Terms and Conditions – Silent Touch & SmartStore

ExtendaGO General Terms and Conditions

(updated November 12, 2025)

These terms and conditions (the “T&Cs”) form an integral part of the agreement (the “Agreement”) governing the purchase and use of the ExtendaGO Silent Touch and SmartStore software and any modifications made to such software (collectively referred to as the “Software”).

License and Usability

Subject to these T&Cs, the Supplier gives the Customer a non-transferable, non-exclusive, limited-in-time license to use the Software for its business purposes in accordance with the provisions of these T&Cs (the “Subscription License”).

The Customer undertakes to not:

modify, reproduce, develop or compile, reverse engineer or otherwise deduce the source code of the Software;
remove, alter, conceal or obscure any notice of copyright, trademarks or other proprietary rights belonging to the Software; or
create or attempt to create software that is similar and/or can be confused with the Software.

Security and Data

The Customer shall use the Software only for business-appropriate and legal purposes and is not entitled to use the Software for other measures (including but not limited to uploading, transmitting, delivering, running, or saving malicious code, malware, or illegal content).

The Customer is required to comply with at each time the applicable software or hardware guidelines for ExtendaGO Silent Touch, Smartstore and third-party suppliers.

Any information the Customer submits to the Supplier’s website or via the Software can be intercepted by others, even if such information is encrypted. The Customer bears the full risk of hacking, viruses or breaches in relation to its submission and shall indemnify the Supplier in case of any damages caused under such circumstances.

The Customer agrees that the Supplier may collect, use and disclose quantitative data derived from the use of the Software for industry analysis, benchmarking, analytics, marketing, and other business purposes. All data collected, used, and disclosed must be in aggregate form only and must not identify the Customer or its users.

Consulting Services

The Customer may request consulting services to be delivered by the Supplier on a time and material basis or if specifically agreed, at a fixed price, including for example implementation, installation, modifications, training, phone support, etc. Supplier shall reply to such requests without unreasonable delay with a high-level description of the service scope, a non-binding price estimate and any conditions regulating the relevant consulting service.

If a delay in the Supplier’s delivery has been caused by circumstances relating to the Customer, the Supplier shall be entitled to postpone its obligations within a reasonable time, corresponding to the delay and to invoice any additional work performed by the Supplier, or for idling resources that could not be reallocated, due to such delay caused by Customer, on a time and material basis.

In the event Customer should find that the Supplier has not delivered consulting services as agreed, Customer shall promptly, and not later than ten (10) business days of becoming aware thereof, notify the Supplier of such deviations and grant the Supplier opportunity to verify such deviations. The Supplier shall, at no additional charge to the Customer, make reasonable efforts to remedy such deviations as soon as possible.

The Customer shall be responsible for providing the necessary resources, personnel as well as technical or other, at the appropriate time, necessary for the Supplier to deliver the consulting services according to the agreed plan. This shall also include the Customer's responsibility for any additional services that need to be in place for which the responsibility lies with the Customer.

The Agreement does not cover the correction of errors or support arising from the Customer's failure to fulfill its obligations under the Agreement. Remedies of such errors will be charged at current rates for consultancy work.

Customer Obligations

In order for the Supplier to be able to perform its obligations under the Agreement, Customer undertakes, at its own expense, to:

comply with the Supplier's from time to time applicable security instructions and procedures for using the Software;
be responsible for all third-party software and equipment within the Customer’s internal IT, web browsers, firewalls etc.;
provide all information affecting the Software or required in order for the Supplier to be able to perform its obligations pursuant to the Agreement;
perform its obligations and duties with qualified and skilled personnel and sufficient resources;
facilitate contacts and escalation with any third parties (if required) for the Supplier's provision of the Software under this Agreement;
immediately notify the Supplier about any virus attack, zero-day vulnerability, stolen passwords/codes or similar events; and
restrict access to copies of the Supplier's Software products or any third-party software provided by the Supplier.

The Customer undertakes not to use the Software and in such a manner that prevents or disrupts other computer communications or prevents or disrupts the equipment employed in order to provide and use the Software services. The customer shall not force any electronic barriers or locks which have been adapted for the purpose of protecting the Software.

