TERMS OF SERVICE

By accessing or using the OrbitExSpace GmbH ("OrbitExSpace", "we", "us", or "our") website, services, platforms, or data products, you ("Customer", "you", or "your") agree to be bound by these Terms of Service. If you do not agree, you must not use our services. These Terms apply to all visitors, users, customers, and any other persons who access or use our services, including but not limited to launch services, satellite hosting, Earth observation data products, and the client portal.

OrbitExSpace provides the following categories of services: • Launch Services — dedicated and rideshare payload deployment to Low Earth Orbit (LEO), Sun-Synchronous Orbit (SSO), Medium Earth Orbit (MEO), and Geostationary Transfer Orbit (GTO). • Satellite as a Service — hosted payload capacity on our modular satellite bus platforms, including spacecraft operations, power, communications, and ground segment services. • Space Data Solutions — Earth observation data products derived from our optical and synthetic aperture radar (SAR) satellite constellation, including imagery, analytics, and derived data feeds. • Client Portal — secure access to mission planning tools, telemetry dashboards, data archives, and account management.

Our services are available to commercial entities, government agencies, academic institutions, and other organizations that meet applicable export control and regulatory requirements. By entering into a service agreement with OrbitExSpace, you represent that: • You have the legal authority to bind your organization to these Terms. • Your use of our services complies with all applicable laws, including export control regulations (EU Dual-Use Regulation, US EAR/ITAR where applicable). • You are not located in, or acting on behalf of an entity located in, a jurisdiction subject to comprehensive sanctions.

Individual service engagements (launch campaigns, hosted payload missions, data subscriptions) are governed by separate service agreements that incorporate these Terms by reference. In the event of a conflict between these Terms and a specific service agreement, the service agreement shall prevail. All service agreements require mutual execution before work commences. Indicative pricing provided through our website, payload calculator, or preliminary discussions is non-binding and subject to formal mission review.

Payment terms are specified in individual service agreements. Unless otherwise agreed: • Invoices are due within 30 days of issuance. • All amounts are denominated in EUR unless specified otherwise. • Late payments accrue interest at 9 percentage points above the ECB base rate per annum, in accordance with § 288 BGB (German Civil Code). • OrbitExSpace reserves the right to suspend services in the event of payment default exceeding 60 days.

All intellectual property rights in OrbitExSpace's launch vehicles, satellite platforms, ground systems, software, data processing algorithms, and website content remain the exclusive property of OrbitExSpace. Customers retain all intellectual property rights in their payloads, instruments, and mission-specific data. Earth observation data products are licensed, not sold, under the terms specified in the applicable data license agreement. You may not reproduce, distribute, modify, or create derivative works from OrbitExSpace proprietary materials without prior written consent.

To the maximum extent permitted by applicable law: • OrbitExSpace's total liability under any service agreement shall not exceed the fees paid by the Customer for the specific service giving rise to the claim. • OrbitExSpace shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of revenue, loss of data, or business interruption, regardless of the cause of action. • Launch services are subject to inherent risks. While OrbitExSpace maintains industry-leading reliability, we do not guarantee mission success. Launch failure liability is governed by the applicable service agreement and insurance arrangements. • Force majeure events — including but not limited to acts of government, war, natural disasters, pandemics, and launch range closures — shall excuse performance for the duration of the event.

OrbitExSpace warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Except as expressly stated in a service agreement, all services and data products are provided "AS IS" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Website content, including the payload calculator and launch manifest, is provided for informational purposes only and does not constitute a binding offer or guarantee of availability.

The collection and processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using our services, you acknowledge that you have read and understood our Privacy Policy. For service agreements involving the processing of personal data on behalf of a Customer, a separate Data Processing Agreement (DPA) will be executed in accordance with Article 28 GDPR.

Both parties agree to maintain the confidentiality of all non-public information exchanged in connection with service agreements, including but not limited to mission specifications, payload characteristics, pricing, and technical documentation. Confidentiality obligations survive termination of the service agreement for a period of five (5) years, unless the information becomes publicly available through no fault of the receiving party.

OrbitExSpace services may be subject to export control regulations, including the EU Dual-Use Regulation (EC) No 428/2009, German Foreign Trade and Payments Act (AWG), and where applicable, US Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customers are responsible for obtaining all necessary export licenses and authorizations for their payloads and data. OrbitExSpace reserves the right to decline service if compliance cannot be verified.

Either party may terminate a service agreement for material breach if the breach remains uncured 30 days after written notice. OrbitExSpace may terminate or suspend access to the website and client portal at any time for violation of these Terms, with or without notice. Upon termination, all licenses granted hereunder cease, and the Customer must discontinue use of all OrbitExSpace proprietary materials and data products.

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Munich, Germany. For commercial disputes exceeding €500,000, the parties agree to first attempt resolution through mediation under the rules of the German Institution of Arbitration (DIS) before initiating court proceedings.

OrbitExSpace reserves the right to modify these Terms at any time. Material changes will be communicated via the website and, for active customers, by email at least 30 days before the effective date. Continued use of our services after the effective date of any modification constitutes acceptance of the revised Terms.

For questions regarding these Terms of Service: OrbitExSpace GmbH Legal Department Munich, Germany Email: [email protected]