VIJILENT, INC. — TERMS OF SERVICE

Version 2.0 · Effective 9/4/2026

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1. Introduction and Acceptance

These Terms of Service (the "Terms") are a binding agreement between Vijilent, Inc., a North Carolina corporation with offices at 12 Folly Point Road, Gloucester, Massachusetts 01930 ("Vijilent," "we," "our," or "us"), and the individual or entity accessing the Services ("Customer," "you," or "your").

These Terms govern your access to and use of the Vijilent web application, the vijilent.com website, and all research services, reports, and content Vijilent provides (collectively, the "Services").

By creating an account, clicking to accept these Terms, signing a Quotation that references these Terms, or otherwise accessing or using the Services, you agree to be bound by these Terms and by the Vijilent Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services.

If you are accepting these Terms on behalf of a firm, company, or other organization, you represent that you have the authority to bind that organization, and "Customer" refers to that organization.

Vijilent is not a consumer reporting agency and does not provide private investigator services. Section 6 sets out important limitations on how you may use the Services. Sections 15 and 16 limit our liability to you.

2. Definitions

"Account" means a Customer account established with Vijilent that permits access to the Application.

"Application" means the Vijilent web application through which Customers submit research requests, conduct searches, and receive Reports.

"Authorized User" means an individual to whom Customer grants access to the Account, including attorneys, jury consultants, paralegals, and staff of Customer.

"Case" means a discrete research engagement, identified by a Quotation, relating to a single legal matter.

"Case Data" means all data associated with a Case, including Customer Materials, Research Materials, Reports, and any derived or generated content.

"Content" means all text, data, images, graphics, audio, video, software, and other material made available through the Services, including material sourced from Third-Party Providers.

"Customer Materials" means information Customer submits to Vijilent, including the names and identifying information of Research Subjects and any criteria, instructions, or case background Customer provides.

"Quotation" means a written proposal issued by Vijilent for a specific Case, setting out scope, deliverables, and fees, which becomes effective upon Customer's signature.

"Report" means a research product prepared and delivered by Vijilent for a Case, including any assessment, rating, or analysis Vijilent generates.

"Research Materials" means information about a Research Subject that Vijilent collects, aggregates, or captures from public and third-party sources.

"Research Subject" means an individual who is the subject of research conducted through the Services.

"Third-Party Provider" means any website, database, service, or other source from which Vijilent obtains information.

3. Eligibility and Accounts

3.1 Eligibility

To access the Services you must be at least 18 years of age, reside in and be located in the United States or one of its territories, and be capable of entering into a binding contract. The Services are available only to attorneys, law firms, jury consultants, and others engaged in litigation, jury selection, or trial preparation.

3.2 Account Registration and Authorized Users

Vijilent establishes Accounts for Customers. Customer may permit Authorized Users to access the Account. Customer is responsible for all activity under its Account, including the acts and omissions of its Authorized Users, and for ensuring that each Authorized User complies with these Terms.

3.3 Individual Acceptance

Each Authorized User must individually accept these Terms before accessing the Services. Acceptance by one Authorized User does not constitute acceptance by any other.

3.4 Credentials and Access Control

Customer will keep account credentials confidential, will not share credentials among individuals, and will notify Vijilent promptly at support@vijilent.com if it believes any credential has been compromised. Customer will promptly notify Vijilent when an Authorized User's access should be terminated, including when an individual leaves Customer's employment.

3.5 Contact Information

Customer will keep its Account contact information current, including at least one administrative contact who is not case-specific. Notices Vijilent sends under these Terms — including retention and deletion notices under Section 11 — are effective when sent to the contact information on file.

4. The Services

4.1 Two Service Models

Vijilent provides the Services in two forms, which may be combined within a single Case:

(a) Self-service research. Customer submits identifying information for a Research Subject through the Application and receives aggregated results drawn from public and third-party sources.

