DTN TERMS OF SERVICE Last Updated: September 2, 2025 These TERMS OF SERVICE (this "Agreement") constitute a binding agreement between DTN, LLC or its affiliates (collectively "DTN") listed on the applicable Order and you. This Agreement incorporates the terms of the DTN Standard Order Form, DTN invoice, and DTN service order (each, an "Order"). By entering into an Order, by clicking "I Accept" or "I Agree" on any electronic version of this Agreement or by otherwise accessing or using any of DTN's Services or Equipment, you agree to be bound by the terms and conditions set forth in this Agreement. Your use of the Services and Equipment, as well as your use of any DTN website, data or content, is governed by these Terms of Service. SERVICE-SPECIFIC ADDENDUMS The following services are subject to additional terms set out in relevant addendums: - Ag Marketing Solutions: https://www.dtn.com/dtn-addendum-ag-marketing-solutions/ - API: https://www.dtn.com/dtn-addendum-API/ - Energy Digital Commerce: https://www.dtn.com/dtn-addendum-energy-digital-commerce/ - Energy Services: https://www.dtn.com/dtn-addendum-energy-services/ - Exchange Services: https://www.dtn.com/dtn-addendum-exchange-services/ - Professional Services: https://www.dtn.com/dtn-addendum-professional-services/ 1. DEFINITIONS "Services" means the specific DTN proprietary information services provided through DTN's hosted solutions, software, and/or applications. "Equipment" means any hardware, equipment or other products leased or sold by DTN to Customer. "Customer Data" means any data, information, content, records, and files provided to DTN by Customer or collected through use of the Services. "Confidential Information" means all confidential or proprietary information communicated by one party to the other. "Term" means the subscription term indicated on the Order as well as any renewal terms. 2. USE OF THE SERVICES 2.1 Services Provision Subject to the terms of this Agreement and Customer's payment of applicable Fees, DTN agrees to make the Services available to Customer for internal business purposes only. 2.2 Restrictions on Use Customer shall not: - Reverse engineer, copy, modify, decompile, or disassemble the Services - Use for benchmarking or competitive analysis - Rent, loan, sell, resell, or sublicense the Services - Engage in any fraudulent or illegal activity - Violate any laws or third party rights 2.3 Customer Responsibilities Customer shall: - Keep Equipment free of claims and liens - Be responsible for all Users' compliance with this Agreement - Obtain consent from Users for data processing - Keep access credentials confidential - Maintain necessary equipment to access Services 3. EQUIPMENT 3.1 Delivery Equipment delivery is F.O.B. DTN's shipping facility with shipping charges paid by Customer. Title and risk of loss passes to Customer upon shipment. 3.2 Installation All Equipment must be installed by DTN or DTN-certified subcontractors. Site preparation must be completed prior to installation or warranties shall be void. 3.3 Lease Terms (if applicable) For leased Equipment: - DTN retains title during the rental term - Equipment must remain at specified location - Customer responsible for returning damaged Equipment - Monthly rental fees continue during repairs 4. FEES AND PAYMENT 4.1 Payment Terms Customer must pay all invoices within thirty (30) days from invoice date. All fees are in USD unless otherwise stated. 4.2 Late Payment Past due payments may bear interest at 1.5% per month or the highest rate allowed by law after 30 days notice. 4.3 Taxes Customer responsible for all sales, excise, or other taxes excluding taxes on DTN's net income. 4.4 Fee Adjustments After initial Term, DTN may modify fees effective at the start of the next billing period. 5. WARRANTIES AND DISCLAIMERS 5.1 Customer Warranties Customer warrants it has authority to enter this Agreement and will comply with all applicable laws. 5.2 DTN Warranties DTN warrants it has authority to provide Services and will perform them professionally in accordance with industry standards. 5.3 General Disclaimer THE SERVICES, DATA AND EQUIPMENT ARE PROVIDED "AS IS." DTN DISCLAIMS ALL WARRANTIES EXCEPT THOSE EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 5.4 Weather Forecasting Disclaimer CUSTOMER ACKNOWLEDGES THE INHERENT UNCERTAINTY IN WEATHER FORECASTING AND ACCEPTS THAT DTN MAKES NO GUARANTEE AS TO THE ACCURACY OR TIMING OF ANY WEATHER FORECAST. 6. CONFIDENTIAL INFORMATION 6.1 Confidentiality Obligations Both Parties may receive Confidential Information and must: - Use it only to perform obligations under this Agreement - Protect it with at least reasonable care - Return or destroy it upon termination 6.2 Exceptions Obligations don't apply to information that: - Was already known without restriction - Becomes publicly available through no breach - Is independently developed - Is approved for release in writing 7. PRIVACY; DATA OWNERSHIP 7.1 Personal Information DTN's processing of personally identifiable information is governed by the DTN Privacy Policy at dtn.com/privacy-policy. 7.2 Data Ownership DTN owns all Licensed Data. Customer retains ownership of Customer Data but grants DTN license to use Aggregated Data that doesn't identify Customer. 8. TERM AND TERMINATION 8.1 Term Unless otherwise specified, the Term is one (1) year and renews automatically unless either Party provides ninety (90) days notice of non-renewal. 8.2 Termination for Cause Either Party may terminate for material breach that remains uncured after thirty (30) days written notice. 8.3 Effects of Termination Upon termination: - All rights and licenses terminate - Each Party must return Confidential Information - Customer remains liable for unpaid amounts 9. INDEMNIFICATION 9.1 Customer Indemnification Customer shall indemnify DTN against claims arising from Customer's breach of this Agreement or violation of applicable law. 9.2 DTN Indemnification DTN shall indemnify Customer against third-party claims that the Services infringe valid intellectual property rights. 10. LIMITATION OF LIABILITY 10.1 Disclaimer of Damages NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOST DATA OR PROFITS. 10.2 Monetary Cap AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. 10.3 Exceptions Nothing limits liability for: - Fraud or gross negligence - Death or personal injury - Confidentiality breaches - Indemnification obligations 11. GENERAL 11.1 Choice of Law This Agreement is governed by the laws of Delaware, U.S.A. Exclusive jurisdiction in Delaware state and federal courts. 11.2 Force Majeure Performance delays due to causes beyond reasonable control are excused during the continuance of such cause. 11.3 Compliance with Law Each party agrees to comply with all applicable laws, including anti-bribery, anti-corruption, and sanctions laws. 11.4 Assignment Customer may not assign this Agreement without DTN's written permission. DTN may assign upon written notice. 11.5 Entire Agreement This Agreement and all Orders constitute the complete agreement and supersede all prior agreements. 11.6 Severability If any provision is invalid, the remaining provisions remain valid and enforceable. 11.7 Notices All legal notices must be in writing and sent to addresses specified in the Order. © 2025 DTN, all rights reserved. "DTN" and the degree symbol are trademarks of DTN. For questions about these Terms of Service, contact DTN at the address specified in your Order or visit www.dtn.com.