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11.2.3. access AirDNA APIs in order to replicate or compete with the Data Services;  <br />11.2.4. attempt to reverse engineer or otherwise derive source code, trade secrets, or <br />know-how of AirDNA APIs; or <br />11.2.5. attempt to use AirDNA APIs in a manner that constitutes excessive or abusive <br />usage. <br />11.3. In the event that your subscription includes access to our API and the creation of a <br />derivative product previously authorized in writing by AirDNA, and which is made <br />available externally, all such uses of our API must cite the source of the data with <br />“Powered by AirDNA” and include a hyperlink to AirDNA’s <br />homepage: https://www.airdna.co. In these specific cases, Customer also agrees to <br />adhere to the AirDNA usage guide available here: http://airdna.co/branding.   <br />12. Miscellaneous <br />12.1. Entire Understanding. The Agreement (including these Terms and all Order Forms, <br />and any other exhibits, and/or schedules, which are incorporated by reference) <br />constitutes the entire agreement between the Parties as to its subject matter, and <br />supersedes all prior and contemporaneous understandings, proposals, negotiations, and <br />representations and warranties, both written and oral, with respect to such subject <br />matter. In the event of any inconsistency between the aforemetioned documents, the <br />following order of precedence governs: (i) first, these Terms; (ii) second, the Order Form. <br />12.2. Relationship of Parties. The Parties are independent contractors and will have no <br />right to assume or create any obligation or responsibility on behalf of the other Party. <br />Neither Party shall hold itself out as an agent of the other Party. These Terms will not be <br />construed to create or imply any partnership, agency, joint venture or formal business <br />entity of any kind. <br />12.3. Notices. All notices, requests, consents, claims, demands, waivers, and other <br />communications hereunder (each, a "Notice") must be in writing and addressed to the <br />Parties at the addresses set forth in the Order Form (or to such other address that may <br />be designated by each Party from time to time in accordance with this Section). <br />12.4. Force Majeure. In no event shall either Party be liable to the other Party, or be <br />deemed to have breached these Terms, for any failure or delay in performing its <br />obligations hereunder, (except for any obligations to make payments), if and to the <br />extent such failure or delay is caused by any circumstances beyond a Party's reasonable <br />control, including, without limitation, the following force majeure events: (i) acts of God; <br />10/23/25, 1:37 PM Enterprise Terms of Service <br />https://www.airdna.co/legal/enterprise-terms-of-service 12/15 <br />Docusign Envelope ID: 071B8E12-6074-40C4-9776-8B9CE9408BBE