(b) Vijilent-performed research. Vijilent personnel perform the research, including subject identification, data entry, source review, verification, analysis, and preparation of a Report. Reports may include assessments or ratings generated by Vijilent, which may be produced with the assistance of automated or artificial intelligence tools operating on criteria Customer supplies.

4.2 Quotations

Each Case is governed by a Quotation. A Quotation becomes binding when signed by Customer. In the event of a conflict between a signed Quotation and these Terms, the Quotation controls as to scope, deliverables, and fees for that Case; these Terms control in all other respects.

4.3 Scope of Sources

Vijilent draws on publicly available and lawfully accessible sources. Vijilent does not access private accounts, does not use deception or pretext to obtain information, and does not communicate with Research Subjects.

5. Accuracy and Professional Judgment

Vijilent exercises reasonable professional care in performing research and preparing Reports. Vijilent does not, however, warrant that any Report or search result is complete, accurate, current, or free from error.

Information about individuals is drawn from sources Vijilent does not control and cannot verify. Individuals share names with one another. Public records contain errors. Social media accounts may be misattributed, abandoned, satirical, operated by someone other than the named individual, or maintained under a pseudonym. Automated assessments and ratings reflect the criteria supplied and the material available, and are aids to judgment rather than conclusions.

Reports are provided to inform Customer's professional judgment and are not a substitute for it. Customer is solely responsible for evaluating the Services' output, for independently verifying any information on which Customer intends to rely, and for all decisions Customer makes, including decisions in jury selection. Customer will not treat any assessment or rating as a determination about any individual.

6. Permitted Use and FCRA Restrictions

6.1 Not a Consumer Reporting Agency

Vijilent is not a "consumer reporting agency" as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), and Research Materials and Reports are not "consumer reports" as defined by the FCRA. The consumer protections afforded by the FCRA do not apply. Vijilent makes no representation or warranty as to the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of any person.

6.2 Permitted Purpose

Customer represents and agrees that it will use Research Materials and Reports solely in connection with litigation, jury selection, or trial preparation in a matter in which Customer or Customer's firm serves as counsel or as a retained consultant.

6.3 Prohibited Purposes

Customer will not use, and will not permit any other person to use, Research Materials or Reports, in whole or in part, as a factor in establishing any individual's eligibility for:

(a) credit or insurance; (b) employment, including hiring, promotion, reassignment, retention, or the engagement of household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers; (c) housing or tenancy, including whether to lease residential or commercial space; (d) educational admission or benefits, including qualification for an educational program or scholarship; (e) a government license or benefit; (f) a business transaction initiated by an individual consumer, including whether an individual continues to meet the terms of a personal account;

or for any other purpose that would cause the information to qualify as a consumer report under the FCRA.

Using information obtained from Vijilent for these purposes violates both these Terms and federal law. Vijilent reserves the right to suspend or terminate access and to report violations to law enforcement. If you are uncertain whether an intended use complies with this Section, contact support@vijilent.com before using the Services.

6.4 Driver's Privacy Protection Act

Customer represents that its use of any information derived from motor vehicle records is for a purpose permitted under 18 U.S.C. § 2721(b), specifically use in connection with a civil, criminal, administrative, or arbitral proceeding, including investigation in anticipation of litigation, and that Customer will not use or redisclose such information for any other purpose.

6.5 No Contact with Research Subjects

Customer will not contact, attempt to contact, or communicate with any Research Subject, and will not take any action reasonably likely to cause a Research Subject to become aware that they have been researched, including actions that generate an automated notification from a third-party platform.

6.6 Professional Responsibility

Customer is solely responsible for confirming that its use of the Services complies with the rules of the court, any applicable order, and the rules of professional conduct governing Customer and the matter. Vijilent does not provide legal advice and does not advise on the permissibility of juror research in any jurisdiction.

6.7 Restrictions on Redistribution

Customer will not resell, republish, or redistribute Research Materials or Reports, except to co-counsel, retained consultants, the court, or others as required in the matter for which they were prepared. Customer will ensure that any recipient is bound by restrictions at least as protective as those in this Section 6.

