Inscendo: Capsule Responsibility Acknowledgment

Effective Date: This Version 2.0 takes effect on the date it is posted at /legal/capsule-responsibility. It binds a company when an owner or account administrator accepts it on that company's behalf in the Service, and for that company it is effective on acceptance. Version 1.0 was an internal template and was never published. Version: 2.0 (October 2, 2026 — Version 1.0 was a per-company template, signed outside the Service for one named capsule, with blanks for the company, the capsule, and the licensing body. This version is the same acknowledgment made general and accepted in the Service. It covers every capsule, widget, automation, and other artifact in the company's workspace, whoever built or published it; it is accepted by checkbox, on the company's behalf, by the person who creates the company or who takes ownership of a workspace Inscendo set up for the company, and the acceptance is recorded with this document's version, effective date, and hash, the time, and the accepting person; it names no version of any other document, so it always refers to the versions in effect when it is accepted; and new § 5 states what Inscendo did when it set up a workspace before handing it over, and how the company adopts that work. §§ 1 through 4 restate, for every artifact, obligations the Master Subscription Agreement already imposes, and add none.) Provider: Inscendo Automation Inc., a Texas corporation ("Inscendo," "we," "us")

This Capsule Responsibility Acknowledgment ("Acknowledgment") is accepted in the Service, on behalf of a company (the "Subscriber"), by the person who binds that company: the owner who creates it, or the person who takes ownership of a workspace Inscendo set up for it. It supplements the Inscendo Master Subscription Agreement (served at /legal/terms, the "MSA") and the documents the MSA incorporates. Capitalized terms not defined here have the meanings given in the MSA. Where this Acknowledgment and the MSA differ, this Acknowledgment controls as to Artifacts.

"Artifact" means every capsule, widget, automation, skill, custom agent, background agent, script, configuration, and other artifact that is in Subscriber's tenant (its "workspace"), now or later, however it got there: built by Subscriber or its users; built by Inscendo IQ at anyone's direction; built or changed by an Inscendo IQ Expert under the Inscendo IQ Expert Services Agreement (served at /legal/expert-services); installed from the Marketplace, including an Inscendo-Published Capsule (MSA § 4A.7); or placed in the workspace by Inscendo while setting it up for Subscriber (§ 5).

This Acknowledgment exists so that Subscriber agrees expressly, in one place, and at the moment it takes on its workspace, to what the MSA already provides for Artifacts — above all MSA § 4.10, which applies to every Artifact whoever built it. It is not offered to a Consumer Account (Consumer Account Addendum § 1); for a Consumer Account, MSA § 12.2C governs in place of § 4 below.

1. Subscriber operates every Artifact

1.1 Every Artifact runs in Subscriber's workspace as Subscriber, on Subscriber's authority, and under Subscriber's own licences, registrations, professional standing, and authority to conduct its business (MSA § 1.3, § 4.10). Every form, document, filing, communication, transaction, or other output an Artifact produces is produced by Subscriber, not by Inscendo.

1.2 Subscriber is solely responsible for reviewing, testing, supervising, operating, and lawfully using every Artifact, and for the consequences of everything it does, from the moment it is in Subscriber's workspace — whether or not Subscriber reviewed it, and whether or not Subscriber later modifies it. An automation that runs on a schedule or on a trigger acts for Subscriber each time it runs, including when no person is watching. Subscriber decides which automations are switched on, and may switch any of them off at any time.

1.3 That Inscendo personnel designed, wrote, configured, deployed, installed, or published an Artifact does not make Inscendo its vendor, operator, issuer, or distributor, does not make the Artifact an Inscendo product, and is not a representation that it is correct, complete, secure, lawful to operate for Subscriber's purpose, or fit for any purpose. Subscriber shall not represent otherwise to any third party.

2. Licensed forms, formats, and standards

2.1 Subscriber represents and warrants that, for every Artifact that generates, fills, issues, files, transmits, or reproduces a form, format, specification, standard, filing, or content of an industry standards body, forms publisher, trade association, regulator, or other rights-holder, Subscriber holds, and will maintain for as long as it uses that Artifact, every licence, membership, registration, permission, and authorization that the use requires, and that its use of the Artifact is an exercise of Subscriber's own licence and authority (MSA § 4.2A(e)).

2.2 Inscendo is not a member of, licensee of, or vendor authorized by any industry standards body, forms publisher, trade association, or licensing organization (MSA § 2.4, § 3.3(g)); holds no such licence; conveys none to Subscriber (MSA § 4.2A(e)); does not determine whether an Artifact requires one; and does not confirm that Subscriber holds one.

2.3 Where Subscriber does not hold a licence that an Artifact's use requires, Subscriber shall not use that Artifact for that purpose. Switching an Artifact off, removing it, or asking Inscendo IQ to change it is within Subscriber's control at all times.

3. Licence, AS-IS, no warranty

3.1 Platform Code in Subscriber's workspace (MSA § 4.1) — including every Artifact that Inscendo IQ, an Inscendo IQ Expert, or Inscendo built there — is licensed to Subscriber on the perpetual, ownership-equivalent terms of MSA § 4.2A: Subscriber may use, run, modify, export, and commercialize it, on or off the Service, and that licence survives termination. An installed Marketplace Capsule is licensed under the Marketplace Installer Terms (served at /legal/marketplace-terms), except that an Inscendo-Published Capsule is instead licensed under MSA § 4.2A, as § 6.6 of the Marketplace Installer Terms provides.

3.2 EVERY ARTIFACT IS LICENSED "AS-IS," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, accuracy, security, and lawfulness of operation for Subscriber's purpose (MSA § 11.2; Expert Services Agreement § 8.3). Subscriber bears the entire risk of using it. This § 3.2 does not limit any right Subscriber holds against a third-party Publisher under the Marketplace Installer Terms.

