ENCATCH SDK END USER LICENSE AGREEMENT (SDK EULA)

Effective Date: January 1, 2026

Last Updated: May 28, 2026

This Encatch SDK End User License Agreement (the "SDK EULA") is entered into by and between Phyder Mobile Solutions Pvt. Ltd., a company incorporated in India with its registered office at 412/413, 4th Floor, Palmspring (Above Croma), Link Road, Malad West, Mumbai City, Mumbai, Maharashtra, India, 400064, operating under the brand name "Encatch" ("Encatch," "we," "us," or "our"), and the entity or individual that installs, accesses, or uses the SDK ("Customer" (as defined in the Terms of Service), "you," or "your").

1. SCOPE AND INTERPRETATION

1.1. Scope of SDK EULA

This SDK EULA governs your access to and use of the SDK and related materials made available by Encatch, including any accompanying documentation, sample code, updates, and modifications.

1.2. Read Together

This SDK EULA should be read together with (and is in addition to) the Encatch Terms of Service, Privacy Policy, and Data Processing Addendum (DPA) (each as updated from time to time). Capitalized terms used but not defined in this SDK EULA have the meanings given in the Terms of Service, Privacy Policy, and DPA (as applicable).

1.3. Order of Precedence

If there is any inconsistency:

a. an applicable enterprise agreement, order form, statement of work, or other written agreement between Encatch and Customer will control, but only to the extent of the conflict;

b. the DPA will control only with respect to Processor-side Processing by Encatch on documented Customer instructions;

c. this SDK EULA will control only with respect to SDK/API/license-specific terms (including permitted use, restrictions, and licensing); and

d. otherwise, the Encatch Terms of Service will control.

2. LICENSE GRANT

2.1. License

Subject to your ongoing compliance with this SDK EULA and the Terms of Service, Encatch grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use, copy, and integrate the SDK solely to implement Encatch's feedback widgets, surveys, and related functionality in and into Customer's applications and websites.

2.2. Permitted Copies

Customer may make a reasonable number of copies of the SDK solely as necessary for development, testing, staging, and production deployment of Customer's integration.

2.3. Distribution

Customer may distribute the SDK only as incorporated into Customer's applications and websites (and not on a standalone basis), and only in object code or otherwise compiled/minified form where applicable.

2.4. Reservation of Rights

Encatch and its licensors reserve all rights not expressly granted to Customer under this SDK EULA.

3. PERMITTED USE AND DISTRIBUTION

3.1. Authorized Users

Customer may permit its employees and contractors to use the SDK solely on Customer's behalf for Customer's internal development and implementation purposes, provided Customer remains responsible for their compliance with this SDK EULA.

3.2. Integration Purpose Only

Customer may use the SDK only to integrate Encatch functionality into Customer's applications and websites and may not use the SDK for any other purpose.

3.3. Environment Use

Customer may use the SDK in development, testing, staging, and production environments, provided Customer safeguards any API keys or credentials and follows Encatch's documentation.

3.4. No Standalone Distribution

Customer may not distribute, sublicense, sell, rent, lease, or otherwise make the SDK available on a standalone basis, except as incorporated into Customer's applications and websites as permitted under Clause 2.3.

4. RESTRICTIONS

4.1. No Reverse Engineering

Customer will not (and will not permit any third party to) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the SDK, except to the extent such restriction is prohibited by Applicable Law.

4.2. No Circumvention or Interference

Customer will not bypass, disable, or interfere with security, integrity, access controls, rate limits, or other protections in or relating to the SDK or the Service.

4.3. No Unlawful or Harmful Use

Customer will not use the SDK in a manner that violates Applicable Law, infringes third-party rights, or is abusive, fraudulent, deceptive, or harmful.

4.4. No Competing Use

Customer will not use the SDK to develop, train, or improve a product or service that competes with Encatch.

4.5. No Removal of Notices

Customer will not remove, obscure, or alter any proprietary notices, labels, or branding included in the SDK or Documentation.

4.6. No Export Violations

Customer will not use or export the SDK in violation of applicable export control or sanctions laws.

5. IMPLEMENTATION REQUIREMENTS AND CUSTOMER RESPONSIBILITIES

5.1. Follow Documentation

Customer will implement and use the SDK in accordance with Encatch's then-current documentation and integration instructions.

5.2. API Keys and Credentials

Customer is responsible for maintaining the confidentiality and security of any API keys, tokens, credentials, or other access mechanisms used with the SDK and will not embed secrets in publicly accessible code repositories or otherwise expose them.

