End User License Agreement

Blackwing Systems is licensed to You (End-User) by Blackwing Systems LLC, located at 2342 S 5600 W, West Valley City, UT 84120, United States ("Licensor"), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Blackwing Systems LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Blackwing Systems acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Blackwing Systems, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Blackwing Systems is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").

1. The Application

Blackwing Systems ("Licensed Application") is a cloud-based construction management platform designed to deliver tools that streamline project management, enhance collaboration, and reduce operational costs for builders, contractors, and trades — enabling real-time access from any device without the need for on-premise installation or maintenance.

The Licensed Application is customized for iOS, Android, and web-based devices ("Devices") and serves the following core purposes:

• Streamline Operations: Automates workflows and eliminates data silos across estimating, scheduling, accounting, and materials tracking for efficiency.
• Enable Real-Time Collaboration: Supports shared access, real-time editing, and communication among teams, subcontractors, and clients regardless of location or device.
• Cut Costs and Scale Flexibly: Subscription model avoids upfront hardware/license fees, offers predictable pricing, and adjusts to project volumes — ideal for variable workloads.
• Boost Accessibility and Security: Internet-based access from any device; the provider manages updates, backups, and compliance.

Core use cases include:

• Project coordination: real-time scheduling, crew dispatch, and progress tracking
• Financial and procurement: bid proposals, cost estimates, inventory management, and automated purchase orders
• Collaboration: shared editing, file sharing, instant messaging, and integrations with BIM, CRM, and accounting tools
• Compliance and reporting: safety tracking, regulatory inspections, analytics on costs/progress, and mobile on-site access

2. Scope of License

2.1 — You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 — This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 — You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Blackwing Systems' prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 — You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Blackwing Systems' prior written consent).

2.5 — You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 — Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 — Licensor reserves the right to modify the terms and conditions of licensing.

2.8 — Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. Technical Requirements

3.1 — Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 — You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.3 — Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Maintenance and Support

4.1 — The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 — Blackwing Systems LLC and the End-User acknowledge that the Services (App Store and Play Store) have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. Use of Data

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's Privacy Policy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, and that this information may be used to facilitate the provision of software updates, product support, and other services to the End-User related to the Licensed Application.

6. User-Generated Contributions

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials ("Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications.

As such, any Contributions you transmit may be treated in accordance with the Licensed Application's Privacy Policy. When you create or make available any Contributions, you represent and warrant that:

• Your Contributions do not infringe the proprietary rights of any third party
• You are the creator and owner of or have the necessary licenses and rights to use your Contributions
• Your Contributions are not obscene, lewd, violent, harassing, libelous, or otherwise objectionable
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation

7. Contribution License

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

8. Liability

8.1 — Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Licensor's liability shall be limited to the typical and foreseeable damages, except in cases of intent.

8.2 — Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

9. Warranty

9.1 — Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 — No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless of whether by Yourself or by third parties, or if there are any other reasons outside of Blackwing Systems' sphere of influence that affect the executability of the Licensed Application.

9.3 — You are required to inspect the Licensed Application immediately after installing it and notify Blackwing Systems about issues discovered without delay by email provided in the Contact Information section. The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.

9.4 — If we confirm that the Licensed Application is defective, Blackwing Systems reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 — In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your purchase price for the Licensed Application will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 — If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. Product Claims

Blackwing Systems LLC and the End-User acknowledge that Blackwing Systems LLC, and not the Services (App Store or Play Store), is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:

• Product liability claims
• Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection, privacy, or similar legislation

11. Legal Compliance

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. Industry Compliance Disclaimers

The Licensed Application provides tools for construction management. You acknowledge and agree that:

• OSHA Recordkeeping: The Licensed Application's safety incident tracking, toolbox talks, and inspection features are tools to assist with your safety management. They are not a substitute for official OSHA filings or compliance with 29 CFR 1904. You are solely responsible for maintaining compliance with all applicable workplace safety regulations.
• Lien Law Compliance: Lien waiver documents generated by the Licensed Application are provided as templates and convenience tools. Mechanics lien laws vary by state and jurisdiction. You should consult with qualified legal counsel to ensure all lien-related documents comply with your local requirements.
• Contractor Licensing: The Licensed Application does not provide legal, licensing, or regulatory advice. You are solely responsible for maintaining all required contractor licenses, permits, insurance, and bonds in your jurisdiction.
• Building Codes & Permits: Estimates, project plans, and other outputs generated by the Licensed Application do not constitute professional engineering, architectural, or building code compliance advice.
• Financial & Tax: The Licensed Application's invoicing, expense tracking, and financial reporting features are management tools and do not constitute accounting, tax, or financial advice.
• AI Features: AI-powered features (estimate generation, blueprint analysis, project planning, receipt parsing) are provided "as-is" and may produce inaccurate or incomplete results. You are solely responsible for verifying all AI-generated outputs before relying on them for business decisions.

13. Contact Information

For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact:

• Blackwing Systems LLC
• 2342 S 5600 W
• West Valley City, UT 84120
• United States
• Phone: (385) 254-2532
• Email: support@blackwingsystems.com

14. Termination

The license is valid until terminated by Blackwing Systems LLC or by You. Your rights under this license will terminate automatically and without notice from Blackwing Systems LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

Upon termination, You may export Your data within 30 days by contacting us. After the 30-day period, Your data will be deleted or anonymized in accordance with our Privacy Policy.

15. Third-Party Terms of Agreements and Beneficiary

Blackwing Systems LLC represents and warrants that Blackwing Systems LLC will comply with applicable third-party terms of agreement when using the Licensed Application.

In accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

16. Intellectual Property Rights

Blackwing Systems LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Blackwing Systems LLC, and not the Services (App Store or Play Store), will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

17. Applicable Law

This License Agreement is governed by the laws of the State of Utah, United States, excluding its conflicts of law rules.

18. Miscellaneous

• Entire Agreement: This License Agreement, together with the Terms and Conditions, Privacy Policy, and Cookie Policy, constitutes the entire agreement between You and Blackwing Systems LLC relating to the Licensed Application.
• Severability: If any of the terms of this agreement are determined to be invalid or unenforceable, the remaining terms shall remain in full force and effect.
• Waiver: No failure to exercise, and no delay in exercising, any right or remedy under this agreement shall operate as a waiver thereof.
• Assignment: Blackwing Systems LLC is allowed to transfer its rights under this agreement to a third party. You may not assign or transfer your rights under this license without Blackwing Systems LLC's prior written consent.
• Force Majeure: Neither party shall be liable for failures or delays resulting from events beyond reasonable control, including natural disasters, pandemics, internet outages, cyberattacks, or government actions.