The Customer shall take all necessary precautions to prevent the introduction of viruses to the Supplier's software products and to prevent any unauthorized access. Customer must promptly provide the Supplier with any and all details if Customer becomes aware of any unauthorized access, copying, modification or use of the Supplier software products.

The Customer agrees to use the Software for its intended purposes and shall not use the Software for any unlawful purpose or purpose that could create damage for the Supplier or any third party. The Customer shall ensure that all data transferred using the Software complies with all applicable laws and regulations, as well as be responsible for the Silent Touch and SmartStore comply with local fiscal laws.

The Customer is obliged to obtain and maintain all authorizations and regulatory approvals required by it for the purpose of the parties' cooperation pursuant to the Agreement and any ordered consulting services.

The Customer is obliged to inform the Supplier if, on the Customer's initiative, changes are made to the configuration, setup, or other matters that affect the Supplier's ability to provide the Customer with the Service under the Agreement.

The Customer shall ensure that the applicable product specifications for hardware, software and basic software covered by the Agreement are followed.

The Customer is obliged to procure and use hardware and basic software that is approved by the Supplier and is required for the Service to operate at any time. The Supplier will inform about this upon the conclusion of the Agreement and upon making available new versions of the Service.

If the Customer requests the Supplier to cooperate with a third party and the parties agree on this, the Customer is obliged to facilitate the cooperation, including ensuring that the Supplier has access to necessary personnel, material, data, etc. from third parties.

The Customer shall ensure that users of the Service have received adequate training and have the necessary skills to use the Service.

Fees, Invoicing and Payment Terms

The Supplier is entitled to start invoicing the fee for the Service when the Service is made available.

For assistance requiring physical presence at the Customer’s premises, travel time and travel expenses are invoiced according to the Supplier’s current price list. Assistance outside normal working hours is charged with a surcharge.

As from the calendar year immediately following the year the Agreement was signed, Supplier shall have the right to increase all Fees as of January 1 every calendar year in accordance with the change in the national Consumer Price Index (CPI) or a comparable officially published labor cost index for the service sector in the country where the Supplier is registered, or as otherwise agreed upon by the Parties in writing. Unless otherwise agreed, the base quarter for the adjustment shall be Quarter 2. The most recently available official index data shall be used as the basis for the final index adjustments. To the extent that invoicing for a period extending beyond January 1 has been invoiced in advance, the Supplier shall be entitled without limitation to issue an additional invoice to cover the price increase resulting from the indexation for the affected period, and the Customer undertakes to pay such invoice.

If applicable, the Supplier shall have the right to increase the fees in accordance with the generally accepted labor index in third country(ies) to reflect Supplier’s increased costs for resources in such third country(ies).

If the Supplier’s costs of providing the services increases due to third-party price increases or any other change that materially increases the costs or other terms of delivery of the Services, the Supplier shall have the right to adjust the fees on an annual basis to reflect such increased cost.

If the Customer requests specific invoicing information or a purchase order number for its supplier invoices, such purchase order shall be provided to the Supplier at the latest fifteen (15) days before the date the invoice shall be issued. If such invoicing information has not been duly received, an additional amount corresponding to 10% annual interest as well as an administrative fee of EUR 50 will be added until the purchase order has been received.

The Customer is the invoicing party for all applicable benefitting parties and/or affiliates under the Agreement. If the Customer requests individual invoicing for beneficiaries and/or affiliates under the Agreement, an additional 7 % of the invoiced amount will be added to each invoice.

Fees for consulting services and expenses shall be invoiced by the Supplier monthly in arrears.

If the Customer fails to make payment by the agreed time, the Supplier shall be entitled to claim interest on any overdue amount, pursuant to the Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act). In addition, the Supplier is entitled to charge the Customer reasonable administration fee as well as reminder fee. If overdue consideration, with the addition of late payment interest, has not been paid within ten (10) calendar days of the due date, the Supplier may withhold its performances under the Agreement and/or terminate this Agreement in part or in its entirety by written notice to the Customer.

If the Customer fails to make payment by the agreed time, the Supplier shall be entitled - in addition to all other rights hereunder - to send the matter to debt collection without any previous reminder.

Payment

Payment shall be made within thirty (30) calendar days of the invoice date. The first invoice time is at the conclusion of the Agreement for the rest of the current period, thereafter invoice and payment will be made for one billing period at a time.

