This Tenant Services Agreement (the “Agreement”) governs your use of the utility billing services provided by Fram Energy, Inc. (“we,” “us,” “our,” or “Fram”) through our website and online platform (the “Services”). Each time you access or use the Services, regardless of where it is downloaded or accessed from, and any software, service,

feature, product, program, and element (including e-mail messages, notifications, and other messages) provided by or on behalf of Fram on or in connection with the Services, you are agreeing to the terms and conditions of this Agreement.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Fram through the Services or otherwise made available to you by Fram.

THIS AGREEMENT INCLUDES, WITHOUT LIMITATION, BINDING ARBITRATION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS OPPOSED TO JURY TRIALS OR CLASS ACTION LAWSUITS).

1) License; Accessing the Services. Subject to your compliance with this Agreement and any required payments during the course of the Services, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services for your personal, noncommercial use. You agree to use the Services in connection with your occupation of the building to which these Services are connected (the “Building”). You are responsible for making all arrangements necessary for you to access the Services. To use the Services, you will need and are responsible for having internet access.

2) Account Registration. In order to access the Services, you must register for an account with Fram (“Account”) by providing certain information, including without limitation your full legal name, residential address, email address, a unique password, and billing information. You represent and warrant that: (a) all information you submit through the Services is true, accurate, current, and complete and (b) you will maintain the accuracy of such information. You may not impersonate someone else to create an Account; create or use an Account for anyone other than yourself; permit anyone else to use

your Account; or provide another person’s personal information for purposes of Account registration.

3) Account Security. Once you have an Account, you are responsible for all activities that occur in connection with your Account. You will keep your Account access credentials confidential and will not disclose such credentials to any third party. You agree to immediately notify us if you have any reason to believe that your Account credentials have been compromised or that there is, was, may be, or may have been any unauthorized use of your account or password, or any other breach of security.

4) Billing and Payment. Fram requires that you submit billing information at the time you register for your Account. You may provide either (a) a bank account or (b) a credit or debit card. You acknowledge and agree that an additional 2.1% fee is added to all credit and debit card payments. You hereby authorize Fram to automatically charge any fees owed to Fram

under the Agreement. In the course of your use of the Services, Fram may receive and use updated credit card information from your credit card issuer to prevent your Services from being interrupted by an outdated or invalid card. This information is provided to Fram at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out

of the update service. Should you desire to do so, please contact your credit card issuer. You agree not to hold Fram responsible for banking charges incurred due to payments on your Account.

We will send you a bill for your energy usage (including, in some cases, your gas usage) using the same billing cycle used by the utility service provider that provides energy to the Building (the “Utility Service Provider”). All payments are due

to Fram immediately upon your receipt of each bill. All payments shall be made in U.S. dollars. Any payments more than thirty (30) days overdue will bear a late payment fee of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is lower. You hereby authorize Fram to bill your account on a periodic basis in accordance with

this Agreement, and further agree to pay any charges so incurred.

We use Stripe for payment, analytics, and other business services. Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about Stripe and its processing activities in its privacy policy, which can be found at https://stripe.com/privacy.

5) Prohibited Uses. You may use the Services only for lawful purposes and in accordance with this Agreement. We are under no obligation to enforce this Agreement on your behalf against another user. We encourage you to let us know if you believe another user has violated this Agreement or otherwise engaged in prohibited or illegal conduct. You agree not to: (a) use the Services in a manner that: (i) is prohibited by any law or regulation, or to facilitate the violation of

any law or regulation; or (ii) disrupts third parties’ similar use of the Services; (b) violate or tamper with the security of any hardware or software included in the Services; (c) modify, reverse engineer, or attempt to hack or otherwise discover any source code or underlying code, ideas, or algorithms of the Services (except to the extent that applicable law prohibits reverse engineering restrictions); (d) sell, resell, license, sublicense, provide, lease, lend, use for timesharing, or service bureau purposes, or otherwise use the Services or allow others to use the Services for the benefit of any third party, except as expressly permitted herein; (e) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights; (f) attempt to gain unauthorized access to the Services or its related systems or networks; (g) copy the Services or any part, feature, function

or user interface thereof, or access the Services in order to build a competitive product or service; or (h) use the Services for any purpose other than as expressly licensed herein. If we have reasonable grounds to believe you are utilizing the Services in violation of this Section, we may, in our sole discretion, suspend the Services immediately with or without notice to you and/or terminate this Agreement.

6) IP Ownership. Subject to the limited licenses expressly granted hereunder, Fram shall retain all right, title, and interest in and to all intellectual property rights related to the Services, including any software, materials, documentation, data,

instructions, methods, processes, inventions, know-how, and other content, and all improvements, enhancements, modifications, and derivative works thereof (“Fram Content”). No rights are granted to you hereunder other than as expressly set forth herein.

