End User Data Disclosure and Consent Agreement

Staydium Contracting LLC · Last updated July 2026

ARTICLE I DEFINITIONS

Section 1.1 Definitions

Capitalized terms not otherwise defined herein shall have the meanings set forth in Staydium’s then-current Privacy Policy, to the extent not inconsistent with this Agreement. Unless the context clearly requires otherwise, the following terms shall have the following meanings: “ Advertising Partner ” has the meaning set forth in the recitals. 1 “ Affiliate ” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with such Person. “ Agreement ” has the meaning set forth in the preamble. “ Artist ” means a musical artist, performer, or other content creator whose Artist Content is made available through the Portal. “ Artist Content ” has the meaning set forth in the recitals. “ Business Day ” means any day other than a Saturday, Sunday, or day on which commercial banks in [• insert state •] are authorized or required by Law to close. “ CCPA ” means the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and its implementing regulations. “ Company ,” “ Staydium ,” “ we ,” “ us ” or “ our ” has the meaning set forth in the preamble. “ Consent Checkbox ” has the meaning set forth in the recitals. “ Data Protection Law ” means any Law relating to data protection, data privacy, or electronic marketing to which Staydium or its Processing of Personal Information hereunder is subject, including the CCPA, the CAN-SPAM Act of 2003, the TCPA, the Children’s Online Privacy Protection Act of 1998 (“COPPA”), and other applicable U.S. federal and state privacy, data security, and telephone solicitation statutes. “ End User ,” “ User ,” “ you ” or “ your ” has the meaning set forth in the preamble. “ Effective Date ” means, with respect to each End User, the date and time such End User affirmatively checks the Consent Checkbox in accordance with

Section 2.2. “ Force Majeure Event ” has the meaning set forth in

Section 10.3(a) . “ Hotlink ” has the meaning set forth in the recitals. “ Indemnified Party ” has the meaning set forth in

Section 7.1 . “ Indemnifying Party ” has the meaning set forth in

Section 7.1 . “ Law ” means any federal, state, local, or foreign statute, law, ordinance, regulation, rule, code, order, judgment, decree, or other binding requirement of any governmental authority. “ Losses ” means all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers. “ Minor ” means an individual under the age of eighteen (18) years, or such greater age as is specified by applicable Data Protection Law. “ MRR Contract ” has the meaning set forth in the recitals. 2 “ Opt-Out ” means a choice given to or exercised by an individual to decline, reject or refuse the collection or other Processing of his or her Personal Information. “ Opt-Out Preference Signal ” means a signal sent by a platform, technology, or mechanism on behalf of an End User communicating the End User’s choice to opt out of the sale or sharing of Personal Information, including the Global Privacy Control. “ Parties ” has the meaning set forth in the preamble. “ Party ” has the meaning set forth in the preamble. “ Person ” means any individual, corporation, partnership, limited liability company, trust, governmental authority, or other entity. “ Personal Information ” means any information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular End User or device, including [• insert the specific categories collected via the Portal — e.g., name, email address, mobile telephone number, date of birth, device identifiers, and approximate or precise geolocation •], and any information defined as “personal data,” “personal information,” “personally identifiable information,” or a similar term under applicable Data Protection Law, including the CCPA. For the avoidance of doubt, Personal Information does not include information that has been aggregated or de-identified such that it can no longer reasonably be linked to a particular End User or device. “ Personnel ” means, with respect to Staydium, its employees, officers, agents, independent contractors, and consultants. “ Portal ” has the meaning set forth in the recitals. “ Privacy Policy ” means Staydium’s then-current privacy policy, as may be updated from time to time and made available via the Hotlink or otherwise on the Portal. “ Process ” (including the usage of “ Processes ,” “ Processed ” and “ Processing ”) means any operation or set of operations which is performed upon any information, including Personal Information, whether or not by automatic means, including any collection, Sharing or other transfer, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure, transmission, dissemination, combination, blocking, erasure or destruction thereof. “ QR Code ” has the meaning set forth in the recitals. “ Retention Period ” has the meaning set forth in