7. Prohibited Conduct

In addition to Section 6, Customer will not:

(a) use the Services in violation of any applicable law, regulation, court order, or rule of professional conduct;

(b) use the Services to harass, stalk, threaten, intimidate, discriminate against, or cause emotional or physical harm to any person;

(c) request research on, or seek information about, any individual Customer knows or believes to be under 18 years of age;

(d) request research on any individual residing outside the United States or its territories;

(e) submit Customer Materials that Customer is not authorized to provide, or request research Customer is not authorized to request;

(f) use the Services to produce or distribute libelous, obscene, or indecent material, or to infringe the intellectual property, publicity, or privacy rights of any third party;

(g) access the Services by automated means, including scraping, crawling, or bulk extraction, or attempt to circumvent any access control, rate limit, or security measure;

(h) reverse engineer, decompile, or attempt to derive the source code or underlying methods of the Application;

(i) simulate the appearance or function of the Application on another website, including through framing or mirroring.

8. Ownership

8.1 Reports

As between the parties, and upon payment in full for the applicable Case, Customer owns the Reports delivered to it. Vijilent assigns to Customer all right, title, and interest it may hold in the Reports as delivered.

The parties acknowledge that Vijilent performs research at the direction of Customer, which may be counsel, in anticipation of or in connection with litigation. Nothing in these Terms is intended to waive or impair any privilege or protection that may attach to the Reports or to communications between the parties.

8.2 Vijilent Property

Vijilent retains all right, title, and interest in the Application, its software, databases, methods, models, templates, and all improvements to them, and in any aggregated or de-identified data derived from operation of the Services that does not identify Customer, any Research Subject, or any matter. Nothing in Section 8.1 transfers any interest in the foregoing.

8.3 License to the Application

Subject to these Terms, Vijilent grants Customer a non-exclusive, non-transferable, revocable, limited license to access and use the Application for its internal business purposes. Vijilent may terminate this license in accordance with Section 14.

9. Confidentiality

9.1 Vijilent's Obligations

Vijilent will treat Customer Materials and Reports as confidential. Vijilent will use them solely to perform the Services and to meet its obligations under these Terms, will not disclose them to any third party except to its personnel and subcontractors who need access to perform the Services and who are bound by confidentiality obligations, and will protect them using at least the degree of care it applies to its own confidential information and no less than reasonable care.

9.2 Exceptions

Section 9.1 does not apply to information that is or becomes publicly available without breach of these Terms, was known to Vijilent without restriction before disclosure, or is independently developed by Vijilent without use of Customer Materials.

9.3 Compelled Disclosure

If Vijilent is required by law, subpoena, or court order to disclose Customer Materials or a Report, Vijilent will, to the extent legally permitted, give Customer prompt written notice and reasonable cooperation so that Customer may seek a protective order or other relief.

9.4 Survival

Vijilent's obligations under this Section survive termination and continue for so long as Vijilent retains the information.

10. Data Security

Vijilent maintains a written information security program with administrative, technical, and physical safeguards designed to protect Customer Materials, Research Materials, and Reports against unauthorized access, use, disclosure, alteration, and destruction, appropriate to the sensitivity of the information and consistent with applicable law, including 201 CMR 17.00.

If Vijilent becomes aware of a security incident resulting in unauthorized acquisition of or access to Customer Materials or Reports, Vijilent will notify Customer without unreasonable delay, will provide the information reasonably available to it about the nature and scope of the incident, and will cooperate with Customer's reasonable requests for information. Nothing in this Section limits either party's obligations under applicable breach notification law.

11. Data Retention and Deletion

11.1 Retention Period

Vijilent retains Case Data for twelve (12) months following the date of last activity on a Case. "Last activity" means the later of delivery of the final Report for the Case or the most recent access to the Case in the Application by Customer. At the end of that period, Vijilent will permanently delete all Case Data for that Case.

Vijilent does not retain court-generated juror lists beyond the time required to transcribe their contents into the Application. Vijilent does not reuse information about a Research Subject across Cases.

