Premium Data Use Addendum

By subscribing to Premium, completing the checkout acknowledgment, or accessing Company Data under a Premium entitlement, you agree to this Addendum. If you subscribe or acknowledge on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity and the people accessing Premium for it.

Internal use is limited to the organization identified on the Premium account. Affiliates, parents, subsidiaries, portfolio companies, customers, limited partners, and other group companies are third parties unless they are named on the account or licensed in a separate written agreement signed by the Company.

The Company encourages Premium subscribers to use Company Data to price their own products. You may use Company Data as an input to set, adjust, quote, and publish your own commercial prices for GPU compute, cloud capacity, tokens, memory, power, or related services. That is an intended use of Premium, including when you compete with other suppliers.

You may tell customers, counterparties, and the public that your prices are based on or reference Ornn data, provided you follow the attribution rules in this Addendum. You may use Company Data in your own operations, procurement, capacity planning, risk management, research, and internal reporting.

Permitted dynamic pricing is use of Company Data as an input to your prices and operations. It is not a license to publish, resell, or re-expose Company Data as a feed, index, benchmark, oracle, or data product, and it is not permission to present Company Data as your original research or as independent price discovery.

In addition to dynamic pricing, you may:

• use Company Data for internal research, monitoring, reporting, and decision-making within the named organization;
• use Company Data for your own trading, hedging, procurement, and capacity planning;
• cite publicly published headline prints of an Ornn index, including prints published by the Company or by an authorized venue such as ICE, with the attribution required by this Addendum;
• share Company Data with consultants, auditors, or counsel who are under written confidentiality obligations and who use it solely to advise you; and
• retain Company Data to the extent required by applicable law, and disclose that retention to the Company in writing where legally permitted.

Headline values that the Company or an authorized venue such as ICE publishes as a public print of an Ornn index may be used, displayed, and referenced subject to attribution and to any rules of that venue. That carve-out does not grant rights in Premium history, hourly series, the live forward curve, unpublished index families, API responses, MCP outputs, downloadable files, or any other non-public Company Data.

Except as this Addendum or a separate written agreement signed by the Company expressly allows, you may not, and may not permit any third party to:

• publish, republish, distribute, redistribute, resell, syndicate, sublicense, stream, or otherwise make Company Data available to anyone outside the named organization, in whole, in part, or in reconstructed form, including through a website, application, API, feed, database, dashboard, report, dump, screenshot series, or data room;
• create, calculate, validate, calibrate, benchmark, publish, or make available any index, benchmark, reference rate, price assessment, oracle, net asset value, or settlement product that uses Company Data as an input or as a check;
• use Company Data to build, train, improve, operate, or offer a competing or substitute market-data, analytics, benchmark, index, pricing-feed, or financial-information product;
• embed Company Data in a product, report, model, or service delivered to your customers or other third parties, except for stating your own prices as permitted in Section 2;
• use Company Data in listed derivatives, structured products, tokens, or similar instruments without a separate written index or redistribution license signed by the Company;
• share credentials, provision platform access beyond your Premium entitlement, scrape or harvest around grain or history limits, or otherwise circumvent what Premium then includes;
• remove, alter, obscure, or misrepresent any attribution, proprietary notice, watermark, disclaimer, or source identifier, or present Company Data as your original work;
• use Company Data, residuals, or API or MCP metadata to recover unpublished methodology, contributors, weights, or calculation machinery for the purpose of standing up a substitute; or
• use Company Data to spoof, manipulate, or misrepresent a market, or to claim independent price discovery where the series is Company Data underneath.

Transforming, aggregating, smoothing, rebasing, or combining Company Data with other data does not create a right to do any of the foregoing. Derived data is still Company Data for purposes of this Addendum.

Premium grants access only to the Company Data, history, grain, APIs, connectors, and tools included in your then-current Premium entitlement. Availability of data through the Services, payment of the Premium fee, caching, or course of dealing is not consent to redistribute, republish, or license Company Data.

Premium does not include Full-tier history or grain, dataset exports, the neocloud map and site records, organization-wide seats, a redistribution license, or an index license.

When you display or reference Company Data, or when you state that your prices are based on or reference Ornn, you must identify Ornn as the source in a form no less prominent than other data sources you name. You may not present Company Data as your original research, as your own index, or as independent price discovery.

Licensed products under a separate written agreement use the index name and attribution specified in that agreement. This Addendum does not replace that agreement.

Non-public Company Data, including hourly history, the live forward curve, unpublished series, API responses, and MCP outputs, is the Company's confidential information. You will take reasonable measures to prevent unauthorized access, copying, and disclosure.

Public prints described in Section 4 are not confidential by virtue of this Addendum. Your obligation of confidentiality survives cancellation or termination of Premium.

You are responsible for credentials issued to you and for all activity under them. Sharing credentials, or providing Premium access to anyone outside the named organization, is a breach of this Addendum. Additional seats and organization-level access are a Full-tier matter.

If the Company reasonably believes you have breached this Addendum, it may immediately suspend or terminate Premium and related access, without refund, and may refuse future access, including by adding you or your organization to an internal exclusion list.

Upon request, or upon termination of Premium, you must promptly stop using Company Data, delete or return all Company Data in your possession or control except as required by law and disclosed to the Company in writing, and certify deletion or return in writing within five (5) business days if the Company asks.

Where the Company reasonably suspects redistribution, unauthorized sharing, or creation of a prohibited index or derived data product, it may audit your use of Company Data on reasonable written notice. You will cooperate in good faith.

You acknowledge that unauthorized redistribution or creation of a competing index, benchmark, oracle, or derived data product may cause irreparable harm for which monetary damages may be inadequate. The Company may seek injunctive or other equitable relief for any actual or threatened breach, without posting bond, in addition to any other rights or remedies.

In addition to other remedies, you agree that the Company may recover: (a) any revenue you earned from the unauthorized use; (b) the then-current commercial license fees that would have applied to that use; and (c) reasonable attorneys' fees and costs.

You will defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and licensors from third-party claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your unauthorized use, redistribution, or commercialization of Company Data, or your violation of this Addendum.

Sections that by their nature should survive will survive cancellation or termination of Premium, including restrictions, attribution, confidentiality, deletion, audit, remedies, and indemnification.

The Terms of Use, Privacy Policy, and Risk Disclosure Statement remain in effect. Governing law, venue, and dispute terms in the Terms apply to this Addendum.

Questions about this Addendum, or requests for a redistribution or index license, should be sent to legal@ornn.com.