Section 5.3(a) . “ Security Controls ” means any controls that are used to regulate access to, or prevent the alteration, loss or destruction of, any Personal Information. “ Security Incident ” means any unauthorized, unlawful, or accidental access, loss, destruction, or acquisition of, or damage to, Personal Information. “ Sensitive Personal Information ” means Personal Information that constitutes “sensitive personal information,” “sensitive data,” or a similar category under applicable Data Protection Law, including precise geolocation, and any Personal Information of a Minor. 3 “ Share ” (including the usage of “ Shares ,” “ Shared ” and “ Sharing ”) means the access to or sharing of information, including Personal Information, by electronic or other means. For the avoidance of doubt, “Share” is used in this Agreement in this general sense and does not modify the statutory meaning of “share” or “sharing” under the CCPA; where this Agreement addresses the sale or sharing of Personal Information for cross-context behavioral advertising, it does so expressly. “ Taxes ” means all federal, state, local, and foreign taxes, assessments, levies, duties, and similar governmental charges, together with any interest, penalties, or additions thereto. “ TCPA ” means the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, together with the implementing regulations of the Federal Communications Commission and any state statute of similar effect. “ Term ” has the meaning set forth in

Section 9.1 . “ Third-Party Recipient ” means an Advertising Partner, Artist, service provider, or other third party with whom Staydium shares Personal Information in accordance with Article III. “ Venue ” has the meaning set forth in the recitals.

ARTICLE II SCOPE; ACCEPTANCE AND CONSENT

Section 2.1 Scope

(a) This Agreement governs Staydium’s collection, use, and disclosure of Personal Information submitted by an End User through the Portal, and the terms on which an End User may access Artist Content and interact with Advertising Partner MRR Contract offerings. This Agreement supplements, and does not replace, Staydium’s Privacy Policy; in the event of a conflict between the Privacy Policy and this Agreement with respect to the Processing of Personal Information, the terms of this Agreement shall prevail. (b) Notwithstanding anything to the contrary herein, to the extent any Data Protection Law imposes obligations on Staydium that are stricter than those set forth in this Agreement, Staydium shall comply with such stricter obligations. (c) For the avoidance of doubt, this Agreement shall not apply with respect to: (i) Personal Information collected by a Venue, Artist, or Advertising Partner independently of the Portal and not through the Consent Flow; or (ii) any separate agreement entered into directly between an End User and an Advertising Partner or Artist. (d) Reservation of Rights . Staydium retains ownership of the Portal, the Artist Content, and all related intellectual property. This Agreement is not intended to, and shall not, transfer, assign, or license any right, title, or interest in the Portal, the Artist Content, or related intellectual property to the End User, except that, subject to the End User’s compliance with this Agreement, Staydium grants the End User a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and view the Artist Content through the Portal for the End User’s own personal, non-commercial purposes. The End User shall not (i) record, download, copy, screen-capture, republish, distribute, publicly perform, or create derivative works of any Artist Content, (ii) circumvent any access control, 4 geofence, or technical protection measure applicable to the Portal or the Artist Content, (iii) reproduce, decode, or redirect any QR Code, or (iv) access the Portal by automated means.

Section 2.2 Consent Flow; Affirmative Acceptance

(a) The Portal is accessible to an End User only after the End User (i) scans or photographs the QR Code displayed at a Venue, (ii) is directed to the Portal, (iii) is presented with this Agreement and Staydium’s notice at collection via the Hotlink, (iv) affirmatively indicates acceptance of this Agreement by checking the Consent Checkbox, and (v) thereafter enters the Personal Information requested by the Portal. Checking the Consent Checkbox constitutes the End User’s electronic signature and legally binding acceptance of this Agreement and shall be treated as an original signature for all purposes. (b) The End User acknowledges that (i) the End User’s acceptance of this Agreement is a condition to accessing the Portal and any Artist Content, (ii) the End User will not be able to proceed past the Consent Flow unless and until the Consent Checkbox is affirmatively checked, and (iii) the Personal Information the End User submits through the Portal will not be collected, used, or shared prior to such affirmative acceptance, other than (A) information strictly necessary to deliver the Consent Flow itself and (B) as described in

Section 3.6 with respect to strictly necessary cookies and similar technologies

(c) Staydium shall only share Personal Information collected hereunder with a Third-Party Recipient (including an Artist, Advertising Partner, contractor, vendor, or other service provider) that has agreed in writing to confidentiality, use, and other restrictions at least as protective of the End User as those set forth in this Agreement. Staydium shall use commercially reasonable efforts to enforce such written restrictions and, subject to Article VIII, shall remain responsible for the acts and omissions of any Third-Party Recipient acting as its service provider or processor with respect to Personal Information shared hereunder. Staydium is not responsible for the independent Processing of Personal Information by an Advertising Partner or Artist acting as a third party for its own purposes, which is governed by such party’s own privacy notice.