11.2 Notice Before Deletion

Vijilent will give Customer advance written notice before deleting Case Data, sent to the Case owner and to Customer's administrative contact. Notice will be sent approximately thirty (30) days and again approximately seven (7) days before the scheduled deletion date.

11.3 Export

Customer may download and retain its Case Data at any time through the Application. Customer is responsible for exporting any Case Data it wishes to keep before the deletion date.

Case Data that Customer exports is thereafter within Customer's sole custody and control. Customer is solely responsible for its security, retention, and lawful handling, and Vijilent has no further obligation with respect to it.

11.4 Extension

Customer may request an extension of the retention period for a Case by written request to support@vijilent.com before the scheduled deletion date. Extensions are granted at Vijilent's discretion, are recorded, and are for a defined additional period.

11.5 Early Deletion

Customer may request deletion of Case Data at any time before the end of the retention period. Vijilent will comply within 30 days of the request.

11.6 Legal Hold

Vijilent will suspend deletion of Case Data where it is subject to a subpoena, preservation demand, litigation hold, or other legal obligation to preserve, for so long as that obligation continues.

11.7 Backups

Deletion under this Section extends to Vijilent's backup systems. Because backups operate on a rolling cycle, Case Data may persist in backup media for up to 35 days after deletion from active systems. During that period the data remains subject to Section 10 and is not accessible in the ordinary course.

11.8 Business Records

Following deletion of Case Data, Vijilent retains business records relating to the Case — including Case identifier, Customer name, dates, Quotation, and billing records — for the periods required for tax, accounting, and legal purposes. These records do not contain information identifying any Research Subject.

11.9 Changes to the Retention Period

Vijilent may change the retention period prospectively in accordance with Section 18. Any reduction takes effect no sooner than 90 days after notice to Customer.

12. Fees and Payment

Fees for each Case are set out in the applicable Quotation. Unless the Quotation states otherwise, fees are due upon delivery, and invoices unpaid after 30 days may accrue interest at the lesser of 1.5% per month or the maximum permitted by law. Customer is responsible for all taxes other than taxes on Vijilent's net income. Fees are non-refundable except as expressly stated in a Quotation.

13. Vijilent's Obligations and Reserved Rights

Vijilent will perform the Services in accordance with the applicable Quotation and these Terms. Except as expressly stated in these Terms or a Quotation, Vijilent has no other obligation to Customer.

Vijilent reserves the right, but undertakes no obligation, to monitor or review Customer's use of the Services, to verify the identity of any person using the Services or the purposes for which they are used, or to mediate any dispute between Customer and any third party.

14. Term, Suspension, and Termination

These Terms apply from Customer's acceptance until terminated.

Either party may terminate these Terms on written notice. Vijilent may suspend or terminate access to the Services immediately, without notice, if Vijilent determines that Customer has violated Section 6 or Section 7, or that suspension is necessary to protect the Services, Vijilent, or any third party.

Termination does not relieve Customer of the obligation to pay fees accrued before termination. Cases in progress at termination will be completed or wound down as the parties agree.

Following termination, Vijilent will delete Case Data in accordance with Section 11, and Customer may export Case Data during the notice period provided under Section 11.2. Sections 5, 6, 8, 9, 11, 15, 16, 17, 19, and 21 survive termination.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, THE APPLICATION, THE CONTENT, RESEARCH MATERIALS, AND REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND VIJILENT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, VIJILENT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT, RESEARCH MATERIAL, OR REPORT WILL BE ACCURATE, COMPLETE, OR CURRENT.

Vijilent's obligation to exercise reasonable professional care under Section 5 is not disclaimed by this Section.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST GOODWILL, OR LOSS OF DATA, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, VIJILENT'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY CUSTOMER TO VIJILENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500.00).

These limitations apply to all causes of action, whether in contract, warranty, negligence, strict liability, misrepresentation, or other tort, and are a fundamental element of the basis of the bargain between the parties. Where applicable law does not permit limitation to the extent stated, liability is limited to the greatest extent permitted.