7) Estimates and Recommendations. As part of the Services, Fram may provide you estimated savings and estimated emissions offsets. These are estimates only. Fram expressly disclaims all liability for the accuracy and reliability of such

estimates. Fram may also provide you energy saving tips or other recommendations related to your energy usage. Such recommendations are for your convenience only. Fram assumes no responsibility, and disclaims all liability for the accuracy, completeness, legality, reliability, or availability of such recommendations. You should make whatever investigation you feel

necessary or appropriate before implementing or acting on such recommendations.

8) Third-Party Content. The Services may contain links or provide access to third-party websites, content, and services (“Third-Party Content”). Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Content. We provide access to such Third-Party Content as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. You use all Third-Party Content at your own risk, and we recommend you apply a suitable level of caution and discretion in doing so. Whenever you click on any link to any Third-Party Content, the applicable third party’s terms and policies will apply, including the third party’s privacy and

data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Third-Party Content.

9) Feedback. If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Fram all rights in such Feedback and agree that Fram has the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Fram will treat any Feedback as non-confidential and non-proprietary. You agree not to submit to Fram any information or ideas that you consider to be confidential or proprietary.

10) Electronic Communications Consent. Email, text messaging, push notifications and other electronic communication (“Electronic Communications”) allow us to exchange information with you in connection with the Services. You agree and consent to the use of Electronic Communications as an acceptable form of communication regarding the Services. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that

Electronic Communications may not be a completely secure means of communication, and there may be the potential for such communications to be accessed in storage or during transmission.

Applicable laws require that some of the information or communications we send to you should be in writing. You acknowledge and agree that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

11) NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FRAM DOES NOT GUARANTEE THAT YOUR

UTILITY COSTS WILL DECREASE AS A RESULT OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND FRAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY

WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY

(90) DAYS FROM THE DATE OF FIRST USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW

LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRAM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY YOU INCUR THROUGH USE OR AS A RESULT OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13) Indemnification. You agree to indemnify and hold Fram (and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents) harmless from any claim or demand made by any third party, and any related liability, damage, loss or expense, including costs and attorneys’ fees, caused by or arising out of (a) your use of the Services; (b) your violation of this Agreement; or (c) your violation of applicable laws or regulations. Fram reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fram. Fram will use reasonable efforts to promptly inform you in writing of any such claim, demand, action, or suit, provided that any failure to so inform you will not affect your obligation of indemnity, except to the

extent you are materially prejudiced by such failure.

14) Governing Law. This Agreement, and the license granted herein, shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in such state.

15) Arbitration. PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FRAM, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FRAM, INCLUDING A

LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. 

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements between you and us. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with this Agreement shall be resolved

exclusively by final, confidential, and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy

exceeds $100,000, then in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Arbitration can resolve only your or our individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. The Applicable Rules can be found at www.jamsadr.com. The Arbitration will be conducted in New York, New York, unless you and Fram mutually agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of

competent jurisdiction. This section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.

ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER

IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER

REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FRAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

16) Changes to this Agreement. We reserve the right to modify this Agreement, and to add new or additional terms or conditions on your use of the Services, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance hereof. We will notify you of material changes by email or posting a notice on our website prior to the effective date of such changes.

17) No Guarantee of Service. Although we hope to make the Services available at all times, there may be times when we need to disable the Services either temporarily or permanently. We reserve the right to discontinue, change, suspend, remove, and/or disable access to the Services and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability. In no event will we be liable for the discontinuance, modification, suspension, or removal of, or disabling of access to, the Services at any time and/or for any period of time.

18) Termination. Upon any termination, your rights and Fram’s obligations under this Agreement shall immediately terminate, provided that all provisions of this Agreement that by their nature must or are intended to survive termination or expiration of this Agreement shall so survive.

19) Force Majeure. Fram shall not be responsible for any delay or failure to comply with this Agreement or for any liability arising under this Agreement to the extent due to causes beyond Fram’s reasonable control, including eminent domain, earthquake, flood, civil unrest, acts of God, war, or terrorist attacks, whether physical or electronic, or failure of the Internet.

20) Miscellaneous. This Agreement constitutes the entire agreement between you and Fram regarding your use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or

contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and

enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Fram’s prior

written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of

the foregoing will be null and void. Fram may freely assign this Agreement. Fram shall be an independent contractor in the performance of the Services.

If you have questions about this agreement, please contact our support team at support@framenergy.com.