ARTICLE III PERSONAL INFORMATION, PRIVACY AND SECURITY

Section 3.1 Privacy and Data Protection

(a) Staydium is the “business” (as defined under the CCPA), and the equivalent responsible party under other applicable Data Protection Law, with respect to the Processing of Personal Information collected through the Portal. (b) Staydium shall comply with (i) all Data Protection Law applicable to its collection, use, and sharing of Personal Information under this Agreement, including the CCPA, the CAN-SPAM Act, the TCPA and COPPA, and other applicable federal and state privacy statutes, and (ii) shall implement and maintain reasonable, industry-standard technical and organizational safeguards designed to protect Personal Information. Staydium shall maintain a Privacy Policy that describes its data practices consistent with its obligations under this Agreement and applicable Data Protection Law. (c) Staydium shall notify affected End Users and applicable regulators of any Security Incident that materially impacts the safeguarding of Personal Information, to the extent and within the timeframes required by applicable Data Protection Law. 5

Section 3.2 Permitted Uses and Sharing of Personal Information

Staydium shall use and share Personal Information collected through the Portal solely as follows: (a) to provide the End User with access to the Portal and the Artist Content requested by the End User; (b) to administer and fulfill Staydium’s MRR Contracts with Advertising Partners, including [• identify specific Advertising Partners or categories of Advertising Partners •], by sharing Personal Information with such Advertising Partners for advertising and promotional purposes; (c) to send the End User marketing or promotional communications regarding Artist Content or Advertising Partner offerings, subject to the End User’s separate consent to, and right to opt out of, such communications as described in Article IV, and in compliance with the CAN-SPAM Act, the TCPA, and other applicable Data Protection Law; (d) to comply with applicable Law, respond to legal process, or protect the rights, property, or safety of Staydium, its Personnel, End Users, or the public; or (e) for any other purpose disclosed to the End User at or before the point of collection and to which the End User has consented. Staydium shall not sell or share Personal Information for cross-context behavioral advertising except (i) as disclosed in this Agreement and in Staydium’s notice at collection, (ii) subject to the End User’s right to opt out under

Section 5.2, and (iii) in no event with respect to an End User whom Staydium knows to be a Minor, except as permitted by

Section 3.8. Staydium shall honor any Opt-Out Preference Signal it receives, including the Global Privacy Control, as a valid Privacy Request under

Section 5.2(a)(iv).

Section 3.3 Use of Security Controls

(a) Staydium shall maintain a written information security program that includes appropriate and commercially reasonable technical and organizational Security Controls designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, consistent with applicable Data Protection Law. (b) In the event of a Security Incident that materially impacts the safeguarding of Personal Information, Staydium shall notify affected End Users and any applicable regulator without undue delay and in accordance with applicable Data Protection Law, and shall take commercially reasonable steps to investigate, remediate, and mitigate the effects of such Security Incident. To the extent such Security Incident arises out of Staydium’s breach of this Agreement, Staydium will be responsible for any Losses arising from such Security Incident. (c) Staydium shall hold Personal Information in confidence and require its Personnel and Third-Party Recipients who are provided access to Personal Information to protect such Personal Information in accordance with the requirements of this Agreement. (d) Staydium shall limit access to Personal Information to those Personnel and Third-Party Recipients who have a legitimate business need to access such Personal Information, and shall implement appropriate technical and physical access controls to limit such access. (e) Staydium shall provide Personnel who are provided access to Personal Information with appropriate training regarding information security and privacy. 6 (f) Staydium shall comply with any Security Controls required under applicable Data Protection Law.

Section 3.4 Notification and Implementation of Opt-Outs

Staydium will honor any Opt-Out submitted by an End User in accordance with

Section 5.2 and any request to unsubscribe from marketing communications in accordance with Article IV, in each case subject to applicable Data Protection Law. Staydium’s response to any subpoena, order, or other legal process compelling production of Personal Information is governed by

Section 4.3. Staydium will process all such requests in accordance with applicable Data Protection Law and, where required, confirm completion of the request to the End User.

Section 3.5 Retention and Destruction of Personal Information

Staydium retains Personal Information only for as long as necessary for the purposes described in this Article III, and in accordance with the retention periods set forth in

Section 5.3.