17. Indemnification

Customer will indemnify, defend, and hold harmless Vijilent and its affiliates, and their respective officers, directors, employees, agents, contractors, and suppliers, from and against any third-party claim, and any resulting liability, damage, loss, cost, or expense including reasonable attorneys' fees, arising from or related to:

(a) Customer's use of the Services, Research Materials, or Reports, including any claim brought by a Research Subject; (b) Customer's breach of these Terms, including Sections 6 and 7; (c) Customer's violation of any law or the rights of any person; or (d) the acts or omissions of Customer's Authorized Users.

Vijilent will give Customer prompt notice of any claim, reasonable cooperation at Customer's expense, and control of the defense, provided that Customer may not settle any claim in a manner that imposes any obligation or admission on Vijilent without Vijilent's written consent.

18. Changes to These Terms

Vijilent may modify these Terms. Vijilent will assign a new version number and effective date to any modified Terms and will make the current version available in the Application and at vijilent.com.

For material changes, Vijilent will give Customer notice and will require each Authorized User to accept the modified Terms before continuing to use the Services. Material changes take effect on acceptance, or thirty (30) days after notice, whichever is earlier, and apply prospectively. Non-material changes take effect on posting.

Customer's continued use of the Services after a modified version takes effect constitutes acceptance. If Customer does not accept a modified version, Customer's remedy is to stop using the Services and terminate under Section 14, and Section 11 governs Case Data.

Cases governed by a Quotation signed before a modification remain subject to the version of these Terms in effect when the Quotation was signed, except where a change is required by law.

19. Governing Law, Venue, and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles, and will be treated as executed and performed in Gloucester, Massachusetts.

Each party submits to the exclusive jurisdiction of the state and federal courts located in Essex County, Massachusetts, and waives any objection to venue or forum in those courts.

EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.

No action arising from or related to these Terms or the Services may be brought by either party more than one (1) year after the event giving rise to the cause of action, except for actions to collect unpaid fees.

Nothing in this Section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its confidential information or intellectual property.

20. Assignment

Customer may not assign or transfer these Terms, in whole or in part, without Vijilent's prior written consent. Any attempted assignment in violation of this Section is void.

Vijilent may assign these Terms, in whole or in part, without Customer's consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or of the business line to which these Terms relate. In any such transaction, Customer Materials, Case Data, and Reports may be transferred to the successor, which will remain bound by these Terms and by the Privacy Policy in effect at the time of transfer with respect to that information.

These Terms bind and benefit the parties and their permitted successors and assigns.

21. General

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or, if not possible, severed, and the remaining provisions will continue in full force and effect.

Waiver. No failure or delay in exercising any right operates as a waiver, and no waiver is effective unless in writing and signed by the waiving party.

Notices. Notices to Customer may be given by email to the contact information on the Account or by posting in the Application. Notices to Vijilent must be sent to support@vijilent.com and to Vijilent, Inc., 12 Folly Point Road, Gloucester, MA 01930.

Electronic Records. Customer consents to the use of electronic signatures, records, and contracts, and to electronic delivery of notices, policies, and records of transactions.

Force Majeure. Neither party is liable for any delay or failure to perform, other than a payment obligation, caused by circumstances beyond its reasonable control.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship. Neither party may make representations on behalf of the other.

Subcontractors. Vijilent may engage subcontractors and service providers to perform the Services and remains responsible for their performance under these Terms.

Headings. Headings are for convenience only and do not affect interpretation.

Entire Agreement. These Terms, the Privacy Policy, and any signed Quotation constitute the entire agreement between the parties regarding the Services and supersede all prior agreements, representations, and understandings on that subject. No term contained in any purchase order or other Customer document has any effect.

22. Contact

Vijilent, Inc. 12 Folly Point Road Gloucester, MA 01930 support@vijilent.com +1 (919) 800-0923