Publicity

The Customer agrees that the Supplier may use the Customer’s name and logo in press releases, product brochures, financial reports, websites, social media and other promotional materials in any media indicating the collaboration between the Customer and the Supplier.

Contract Changes

If a party wishes to make any change to this document, such party shall submit details of the requested change to the other party in writing. The parties shall discuss a requested amendment, modification or change diligently, in good faith and at the pace required taking the potential impact on each of the parties into consideration.

The Supplier may invoice Customer for the cost of examining requests for changes and for the processing of quotations, as consulting services, subject to Customer's prior approval. Such agreed changes to this document shall be documented in writing by authorized representatives of the parties.

Third-Party Functionality & Software

The Customer is responsible for the integration between the Software and for any integration between the Software and any third-party software.

The Software transfers encrypted data between the Customer and the Customer’s payment system, including the Customer’s payment system’s network and bank. The Customer, therefore, accepts that the use of the Software may be subject to terms and conditions in addition to these T&Cs determined by a third party and that the Supplier is not responsible or liable for any performance under such third-party terms and conditions.

The Supplier is not responsible for any crashes, incompatibility or damage of any kind caused by third-party systems and services, including, but not limited to, operational disruptions for the Customer’s mobile devices, mobile operator or payment system.

By accepting these T&Cs, the Customer also confirms and accepts the linked terms and conditions from third-party suppliers listed below (only if applicable) and the Customer undertakes to inform its users about the content of the third-party terms: Fully integrated loyalty and communication platform, Diller®. Link to terms and conditions: https://terms.diller.no.

The Software may contain links to third-party websites as a service to the Customer and does not, therefore, imply that the Supplier has approved the content nor assumes any liability for the legality of the content.

The use of third-party websites via a hyperlink is at the Customer’s own risk as the content is outside the Supplier’s control. The Supplier is not liable for any loss or damage due to the use of hyperlinks or third-party websites.

Audit Rights

The Supplier is entitled to audit the Customer’s compliance with the Agreement. During such an audit, the Supplier may verify the usage data and other information affecting the calculation of the fees. Such an audit will be conducted in a manner that minimizes disruption to the Customer’s business and will be conducted during the Customer’s normal business hours. The Customer agrees to provide records, system tools output, and other electronic or hard copy system information necessary for such audit. If any deviations are discovered during the audit, the Customer shall pay the costs for the audit.

Intellectual Property Rights

The Supplier, or its group companies, is the sole owner of any and all copyrights and intellectual property rights to the Software. The Software is subject to these T&Cs and is licensed to the Customer, not sold. The Customer acknowledges and agrees that the title to the intellectual property right is not transferred under this Agreement.

The Supplier explicitly reserves, without limitation, the right to market, promote, distribute, sell, and grant licenses for the Software to other customers. All rights not expressly granted by the Supplier to the Customer under these T&Cs are reserved for the Supplier.

The intellectual property rights to any developments of the Software (whether ordered by the Customer or not) will be the sole property of the Supplier.

The Customer shall not copy, distribute, pledge, lease, transfer or take any other action regarding the Software to any third party except what is allowed under this Agreement. The Customer shall not make changes to, disassemble, develop, decompile or use any other measures to try to recreate the source code of the Software or any part of it.

The Supplier shall be the sole owner of and shall have the exclusive right to all amendments made to the Software. The Supplier will also retain the intellectual property rights to any updates etc. of the Software.

Any mark, trademark or other recognition of the ownership of intellectual property rights in the Software cannot be amended or removed by the Customer.

Any ideas, suggestions, feedback, art or other information or work (“Feedback”) the Customer develops during its use of the Software shall be seen as the Supplier’s intellectual property. The Supplier is not obliged to review Feedback; but is free to use, publish and/or redistribute Feedback in whole or in part and in any form for the commercial benefit to improve the Software or for another purpose and will provide no compensation of any kind (e.g. royalties) for such Feedback.

The Customer may not remove or change the Supplier's trademark and "copyright notice" from Software or documentation related to the Service.

The Customer has an obligation to safeguard the Supplier's intellectual property rights, such as trademarks, copyright, etc. This implies an obligation to check that the Supplier's intellectual property rights are not violated or exploited in conflict with the Agreement. If a breach of the Supplier's intellectual property rights is detected, the Supplier shall be notified immediately in writing.

