Beta Tester Non-Disclosure Agreement

1. Parties

This Non-Disclosure Agreement (“Agreement”) is entered into between Awareness Unlimited LLC (“Company”), the developer and owner of the Mis•Hit Ai mobile application and all related proprietary technology, data, and intellectual property; and the individual identified in the accompanying Beta Tester Registration Form (“Tester”). By submitting a registration form or accepting access to the beta application, Tester agrees to be bound by all terms of this Agreement.

2. Purpose

Company is providing Tester with access to a pre-release, confidential version of the Mis•Hit Ai mobile application (“Beta Software”) solely for the purpose of evaluation, functional testing, and the provision of feedback. This Agreement governs Tester’s access to and use of the Beta Software and all Confidential Information disclosed in connection with it.

3. Confidential Information

“Confidential Information” means all non-public information disclosed to Tester by Company in connection with this beta program, including but not limited to:

(a) The Beta Software in its entirety, including all source code, compiled code, algorithms, AI models, prompts, and underlying logic;

(b) Product features, functionality, design, user interface, and user experience, whether or not specifically marked as confidential;

(c) Business strategy, monetization architecture, pricing, distribution plans, and brand partner relationships;

(d) Performance data, analytics, calibration logic, caddie recommendation systems, and any proprietary golf data models;

(e) Any bugs, errors, crashes, or deficiencies identified during testing;

(f) The existence and scope of this beta program itself.

4. Tester Obligations

Tester agrees to:

(a) Maintain strict confidentiality of all Confidential Information and not disclose it to any third party without the prior written consent of Company;

(b) Use the Beta Software solely for the purpose of evaluation and testing as described herein, and not for any commercial purpose;

(c) Not copy, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Beta Software or any Confidential Information;

(d) Not publish, post, stream, screenshot, record, or otherwise publicly share any portion of the Beta Software, its interface, or its output, including on social media, review platforms, app stores, or any public forum;

(e) Not transfer, sublicense, sell, or otherwise make the Beta Software available to any third party;

(f) Promptly notify Company of any unauthorized access, disclosure, or use of Confidential Information of which Tester becomes aware.

5. Feedback & Ownership

Tester agrees to provide honest, good-faith feedback through the surveys and instruments provided by Company. Tester acknowledges and agrees that all feedback, suggestions, ideas, bug reports, and test data provided to Company (“Feedback”) shall become the sole and exclusive property of Company. Company may use, incorporate, modify, and commercialize Feedback without restriction, compensation, attribution, or further obligation to Tester. Tester irrevocably assigns all right, title, and interest in and to any Feedback to Company.

6. Beta Software — No Warranty

The Beta Software is provided “as is” without warranty of any kind, express or implied. Company expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Tester accepts all risks associated with use of pre-release software, including the risk of data loss, device instability, or inaccurate information.

7. Term, Termination & Post-Beta Access

This Agreement takes effect upon Tester’s acceptance and continues for the duration of the beta program. Company reserves the right to terminate Tester’s participation at any time, for any reason, with or without notice.

Upon conclusion of the beta period or upon termination of Tester’s participation, access to the Mis•Hit Ai application will be automatically revoked unless Tester has activated a paid subscription prior to or at the close of the beta period. Continued access to the application, in any form, is expressly contingent upon maintaining an active subscription in good standing. Company reserves the right to revoke access at any time for non-payment, lapsed subscription, or violation of this Agreement, without notice and without liability to Tester.

Company will provide Tester with reasonable advance notice of the beta period end date and the subscription options available for continued access. Failure to subscribe does not relieve Tester of any confidentiality obligations under this Agreement. Tester’s obligations under this Agreement survive termination and remain in full force and effect regardless of whether Tester elects to subscribe. Tester’s obligation to protect Confidential Information continues indefinitely until such information becomes publicly available through no fault of Tester.

8. Remedies & Enforcement

Tester acknowledges that any breach of this Agreement would cause Company irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, Company shall be entitled to seek injunctive relief, specific performance, and any other equitable remedy available without the requirement of posting bond or other security, in addition to all legal remedies available. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

9. General Provisions

Governing Law. This Agreement shall be governed by and construed in accordance with applicable law. Tester consents to exclusive jurisdiction in the courts where Company is domiciled for any dispute arising under this Agreement.

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, understandings, and agreements.

Severability. If any provision of this Agreement is found unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver. Failure by Company to enforce any provision of this Agreement shall not constitute a waiver of Company’s right to enforce that or any other provision in the future.

Amendment. This Agreement may not be modified except by a written instrument signed by an authorized representative of Company.

Electronic Acceptance. Tester’s submission of the Beta Tester Registration Form constitutes a legally binding electronic signature and acceptance of all terms of this Agreement.