Effective Date: March 11, 2026

1.  Company Information & Scope

These Terms and Conditions ("Terms") govern access to and use of the website located at www.ampifypower.com and any related digital services (collectively, the "Service") operated by Ampify Power LLC ("Ampify," "Company," "we," "our," or "us"), a limited liability company organized under the laws of the State of Wyoming

These Terms apply solely to use of the Service. They do not constitute or replace any purchase agreement, sales contract, or product warranty. All hardware product transactions — including sale, delivery, installation, and warranty obligations — are governed exclusively by separately executed commercial agreements between Ampify and its customers.

Ampify acts as the U.S. development and distribution partner for Ampowr B.V., a company headquartered in the Netherlands. References to Ampify products or systems reflect this distribution relationship. Ampowr B.V. is the manufacturer of the underlying hardware, and certain product warranties and technical representations originate with Ampowr B.V. and are passed through in accordance with applicable purchase agreements.

2.  Eligibility & Commercial Use

The Service is intended for commercial use by businesses, developers, project sponsors, consultants, and other commercial entities engaged in or evaluating battery energy storage projects. The Service is not directed at individual consumers.

By accessing or using the Service, you represent and warrant that:

•       You are at least 18 years of age or the legal age of majority in your jurisdiction;

•       If you are accessing the Service on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms; and

•       Your use of the Service complies with all applicable laws and regulations in your jurisdiction.

If you do not agree to these Terms, or if you do not have authority to bind your organization, you must not access or use the Service.

3.  Permitted & Prohibited Use

The Service may only be used for lawful, legitimate commercial purposes consistent with the nature of Ampify's business. Users agree not to:

•       Use the Service in any manner that violates applicable local, state, federal, or international law or regulation;

•       Attempt to gain unauthorized access to any portion of the Service, its servers, or any systems connected to the Service;

•       Transmit any malware, viruses, or other harmful or disruptive code;

•       Engage in scraping, data mining, or automated data collection without Ampify's prior written consent;

•       Use the Service to transmit unsolicited commercial communications;

•       Impersonate Ampify, its partners, or any third party; or

•       Interfere with or disrupt the integrity or performance of the Service.

Ampify reserves the right to investigate and take appropriate legal action against any user who, in Ampify's sole discretion, violates these provisions.

4.  Intellectual Property

All content, design elements, software, trademarks, trade names, logos, product names (including AmpiTower, AmpiFarm, AmpiHome, and Cosmos EMS), and other intellectual property made available through the Service are the property of Ampify, Ampowr B.V., or their respective licensors, and are protected by applicable U.S. and international intellectual property laws.

Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for the purpose of evaluating Ampify's products and services for potential commercial engagement. This license does not include the right to:

•       Copy, reproduce, modify, or create derivative works based on any Service content;

•       Distribute, publicly display, or perform any Service content;

•       Use any Ampify or Ampowr trademarks, logos, or product names without prior written authorization; or

•       Reverse engineer or attempt to extract any source code from any software component of the Service.

Any use beyond the scope of this license requires Ampify's prior written consent.

5.  User Accounts

Certain features or sections of the Service may require creation of a user account. If you create an account, you are responsible for:

•       Maintaining the confidentiality of your account credentials;

•       All activity that occurs under your account, whether or not authorized by you; and

•       Notifying Ampify promptly at [email protected] of any unauthorized use of your account.

Ampify reserves the right to suspend or terminate any account at its discretion, including without limitation in cases of suspected unauthorized activity, breach of these Terms, or activity that may harm the Service or other users.

6.  Third-Party Services & Links

The Service may contain links to third-party websites or integrate third-party tools and services (including financing partners, project management tools, and related platforms). These third-party services are provided for convenience only.

Ampify has no control over, and is not responsible for, the content, privacy policies, terms, or practices of any third-party services. Access to third-party services is at the user's own risk and subject to the applicable third party's own terms. The inclusion of a link or integration does not imply Ampify's endorsement of the linked service.

7.  Product Information & No Reliance

Information on the Service regarding Ampify's products, systems, and services — including technical specifications, pricing indications, lead times, incentive eligibility, and application descriptions — is provided for general informational purposes only. Such information:

•       Is subject to change without notice;

•       Does not constitute a binding offer, quotation, or commitment;

•       May not reflect the most current product specifications, which are governed by applicable data sheets and purchase documentation; and

•       Should not be relied upon as the sole basis for procurement, investment, or engineering decisions.