Term, Termination and Effects of Termination

This Agreement enters into force when it has been signed by both parties and shall remain in effect for a duration of twelve (12) months. Unless a termination notice has been provided 12 months prior to the expiry of the initial term, the Agreement will be renewed in twelve (12) months’ periods until terminated by either party giving twelve (12) months' written notice. The Supplier may however terminate this Agreement at any time giving the Customer six (6) months' notice.

In the following situations, the Supplier may, without notice and without liability, terminate and discontinue the Customer’s access to the Software:

the Customer violates the T&Cs;
upon a request by the police, prosecutor or other public authorities;
upon the Customer’s own request; or
the Customer fails to pay the fees in advance for two consecutive months.

Limitation of Liability

Neither party shall be liable for indirect damages, including but not limited to, loss of data, loss of profit, loss of revenues or expected savings, loss of production, loss of goodwill, third-party losses or other indirect losses, regardless of their nature, under the Agreement.

Each Party’s total aggregate liability under the Agreement shall for each contract year be limited to fifteen (15) percent of the total fees actually paid by the Customer during the contract year in question for the Subscription License prior to the date on which the event or cause of the claim occurred.

Supplier shall not be liable, i.e. shall not face sanctions, for an incident or a breach of contract, caused as a result of:

issues with and/or errors in hardware equipment, network components, software or services that lie outside of Supplier’s Software, such as disturbance of Customer's access to the Internet or other errors that impede data traffic;
customer's use of the Software with equipment, software or accessories other than those prescribed by Supplier in a manner that affects the working of the Software, or alterations or internal adjustment by Customer not in accordance with Supplier's instructions;
customer having provided erroneous, incomplete, corrupt or inadequate data to Supplier or into any of the Software;
an error in any off-the-shelf third-party software or services provided by Supplier as part of its services that is not possible for Supplier to circumvent using reasonable commercial efforts, thus appropriate to remedy with the assistance from the relevant third-party software provider (e.g. a bug fix);
a virus attack or zero-day vulnerability (by which is meant for example the phenomenon initiated by any third party in order to create load, modify, destroy or threaten to destroy data or programs), provided that Supplier has taken adequate protective measures against viruses and used such protection software; or
negligence on the part of Customers, their staff or a third party;
faults in the Software for the Customer’s use (including use of its Customer Representatives), or for any loss the Customer may incur in connection with the use of the Software, including, but not limited to, damage to the Customer’s other hardware, data loss, etc.; or
damage to the Customer’s hardware or other property (including information the Customer submits to the Supplier’s website or via the Software, even if such information is encrypted), regardless of whether it is caused by a virus or similar due to the Customer’s access to, or use of, the Supplier’s (including its Representatives) website or the Software.

The Supplier is only liable for product liability pursuant to the mandatory provisions under the applicable Product Liability Act. Any liability for product damage on any other basis is hereby explicitly excluded. Any use is at the Customer’s own risk.

The Supplier can provide the Customer the opportunity to participate in the beta testing of new features that have not yet been thoroughly quality assurance tested. If the Customer accepts an offer from the Supplier to participate in such a beta test, the Customer may not hold the Supplier liable for any loss or damage the Customer may incur as a result of such participation, including, but not exclusively, damage to computers, mobile phones, tablets or other devices, or data within or associated with the Customer’s account.

The Software is provided as is, and the only warranty from the Supplier is that Software substantially functions in accordance with the documentation provided under this Agreement.

Indemnification

The Customer is obliged to indemnify the Supplier from any claim arising from a third party as a result of the Customer’s (or its representatives) use of the Software, violation of these T&Cs or infringement of third party rights.

Subcontracting

The Supplier may use any subcontractor for the performance of its obligations under the Agreement. The Supplier is fully responsible and liable for all acts (including omissions) of its subcontractors and shall cause each of its subcontractors to comply with all applicable obligations, terms and conditions of the Agreement.

