Luminary Cloud Regulated Data Addendum

Last Updated: March 5, 2024

This Luminary Cloud Regulated Data Addendum (including any annexes attached hereto, this “RDA”) forms part of and is subject to the Luminary Cloud Terms of Service or the written agreement, as applicable (the “Agreement”) between the legal entity defined as ‘Customer’ thereunder  (“Customer”) and Luminary Cloud, Inc. (“Provider”), under which Provider will provide certain services (collectively, the “Services”) to Customer.

1. Definitions

“Trade Controls” means all applicable laws and regulations pertaining to export control, imports, and trade and economic sanctions, including those of the United States and other applicable jurisdictions.

“Disallowed Regulated Data” means any data and/or information that is: (i) described on the United States Munitions List; (ii) described on the U.S. Commerce Control List under an Export Control Classification Number controlled for reasons other than Anti-Terrorism only; (iii) regulated by HIPAA, PCI, GDPR, or any other regulations or data privacy laws. Notwithstanding the foregoing, Disallowed Regulated Data does not include data controlled under the U.S. International Traffic in Arms Regulations when processed in the ITAR Edition of the Service.

2. Restrictions and Obligations. Customer agrees to comply with all applicable Trade Controls. Without limiting the foregoing, Customer represents and warrants that: (1)(i) it is not listed on any U.S. or other applicable government list of prohibited or restricted persons ; (ii) it is not 50% or more owned, individually or in the aggregate, or controlled by one or more persons with whom dealings are prohibited under Trade Controls; and (iii) it is not located in a country or territory that is the subject of a comprehensive Trade Controls embargo (each an “Embargoed Country”); (2) it will not (and will not permit any third parties to) access or use the Service in violation of applicable Trade Controls; and (3) it will not submit to the Service any Disallowed Regulated Data. Luminary will not transfer or release Customer data in violation of Trade Controls, including to persons that are the target of Trade Controls prohibitions or restrictions or are located in an Embargoed Country.