Section 3.6 Cookies and Tracking Technologies

(a) The Portal may use cookies, pixels, device identifiers, and other tracking technologies to recognize the End User’s device, remember the End User’s preferences, and measure engagement with Artist Content and Advertising Partner promotions. (b) Staydium and its Third-Party Recipients may use such tracking technologies to deliver targeted advertising on behalf of Advertising Partners; provided that Staydium shall not deploy any cookie, pixel, device identifier, or similar technology that is not strictly necessary to deliver the Portal until the End User has checked the Consent Checkbox, and shall not deploy any such technology for targeted advertising with respect to an End User whom Staydium knows to be a Minor. The foregoing is subject to the End User’s rights under

Section 5.2, any Opt-Out Preference Signal, and applicable Data Protection Law. (c) The End User may manage cookie preferences through the End User’s browser or device settings, though disabling certain tracking technologies may limit functionality of the Portal. (d) Staydium shall not use tracking technologies to collect Personal Information for any purpose other than those disclosed in this Agreement and the Privacy Policy.

Section 3.7 Regulatory Cooperation

Staydium shall cooperate with any regulatory investigation arising out of or related to this Agreement or its Processing of Personal Information and shall use commercially reasonable efforts to comply with any resulting requirements under applicable Data Protection Law.

Section 3.8 Minors

(a) The Portal is not directed to, and Staydium does not knowingly collect Personal Information from, any individual under the age of thirteen (13). The Consent Flow shall include an age-verification step, and Staydium shall not permit an individual under the age of thirteen (13) to submit Personal Information through the Portal. (b) Staydium shall not sell or share, or use for targeted advertising, the Personal Information of an End User who is at least thirteen (13) and less than sixteen (16) years of age unless such End User has affirmatively authorized such sale or sharing, and shall not sell or share the Personal Information of an End User under the age of thirteen (13) absent the verifiable consent of such End User’s parent or guardian, in each case in accordance with the CCPA, COPPA, and other applicable Data Protection Law. 7 (c) Staydium shall not send, and shall not permit any Advertising Partner or Artist to send, any marketing or promotional communication under Article IV to an End User whom Staydium knows to be a Minor. (d) If Staydium learns that it has collected Personal Information from an individual under the age of thirteen (13) without the requisite verifiable parental consent, Staydium shall delete such Personal Information promptly and shall provide notice to the parent or guardian to the extent required by applicable Data Protection Law.

ARTICLE IV COMMUNICATIONS AND MARKETING COMPLIANCE

Section 4.1 Marketing Communications

If the End User provides an email address through the Portal, Staydium and its Advertising Partners may send the End User commercial electronic mail messages regarding Artist Content, promotions, or MRR Contract offerings. Text messages, autodialed or prerecorded calls, and other communications to a mobile telephone number are governed exclusively by

Section 4.2. All such messages will (a) accurately identify the sender and each party on whose behalf the message is sent, (b) include a clear and conspicuous mechanism to opt out of future messages, (c) not be sent to an End User whom Staydium knows to be a Minor, and (d) otherwise comply with the CAN-SPAM Act of 2003, the TCPA, and other applicable Data Protection Law. Staydium will honor an End User’s opt-out request within the timeframe required by applicable Law.

Section 4.2 Text Message Marketing; TCPA Consent

(a) Staydium shall not send, and shall not permit any Advertising Partner or Artist to send, any text message, autodialed call, or artificial or prerecorded voice message to an End User’s mobile telephone number for marketing purposes unless Staydium has first obtained the End User’s prior express written consent to such communications in accordance with the TCPA (the “SMS Consent”). (b) The SMS Consent shall be obtained through a checkbox that is separate from the Consent Checkbox, that is not pre-checked, and that is not a condition of accessing the Portal or the Artist Content. Immediately adjacent to such checkbox, the Consent Flow shall clearly and conspicuously disclose (i) that the End User consents to receive marketing text messages, including messages sent using an automatic telephone dialing system, (ii) the identity of each seller on whose behalf such messages will be sent, (iii) that consent is not a condition of any purchase or of access to the Portal or the Artist Content, (iv) the expected message frequency, and (v) that message and data rates may apply, together with instructions to reply STOP to unsubscribe and HELP for assistance. (c) Staydium shall retain, for not less than five (5) years, a record of each SMS Consent, including the date and time, the IP address, the exact text of the disclosure and checkbox presented, and the version of this Agreement then in effect. (d) Staydium shall honor any revocation of the SMS Consent, made by any reasonable means and in any reasonable manner, no later than the earlier of ten (10) Business Days after receipt and the period required by applicable Law, and shall send no further marketing message to such End User thereafter. (e) Staydium shall maintain and query an internal do-not-call and do-not-text list, shall not send marketing text messages outside the hours permitted by applicable Law, and shall comply with any 8 state statute governing telephone solicitation or text messaging that imposes requirements stricter than the TCPA.