Force Majeure

If a party is prevented from fulfilling its obligations under the Agreement, due to a circumstance beyond that party's control, including, without limitation, labor conflict, lightning, fire, war, terror attack, hacker attack, data virus, ransomware, malicious code, zero-day vulnerability, natural disasters, confiscation, currency restriction, official decree, riots, public utility failures, amendment of rules to public authorities, interventions by public authorities, new legislation, a decision by a court, limitations regarding transportation, fuel, supplies, connectivity, telecommunication, or energy and fault or delay from supplier or subcontractor for the same reasons as above or any other similar circumstance preventing such party from fulfilling its obligations (“Force Majeure”), then this shall constitute a ground for release resulting in an extension of the deadline for performance and release from liability for damage and other sanctions while such circumstances persist.

In the event it would, due to Force Majeure, be significantly more difficult or financially burdensome for the Supplier to perform its obligations under this Agreement, then this shall constitute a ground for release resulting in an extension of the deadline for performance and release from liability for damage and other sanctions while such circumstances persist.

The party affected by Force Majeure shall without undue delay notify the other party in writing, specifying the reason for the inability to perform in accordance with the Agreement.

If, as a result of Force Majeure, the fulfillment of an obligation is delayed by more than ninety (90) days, either party shall be entitled to terminate this Agreement with immediate effect without incurring any liability.

Confidentiality

Each party hereby undertakes not to directly or indirectly exploit or reveal to a third party any Confidential Information that a party has received as a result of or pursuant to the Agreement unless otherwise agreed to by the other party in writing. “Confidential Information" means any information in any form, e.g. any technical information, financial information or business information about a party or its affiliates or their users, that is of a confidential nature, whether stated to be confidential or not, that a party receives or gets access to (digitally, orally, in writing or in any other form) in connection with the Agreement.

Confidential Information shall however not include information which (i) is publicly known or available at the time of disclosure or later becomes part of the public domain, other than by breach of this Agreement; (ii) that a party can prove was in its possession before the time of disclosure, other than through a third party's breach of any obligation towards the other party; (iii) is lawfully disclosed to a party by a third party without any duty of confidentiality; or (iv) was developed by a party, independently and without by any means using or relying upon any part of the Confidential Information.

A party shall be entitled to disclose any Confidential Information that such party is required to disclose by (i) law, rule or regulation; (ii) decision of a court or tribunal; (iii) a rule of a listing authority or stock exchange; (iv) a governmental authority or other authority with relevant powers to which such party is subject; or (v) with the other party's written approval.

Notices

Any notice required or permitted to be given by either party under the Agreement shall be in writing and may be delivered by hand or courier sent by registered post or sent by e-mail to legaladmin@extendaretail.com if to the Supplier and to the Customer’s contact person specified in the Agreement, if to the Customer.

A notice shall be deemed to have been received: (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of receipt to the recipient's e-mail address if delivered by e-mail.

Miscellaneous

Entire Agreement. The Agreement constitutes the entire agreement between the parties, and supersedes and extinguishes any and all previous understandings, representations, warranties and agreements between the parties (whether written or oral) relating to its subject matter, except where an express reference is made thereto.

Assignment. The Agreement may not be assigned by either party without the prior written consent of the other party, which shall not be unreasonably withheld or delayed. Notwithstanding the previously mentioned, the Supplier shall be entitled to assign the Agreement to a company in the Supplier’s group.

Independent Parties. The parties are independent, and nothing in the Agreement shall be construed to appoint either party as an agent, partner, joint venture or representative of the other party or to grant to either party any right to bind the other party in any way.

Non-solicitation. During the term of this Agreement and for a period of six (6) months following termination, neither party shall, without the other party’s prior written consent, solicit for employment any employee or other representative of the other party who has at any time been engaged in the performance of any services provided under the Agreement. However, this restriction shall not apply to any person who (without having been previously approached directly or indirectly) responds to a general recruitment advert placed by (or on behalf of) the new employer. If either party breaches this clause, the breaching party shall pay to the other party liquidated damages in an amount equivalent to two (2) times the employee’s new annual gross salary in recognition of the disruption that such breach would cause to the other party’s business. Each party acknowledges that this provision is a fair and reasonable term intended to be a genuine assessment of the loss likely to be suffered as a result of a breach of this clause.

Survival. The expiration or termination of the Agreement shall not affect or prejudice any provisions of the Agreement that are, expressly or by implication, provided to continue in effect after such expiration or termination.

Governing Law and Dispute Resolution

This Agreement shall be governed by Swedish law.

Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English. The Parties undertake and agree that all arbitral proceedings conducted with reference to this section 19 will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is.