify any individual user. SynMax owns all right, title, and interest in Aggregated Data and may use it without restriction for any lawful purpose, including product improvement, research, analytics, benchmarking, training of machine learning models, and development of new features and services. For clarity, SynMax’s collection and generation of Aggregated Data does not constitute the collection, retention, or processing of User Data.

8. EXPORT CONTROLS AND SANCTIONS COMPLIANCE

8.1. Export Control Laws

The Services may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). You agree to comply with all applicable export control laws and regulations.

8.2. Sanctions Compliance

You represent and warrant that you are not located in, organized under the laws of, or otherwise subject to the jurisdiction of any country or territory subject to comprehensive U.S. economic sanctions as administered by OFAC. For current sanctions lists, see https://ofac.treasury.gov/sanctions-programs. You further represent that you are not identified on any U.S. government list of prohibited or restricted parties, including the Treasury Department’s list of Specially Designated Nationals and Blocked Persons (SDN List) or the Commerce Department’s Denied Persons List.

You agree not to use the Services to support or engage in any activities that would violate U.S. sanctions administered by the Office of Foreign Assets Control (OFAC) or any other applicable sanctions regime.

9. CONFIDENTIALITY

9.1. Confidential Information

In connection with your use of the Services, you may have access to confidential and proprietary information of SynMax, including technical data, business information, analytics methodologies, algorithms, and non-public data (collectively, “Confidential Information”). You agree to maintain the confidentiality of such information and not to disclose it to any third party or use it for any purpose other than as authorized under these Terms.

9.2. Exceptions

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known to you prior to disclosure; (c) is rightfully received from a third party without breach of any confidentiality obligation; (d) is independently developed by you without reference to Confidential Information; or (e) is disclosed to the extent required by law, court order, or government regulation, provided you give SynMax prompt notice and cooperate in any effort to obtain protective orders.

10. DATA PRIVACY AND SECURITY

Your use of the Services is also governed by our Privacy Policy, available at https://www.synmax.com/privacy-policy, https://www.basin-iq.com/privacy, and https://www.synmaxresearch.com/privacy (the “Privacy Policy”). By using the Services, you acknowledge and agree to our collection, use, and disclosure of personal information as described in the Privacy Policy, including the use of cookies, mobile SDKs, and similar tracking technologies to operate and improve the Services. The Privacy Policy describes how we collect, use, and share personal information; our use of Aggregated Data; the rights available to you under applicable privacy laws (including the CCPA/CPRA, the TDPSA, the GDPR, and the UK GDPR); and the choices you have regarding your personal information. We implement reasonable security measures to protect data, but we cannot guarantee absolute security. You acknowledge that any transmission of data over the internet carries inherent risks. Where your use of the Services is governed by a separate written customer agreement that addresses data handling, that agreement controls with respect to the data covered by it to the extent of any conflict with the Privacy Policy.

By using the Services, you consent to receive communications from SynMax electronically, including by email and through notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing

11. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SYNMAX DOES NOT WARRANT THAT:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will meet your requirements

DATA PROVIDED THROUGH THE SERVICES, INCLUDING SATELLITE IMAGERY AND ANALYTICS, IS FOR INFORMATIONAL PURPOSES ONLY. SYNMAX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICES.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SYNMAX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SYNMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO ANY LIABILITY PROVISIONS IN YOUR LICENSE AGREEMENT, SYNMAX’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO SYNMAX FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO FEES WERE PAID.

Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, SYNMAX’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SynMax, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Services
• Your violation of any rights of any third party
• Your violation of any applicable laws or regulations
• Any User Data you provide

14. TERMINATION

14.1. Termination by SynMax

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, and without liability. Grounds for termination include, but are not limited to, violation of these Terms, suspicious or fraudulent activity, or extended periods of inactivity.

14.2. Effect of Termination

Upon termination, your right to use the Services immediately ceases. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (Intellectual Property), 9 (Confidentiality), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Governing Law).

14.3. Data Retention Upon Termination

Upon termination of your access:

• You must immediately cease use of all data obtained through the Services
• You must delete all copies of such data in your possession within 30 days
• will deactivate your account and may delete User Data, saved queries, custom reports, and configurations. SynMax retains all Aggregated Data generated prior to termination, as Aggregated Data does not constitute User Data or personal information
• We retain the right to preserve access logs, usage metadata, and audit records for compliance, audit, export control verification, licensor audit, and government contract purposes, as further described in the Privacy Policy
• Obligations regarding Confidential Information survive termination as specified in Section 9

Upon request by SynMax, you shall certify in writing within ten (10) business days of such request that all SynMax data and Confidential Information has been destroyed or returned in accordance with these Terms.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1. Governing Law

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

15.2. Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in Texas, and you consent to the personal jurisdiction of such courts.

15.3. Arbitration

For disputes involving claims under $250,000, the parties agree to resolve such disputes through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Texas, and the arbitrator’s decision shall be final and binding.

Notwithstanding any provision in these Terms regarding arbitration or dispute resolution, either party may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data security requirements, without the necessity of proving actual damages or posting a bond.

15.4. Class Actions Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision shall be null and void, and disputes shall be resolved in court as specified in Section 15.2.

15.5. Statute of Limitations

Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the cause of action arises, or such claim is permanently barred.

16. FORCE MAJEURE

SynMax shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, cyber-attacks, denial of service attacks, ransomware, supply chain disruptions, satellite or telecommunications failures, internet service interruptions, actions or inactions of third-party data providers or licensors, or government actions restricting access to satellite imagery or data sources.

17. GOVERNMENT CUSTOMERS

17.1. Commercial Item Designation

If you are a U.S. federal, state, or local government entity, the Services constitute “commercial items” as defined at 48 C.F.R. §2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. §12.212. Government users acquire the Services with only those rights set forth in these Terms.

17.2. Additional Government Requirements

Government customers are subject to additional terms and requirements as incorporated into executed License Agreements. These include DFARS cybersecurity requirements, NIST SP 800-171 compliance, CUI handling, export controls, and other federal acquisition regulation provisions.

18. GENERAL PROVISIONS

18.1. Entire Agreement

These Terms, together with any License Agreements or other written agreements between you and SynMax, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous communications and proposals.

18.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of SynMax.

18.4. Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. SynMax may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties’ respective successors and permitted assigns.

18.5. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties hereto.

18.6. Notices

All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, return receipt requested, to the addresses set forth below or to such other address as either party may specify in writing.

For SynMax:

SynMax, Inc.

777 N. Eldridge Parkway, Suite 890

Houston, Texas 77079

Attention: Legal Department

Email: legal@synmax.com

18.7. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

19. CONTACT INFORMATION

If you have questions about these Terms or the Services, please contact us at:

SynMax, Inc.

777 N. Eldridge Parkway, Suite 890

Houston, Texas 77079

Email: legal@synmax.com

By using the Services, you acknowledge that you have read these Terms and agree to be bound by them.