Section 4.3 Compelled Disclosure

If Staydium becomes legally compelled to disclose an End User’s Personal Information, Staydium shall, to the extent permitted by Law, provide the End User with notice of such requirement, unless such notice is prohibited by applicable Law, and shall disclose no more Personal Information than is legally required. Staydium shall not produce Personal Information in response to any subpoena, order, or other process that is facially defective or that Staydium reasonably determines to be invalid, and shall seek an appropriate protective order or confidential treatment where reasonably available.

Section 4.4 Unauthorized Access

Staydium shall notify affected End Users if it becomes aware of any unauthorized access to or disclosure of Personal Information, in accordance with applicable Data Protection Law, and will take commercially reasonable steps to mitigate any resulting harm.

ARTICLE V YOUR PRIVACY RIGHTS AND DATA RETENTION

Section 5.1 Data Retention Principles

(a) Staydium shall retain Personal Information collected hereunder in accordance with a data retention policy that provides that: (i) Personal Information is retained only for so long as necessary to fulfill the purposes described in Article III or as required by applicable Law; (ii) Personal Information is securely stored and access is limited as described in

Section 3.3; (iii) Personal Information necessary to respond to a legal or regulatory request, or to defend a claim, is retained for so long as reasonably necessary for such purpose; and (iv) Personal Information that is no longer necessary for the purposes for which it was collected is deleted or de-identified in the ordinary course, consistent with Schedule 5.3.

Section 5.2 Your Rights Under Applicable Privacy Law

(a) Subject to applicable Data Protection Law, an End User may submit a request to Staydium to (i) know the categories and specific pieces of Personal Information collected, (ii) delete Personal Information, (iii) correct inaccurate Personal Information, or (iv) opt out of the sale or sharing of Personal Information for cross-context behavioral advertising (each, a “ Privacy Request ”). (b) Staydium shall respond to a verifiable Privacy Request within the timeframe required by applicable Data Protection Law, and, if the request cannot be completed, will inform the End User of the reasons therefor. (c) An End User may submit a Privacy Request (i) using the contact information set forth on Schedule 5.4, (ii) by using the “Do Not Sell or Share My Personal Information” link, which Staydium shall display conspicuously on the Portal and on Staydium’s website, (iii) by transmitting an Opt-Out Preference Signal, or (iv) by such other method as Staydium designates in its notice at collection. Because Staydium interacts with End Users offline at Venues, Staydium shall also make available a method of submitting Privacy Requests that does not require use of the Portal. 9

Section 5.3 Retention Schedule

(a) Staydium shall retain the categories of Personal Information set forth on Schedule 5.3 for the retention periods specified therein (such period, the “ Retention Period ”), or such longer period as required by applicable Law or as reasonably necessary to investigate, prosecute, or defend a pending or threatened legal or regulatory action. (b) Staydium shall not retain Personal Information for longer than is reasonably necessary and proportionate to each purpose disclosed to the End User, and shall review the Retention Periods set forth on Schedule 5.3 not less than annually. (c) Upon expiration of the applicable Retention Period, Staydium shall delete or de-identify the applicable Personal Information in accordance with its data retention policies, unless a longer retention period is required by applicable Law.

Section 5.4 Privacy Contact

Staydium has designated the individual set forth on Schedule 5.4 as its privacy contact (the “ Privacy Contact ”) to receive Privacy Requests and other privacy-related inquiries from End Users. Staydium may update its Privacy Contact from time to time by posting updated contact information on the Portal or in its Privacy Policy.

Section 5.5 No Discrimination

Staydium shall not discriminate against an End User for exercising any right under this Article V, including by denying access to the Portal or the Artist Content, charging a different price, or providing a different level or quality of Artist Content, except to the extent any such difference is reasonably related to the value provided to Staydium by the End User’s Personal Information and is offered in accordance with a notice of financial incentive that complies with applicable Data Protection Law.

ARTICLE VI NO FEE; ADVERTISING AND MRR CONTRACTS

Section 6.1 Advertising Support

(a) Access to the Portal and Artist Content is provided to the End User at no charge. Staydium funds the Portal, in part, through MRR Contracts with Advertising Partners, including [• identify specific Advertising Partners or categories of Advertising Partners •], pursuant to which Staydium may share Personal Information with such Advertising Partners as described in Article III. (b) The End User acknowledges that access to Artist Content may be conditioned on the display of, or the End User’s interaction with, advertising content provided by Advertising Partners. (c) Staydium is solely responsible for any Taxes owed by Staydium in connection with its MRR Contracts, and this Agreement does not impose any payment obligation on the End User.