Users are encouraged to contact Ampify directly for project-specific information, formal sizing proposals, and commercial terms. Product warranties, if any, are governed solely by the applicable executed purchase agreement and are not created, modified, or extended by any information on the Service.

8.  Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMPIFY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION:

•       WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

•       WARRANTIES OF NON-INFRINGEMENT;

•       WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE; AND

•       WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

THIS DISCLAIMER APPLIES TO THE SERVICE ONLY. PRODUCT WARRANTIES, IF ANY, ARE SET FORTH EXCLUSIVELY IN THE APPLICABLE SIGNED PURCHASE AGREEMENT BETWEEN AMPIFY AND THE PURCHASING ENTITY.

9.  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPIFY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR:

•       ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

•       LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES; OR

•       DAMAGES ARISING FROM RELIANCE ON INFORMATION AVAILABLE THROUGH THE SERVICE.

IN NO EVENT SHALL AMPIFY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS PAID BY THE USER TO AMPIFY FOR ACCESS TO THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY — WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE — AND EVEN IF AMPIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

For liability arising from the purchase, delivery, or performance of Ampify hardware products, the applicable limitations are set forth exclusively in the relevant executed purchase agreement.

10.  Indemnification

You agree to indemnify, defend, and hold harmless Ampify, its affiliates, officers, directors, employees, agents, licensors, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

•       Your use of the Service in violation of these Terms;

•       Your violation of any applicable law or third-party right; or

•       Any misrepresentation made by you in connection with your use of the Service.

Ampify reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Ampify's defense of such claim.

11.  Termination

Ampify reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if Ampify reasonably believes you have violated these Terms or engaged in activity that may harm the Service, other users, or Ampify's business interests.

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law — shall survive.

12.  Dispute Resolution

Ampify encourages users to contact Ampify directly in the first instance to resolve any concerns informally. Most concerns can be resolved quickly and without formal proceedings.

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be submitted to non-binding mediation before a mutually agreed-upon mediator in Wyoming, as a precondition to further proceedings.

If mediation does not resolve the dispute within sixty (60) days of the request for mediation, either party may pursue its available legal remedies. The parties agree to the exclusive jurisdiction of the state and federal courts located in Wyoming for resolution of any such dispute.

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

13.  Export Compliance

The Service and related technical information may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR). Users agree not to export, re-export, or transfer, directly or indirectly, any technical information obtained through the Service in violation of applicable U.S. export laws and regulations.

By using the Service, you represent that you are not located in, or acting on behalf of any person or entity in, any country subject to U.S. embargo or trade sanctions, and that you are not named on any U.S. government restricted party list.

14.  Privacy

Ampify's collection and use of personal information in connection with the Service is governed by Ampify's Privacy Statement, which is incorporated into these Terms by reference and available at www.ampifypower.com/privacy. By using the Service, you consent to Ampify's data practices as described in the Privacy Statement.

The Service may be subject to applicable U.S. state privacy laws, including the California Consumer Privacy Act (CCPA) where applicable. Please refer to the Privacy Statement for details on your rights and how to exercise them.

15.  Changes to These Terms

Ampify reserves the right to modify or update these Terms at any time. When changes are made, Ampify will update the "Last Revised" date at the top of this page. For material changes, Ampify will use reasonable efforts to provide notice (such as a prominent notice on the Service or by email if an account is held).

Continued use of the Service after any changes are posted constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.

16.  General Provisions

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with the Privacy Statement and any separately executed purchase agreements or commercial terms, constitute the entire agreement between you and Ampify with respect to the subject matter herein and supersede all prior or contemporaneous understandings, representations, or agreements, whether written or oral, regarding the Service.

Waiver

Ampify's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Ampify to be effective.

No Agency

Nothing in these Terms creates or implies any partnership, joint venture, employment, franchise, or agency relationship between Ampify and any user.

Force Majeure

Ampify shall not be liable for any delay or failure in performance of the Service to the extent such delay or failure is caused by circumstances beyond Ampify's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government action, cyberattacks, or disruptions to internet or telecommunications infrastructure.

Assignment

You may not assign or transfer any rights or obligations under these Terms without Ampify's prior written consent. Ampify may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets, upon notice to you.

17.  Contact Information

Questions regarding these Terms, product inquiries, or commercial discussions may be directed to:

Ampify Power LLC

Email: [email protected]

Website: www.ampifypower.com