4. Indemnity

4.1 Subscriber shall defend, indemnify, and hold harmless Inscendo and its affiliates, officers, directors, employees, and contractors from and against any third-party claim and any associated damages, fines, penalties, settlements, costs, and reasonable attorneys' fees arising out of or related to an Artifact or Subscriber's operation of it — including any claim that an Artifact generated, filled, issued, filed, transmitted, or reproduced a licensed form, format, standard, or content without the required licence or authority, or that Subscriber's operation of an Artifact constituted the unlicensed practice of a regulated business or profession — regardless of who authored, built, modified, installed, or published the Artifact, and Subscriber shall not assert, as a defence to this indemnity or as the basis of any claim, contribution, or apportionment against Inscendo, that Inscendo built, installed, or published it (MSA § 12.2(a), (d), (g), (k); Expert Services Agreement § 10.4).

4.2 EXPRESS NEGLIGENCE AND FAIR NOTICE — READ THIS PARAGRAPH. THE INDEMNITY IN § 4.1 APPLIES EVEN WHERE THE CLAIM ALLEGES THAT THE NEGLIGENCE OF INSCENDO OR ANY OTHER INDEMNIFIED PARTY CAUSED OR CONTRIBUTED TO THE LOSS, in whole or in part, and whether that negligence is characterized as active, passive, concurrent, comparative, or imputed, or as strict or products liability. SUBSCRIBER AND INSCENDO INTEND THIS SENTENCE AS A SPECIFIC, CONSPICUOUS EXPRESSION OF THAT AGREEMENT, and Subscriber acknowledges actual notice and knowledge of it, given by the separate checkbox through which this Acknowledgment is accepted. MSA § 12.2B (sole fault, serious misconduct, proportionate reduction, no unlawful shifting) applies to this indemnity as it applies to MSA § 12.2.

5. A workspace Inscendo set up before handing it over

5.1 Where Inscendo created Subscriber's workspace and set it up before Subscriber accepted this Acknowledgment — for example by installing Marketplace Capsules, building or configuring Artifacts, connecting services, or loading information Subscriber supplied — Inscendo did so for Subscriber, at Subscriber's request or in advance so that a ready-made workspace could be offered to it, and held the workspace under an Inscendo account until Subscriber took it over.

5.2 By accepting, Subscriber takes the workspace and everything in it as its own, and ratifies each action Inscendo took in setting it up, as if Subscriber had taken it itself, from the time it was taken. Every Artifact placed there is an Artifact under this Acknowledgment, and every Marketplace Capsule installed there is installed for Subscriber under the Marketplace Installer Terms.

5.3 Subscriber's acceptance in the Service is its own acceptance of each document it accepts there. Nothing Inscendo personnel clicked, accepted, or elected while holding the workspace was an acceptance by Subscriber or binds Subscriber, and nothing they did there relieves Subscriber of anything this Acknowledgment or the MSA provides.

5.4 The setup was not a sale or supply of any Artifact by Inscendo, and it carries no warranty (§ 3). Subscriber owes nothing for the setup itself unless it agreed to pay for it, in writing or in the Service — for example by buying an Onboarding Package or accepting a Quote under the Expert Services Agreement, which then governs that work, including its § 10.

5.5 Information Inscendo loaded into the workspace at Subscriber's request is Customer Data under the MSA, governed by the MSA and the Data Processing Addendum from the time it was loaded, and Subscriber represents that it had the right to provide that information to Inscendo for that purpose.

5.6 If an Inscendo account remains a member of the workspace after Subscriber takes it over, it remains because Subscriber keeps it: Inscendo personnel using it act at Subscriber's direction, to help Subscriber set up and operate its workspace, and what they build or change there is an Artifact under this Acknowledgment. Subscriber may remove that account at any time in the Service, and removing it ends its access to the workspace.

6. General

6.1 This Acknowledgment is part of the MSA, is governed by MSA § 16 (Texas law; binding arbitration in Dallas, Texas), and survives termination of the MSA and the removal of any Artifact. The indemnity in § 4 supplements MSA § 12.2 and is treated as part of it for MSA § 13.2 and § 13.4(b), so it is not subject to the per-Customer cap.

6.2 The documents this Acknowledgment refers to are the versions in effect when Subscriber accepts it, each as published at the address given in this Acknowledgment or in the MSA. By accepting, Subscriber accepts the MSA (including § 4.2A, § 4.10, § 4A.7, § 11.2, § 12.2, and § 12.2A), the AI Code of Conduct (served at /legal/ai-code-of-conduct), and, where a Marketplace Capsule is in its workspace, the Marketplace Installer Terms, in those versions and from the time of acceptance — including where Subscriber was already bound to an earlier version of one of them and the version in effect states a later date on which it binds Customers already bound to an earlier version. Where an Artifact was built under the Expert Services Agreement, that Agreement applies to it in the version its § 11.1 makes applicable to that engagement.

6.3 Inscendo may update this Acknowledgment under MSA § 15. A version that states a new obligation for a Subscriber already bound to an earlier version gives the notice MSA § 15.1 requires before it binds that Subscriber.

6.4 The person accepting represents that they are authorized to bind Subscriber. Each acceptance is recorded with this Acknowledgment's version, its effective date, and a hash of its text as served, together with the time, the accepting person's account, and the company on whose behalf it was given; click-through acceptance is valid and binding (MSA § 20.10). Earlier versions are available on request at support@inscendoiq.com.

[End of Capsule Responsibility Acknowledgment]