ARTICLE VII INDEMNIFICATION; INJUNCTIVE RELIEF

Section 7.1 Indemnification

The End User (in such capacity, the “Indemnifying Party”) shall indemnify, defend, and hold harmless Staydium, its Affiliates, and their respective Personnel (each, an “Indemnified Party”) from and against any and all Losses actually incurred by an Indemnified Party 10 arising out of a third-party claim resulting from (a) the End User’s material breach of this Agreement, (b) the End User’s misuse of the Portal or the Artist Content, or (c) the End User’s violation of applicable Law, except to the extent such Losses result from Staydium’s negligence, gross negligence, or intentional misconduct, or from Staydium’s breach of this Agreement or of applicable Data Protection Law. Nothing in this Article VII requires the End User to indemnify any Indemnified Party against any Loss arising out of the Processing of Personal Information by Staydium or any Third-Party Recipient.

Section 7.2 Indemnification Procedures

In seeking indemnification hereunder with respect to any third-party claim that is covered by the indemnification obligations in

Section 7.1 (“ Covered Action ”), an Indemnified Party shall promptly notify the Indemnifying Party in writing of any such Covered Action and cooperate with the Indemnifying Party, at the Indemnifying Party’s sole cost and expense. The Indemnifying Party may assume the defense and investigation of such Covered Action with counsel reasonably acceptable to the Indemnified Party, and if the Indemnifying Party does not do so within thirty (30) days after receipt of notice, the Indemnified Party may defend the Covered Action at the Indemnifying Party’s reasonable cost and expense, employing counsel of its choice to handle and defend the same, at the Indemnifying Party’s sole cost and expense. The Indemnifying Party shall not settle any Covered Action in a manner that adversely affects the rights of an Indemnified Party without such Indemnified Party’s prior written consent, which shall not be unreasonably withheld or delayed. An Indemnified Party’s failure to perform any obligations under this

Section 7.2 shall not relieve the Indemnifying Party of its obligations under this

Section 7.2 , except to the extent that the Indemnifying Party can demonstrate that it has been materially prejudiced as a result of such failure. The applicable Indemnified Party may participate in and observe the proceedings at its own cost and expense. Subject to

Section 8.1 , the rights and remedies of Staydium under this Agreement (including pursuant to

Section 7.1 ) are cumulative and are not exclusive of any rights or remedies Staydium would otherwise have hereunder or at law or in equity for any breach of this Agreement by the End User.

Section 7.3 Injunctive Relief

The End User acknowledges that any actual or threatened breach of this Agreement, including any unauthorized use of the Portal, the Artist Content, or QR Codes, may cause irreparable harm to Staydium for which monetary damages would be an inadequate remedy. Accordingly, Staydium shall be entitled to seek injunctive or other equitable relief, in addition to any other rights and remedies available at law or in equity, without the necessity of posting a bond.

ARTICLE VIII DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Section 8.1 Disclaimer of Warranties

STAYDIUM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PORTAL AND ANY ARTIST CONTENT MADE AVAILABLE THEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, UNINTERRUPTED ACCESS, AND NON-INFRINGEMENT. THE PORTAL AND THE ARTIST CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Section 8.2 Limitation of Liability

EXCEPT AS SET FORTH EXPRESSLY IN SECTION 3.3(b) , STAYDIUM AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER TO THE END USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING LOSS OF DATA, LOSS OF USE, OR LOST PROFITS OR REVENUES), WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, OR OTHERWISE, ARISING IN ANY MANNER OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PORTAL, OR THE ARTIST CONTENT, AND WHETHER OR NOT STAYDIUM HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE 11 ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STAYDIUM’S AGGREGATE LIABILITY TO THE END USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED [• INSERT LIABILITY CAP •]. NOTWITHSTANDING THE FOREGOING, THE EXCLUSIONS AND CAP IN THIS SECTION 8.2 SHALL NOT APPLY TO (A) STAYDIUM’S OBLIGATIONS UNDER SECTION 3.3(b), (B) LIABILITY ARISING FROM STAYDIUM’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR (C) ANY LIABILITY THAT MAY NOT BE LIMITED, EXCLUDED, OR WAIVED UNDER APPLICABLE LAW, INCLUDING ANY STATUTORY DAMAGES OR OTHER REMEDY AVAILABLE TO THE END USER UNDER THE CCPA OR THE TCPA. THE LIMITATIONS IN THIS SECTION 8.2 ARE AN ESSENTIAL BASIS OF THE BARGAIN AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

ARTICLE IX TERM AND TERMINATION

Section 9.1 Term of Agreement

This Agreement becomes effective as to each End User on the Effective Date and remains in effect until the earlier of (a) the End User’s withdrawal of consent in accordance with

Section 9.2 or (b) Staydium’s discontinuation of the Portal (the “ Term ”).

Section 9.2 Withdrawal of Consent; Termination

An End User may withdraw consent to this Agreement at any time, by any reasonable means, including by discontinuing use of the Portal, by submitting a Privacy Request in accordance with

Section 5.2, or by replying STOP to any marketing text message; provided that withdrawal of consent will not affect the lawfulness of any Processing of Personal Information conducted prior to such withdrawal, and will prevent the End User from further accessing the Portal or the Artist Content. Staydium may suspend or terminate an End User’s access to the Portal at any time, with or without notice, for any breach of this Agreement.

Section 9.3 Survival

The expiration or termination of this Agreement, or the withdrawal of an End User’s consent, shall not affect Sections 2.1(d), 3.5, 5.1, 5.3, 8.1, 8.2 or this

Section 9.3, or Article VII or Article X, each of which shall survive in accordance with its terms. Staydium’s obligations with respect to Personal Information that it continues to retain shall survive for so long as Staydium retains such Personal Information.

ARTICLE X MISCELLANEOUS

Section 10.1 Interpretation

(a) For purposes of this Agreement, (i) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. (c) Any capitalized term used in any Schedule but not otherwise defined therein will have the meaning given to such term in this Agreement. 12 (d) When a reference is made to an Article, Section, Exhibit or Schedule, such reference shall be to an Article, Section or Schedule of this Agreement unless otherwise indicated. (e) Unless the context requires otherwise, words using the singular or plural number also include the plural or singular number, respectively, the use of any gender herein shall be deemed to include the other genders and references to a Person are also to its permitted successors and assigns. (f) References to “Dollars” or “$” are to U.S. dollars. (g) References to “U.S.” are to the United States of America, including its territories and possessions. (h) References to any Law shall be deemed to refer to such Law as amended from time to time and to any rules or regulations promulgated thereunder. (i) Any reference to “days” means calendar days unless Business Days are expressly specified. (j) When calculating the period of time before which, within which or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded. If the last day of such period is a non-Business Day, the period in question shall end on the next succeeding Business Day.

Section 10.2 Entire Agreement; Amendments

This Agreement, together with Staydium’s Privacy Policy, constitutes the entire agreement between the End User and Staydium with respect to the collection, use, and disclosure of Personal Information through the Portal, and supersedes all prior or contemporaneous understandings regarding such subject matter. Staydium may amend this Agreement from time to time by posting an updated version accessible via the Hotlink. An amendment shall be effective as to an End User only upon such End User’s affirmative acceptance of the amended Agreement through the Consent Flow at the next session in which the End User accesses the Portal, and shall not apply retroactively to Personal Information collected before such acceptance. Staydium shall retain a copy of each version of this Agreement, and a record identifying the version accepted by each End User together with the date, time, and IP address of such acceptance, for not less than five (5) years.

Section 10.3 Force Majeure; Change in Applicable Law

(a) Staydium shall not be liable or responsible to the End User, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any provision of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected Party’s reasonable control, including: (i) acts of God; (ii) flood, fire or explosion; (iii) war, invasion, riot or other civil unrest; (iv) actions, embargoes or blockades in effect on or after the Effective Date; (v) national or regional emergency; or (vi) epidemic or pandemic (each of the foregoing, a “ Force Majeure Event ”). A Party whose performance is affected by a Force Majeure Event shall give notice to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event. Notwithstanding the foregoing, no Force Majeure Event shall excuse Staydium from any obligation under Article III or Article V, or from any obligation under applicable Data Protection Law. (b) If the performance of this Agreement or any portion hereof would violate any Data Protection Law, Staydium shall have the right to suspend the Processing of Personal Information to the 13 extent necessary to comply with applicable Law, and shall provide notice of such suspension to the extent reasonably practicable. (c) If any Processing of Personal Information hereunder is subject to any Law that requires a change in the terms of this Agreement, Staydium will use reasonable efforts to promptly amend this Agreement or otherwise comply with such Law.

Section 10.4 Notices

All notices to Staydium under this Agreement shall be in writing and delivered by hand, courier, overnight delivery service, certified or registered mail (return receipt requested, postage prepaid), or email, to the address set forth below (or such other address as Staydium specifies in accordance with this

Section 10.4 ). Staydium may provide notices to an End User by posting on the Portal, by email to the address the End User provided, or by other reasonable means. To Staydium Contracting LLC: [•] [•] [•] Attention: [•] Email: [•] with a copy (which shall not constitute notice) to: [•] [•] [•] Attention: [•] Email: [•] [•] [•] [•] Attention: [•] Email: [•]

Section 10.5 Third-Party Beneficiaries

Except as provided in Article VII relating to Indemnified Parties, this Agreement is solely for the benefit of, and is only enforceable by, the Parties and their permitted successors and assigns and should not be deemed to confer upon third parties any remedy, benefit, claim, liability, reimbursement, cause of Action or other right of any nature whatsoever, including any rights of employment for any specified period, in excess of those existing without reference to this Agreement.

Section 10.6 Governing Law

This Agreement and any dispute arising out of, in connection with, or relating to this Agreement shall be governed by and construed in accordance with the Laws of the State of [• confirm Wyoming or Delaware •], without giving effect to the conflicts of laws principles thereof; provided that nothing in this

Section 10.6 shall be construed to deprive an End User of the protections of any Data Protection Law of the state in which such End User resides. Subject to

Section 10.9, the state and federal courts located in [• insert county and state •] shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and each Party consents to the personal jurisdiction of, and waives any objection to venue in, such courts. 14

Section 10.7 No Joint Venture or Partnership

The relationship between Staydium and the End User is not that of partners, joint venturers, or agents. Nothing in this Agreement shall be construed as creating any partnership, joint venture, agency, employment, or fiduciary relationship between Staydium and the End User.

Section 10.8 Assignment

Staydium may assign this Agreement, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without the End User’s consent. The End User may not assign this Agreement or any rights or obligations hereunder without Staydium’s prior written consent. In connection with any assignment by Staydium, or any bankruptcy, receivership, or sale of assets, Staydium shall transfer Personal Information only to a transferee that agrees in writing to Process such Personal Information in a manner materially consistent with this Agreement and the notice at collection under which it was collected, or shall obtain the End User’s consent to any materially different use. This Agreement shall be binding upon and inure to the benefit of Staydium and the End User and their respective permitted successors and assigns.

Section 10.9 Dispute Resolution

[• Confirm whether Staydium wishes to include binding individual arbitration and a class action waiver. If so, insert the agreed provision here, together with a jury trial waiver, a small-claims carve-out, an opt-out window, and provisions allocating arbitration fees, and surface the provision conspicuously in the Consent Flow. •]

Section 10.10 Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.

Section 10.11 No Waiver

No failure or delay by Staydium in exercising any right under this Agreement shall operate as a waiver of such right, and no single or partial exercise of any right shall preclude any further exercise of that or any other right.

Section 10.12 Consent to Electronic Records

The End User consents to receive this Agreement, Staydium’s notice at collection, the Privacy Policy, and all other notices and disclosures relating to the Portal in electronic form, and agrees that such electronic delivery satisfies any requirement that such records be provided in writing. The End User may withdraw this consent, and may request a paper copy of any such record, using the contact information set forth on Schedule 5.4. [Remainder of page intentionally left blank] 15 IN WITNESS WHEREOF , this Agreement is deemed accepted and binding upon the End User’s affirmative acceptance via the Consent Checkbox, and Staydium has caused this Agreement to be made available to End Users as of the date first set forth above. Staydium Contracting LLC By: /s/ [•] Name: [•] Title: [•] End User (via Consent Checkbox) Method: Affirmative check of the Consent Checkbox following review of this Agreement via the Hotlink Date/Time: [Recorded automatically as of the Effective Date] IP Address: [Recorded automatically] 16 SCHEDULE 5.3 Data Retention Schedule Category of Personal Information Retention Period Description Personal Information Collected via the Portal: [***] [***] [***] Personal Information Shared with Advertising Partners/Artists: [***] [***] [***] 17 SCHEDULE 5.4 Privacy Contact Information I. Staydium Privacy Contact Name: [•] Title: [•] Email Address: [•] Telephone Number: [•] II. Legal/Compliance Contact Name: [•] Title: [•] Email Address: [•] Telephone Number: [•] 18