5.3. Environment and Testing

Customer is responsible for testing the SDK integration in its development and staging environments prior to production deployment and for ensuring the SDK is integrated in a manner that does not materially degrade Customer's applications or websites.

5.4. Customer Systems and Compliance

Customer is solely responsible for (a) Customer's applications and websites in which the SDK is integrated, (b) the accuracy, legality, and appropriateness of Customer's configuration choices, and (c) Customer's compliance with Applicable Law in connection with its use of the SDK.

6. SDK DATA FLOWS AND SIMILAR TECHNOLOGIES

6.1. Local Storage and Technical Identifiers

Where applicable, the SDK may store or read identifiers locally (for example, using local storage or session storage) and may transmit certain technical parameters and event metadata to support operation of the SDK and the Service.

6.2. Examples

Such identifiers and parameters may include fields such as identify_signature, ping_on_next_page_visit, and ping_again_after (or similar fields), used for purposes such as reliability (including reconnect logic), request throttling/rate-limiting, retries/backoff, integrity and security controls, and diagnostics/analytics (only where enabled and, where required by Applicable Law, based on applicable consent choices).

6.3. Data Categories

Depending on Customer's implementation and configuration, the SDK may process (a) device and browser information, (b) IP address and timestamps, and (c) usage/activity signals relating to the SDK's operation. Customer is responsible for determining what data it chooses to send to Encatch through or in connection with the SDK.

6.4. DPA Cross-Reference

To the extent the SDK is used to transmit Customer End-User Feedback Data and related Customer End User Identifiers for Processor-side Processing on Customer instructions, such processing is governed by the DPA and this SDK EULA does not expand Encatch's processor obligations.

7.1. SDK Identifiers Created Upon Customer Action

By default, the SDK does not create local identifiers unless and until Customer invokes methods such as identifyUser() and/or startSession() (or similar methods) as part of Customer's implementation.

7.2. Customer Controls When Identifiers Are Created

Customer is solely responsible for deciding when to invoke such methods and for configuring the SDK (including any page-visit triggers or similar settings).

7.3. Notices and Consents

Customer is responsible for providing required notices and obtaining any Customer End User consents required by Applicable Law before enabling the SDK to create identifiers or collect/process data that is not strictly necessary for the operation of Customer's requested integration (including before invoking identifyUser() or startSession(), where required).

7.4. Risk Allocation

Customer will defend, indemnify, and hold harmless Encatch from and against any third-party claims arising from Customer's implementation or configuration of the SDK, including any failure to provide required notices or obtain required consents.

8. PRIVACY; CONTROLLER/PROCESSOR SPLIT; DPA

8.1. Privacy Policy

Encatch's collection and use of Personal Data in connection with the Service is described in the Privacy Policy.

8.2. Processor-Side Processing Governed by DPA

To the extent Encatch processes Customer End-User Feedback Data and related Customer End User Identifiers on behalf of Customer as a Data Processor on documented Customer instructions, such Processor-side Processing is governed by the DPA.

8.3. No Expansion of DPA Obligations

This SDK EULA does not expand, modify, or limit Encatch's obligations under the DPA, and nothing in this SDK EULA should be interpreted to create processor obligations beyond those set out in the DPA.

8.4. Customer Responsibilities

Customer is responsible for its own privacy and cookie disclosures to Customer End Users regarding Customer's use of the SDK and for complying with Applicable Law in connection with Customer's implementation and configuration of the SDK.

9.1. Customer Compliance

Customer is responsible for complying with Applicable Law in connection with Customer's implementation, configuration, and use of the SDK, including any requirements to provide notices and obtain consents from Customer End Users.

Where required by Applicable Law, Customer will ensure that the SDK is not initialized or used in a manner that enables collection or processing of non-essential data (including analytics/diagnostics where enabled) until Customer End Users have been provided the required notices and have provided the required consents.

9.3. Customer Policies

Customer will maintain and make available to Customer End Users an appropriate privacy policy and cookie notice describing Customer's use of the SDK and any related data collection and processing.

10. SUPPORT; MAINTENANCE; NO SLA

10.1. As-Is

The SDK is provided on an "as is" and "as available" basis.

10.2. No SLA

Encatch does not provide any service level agreement, uptime commitment, or guaranteed response times for the SDK unless expressly agreed in a separate written enterprise agreement or order form.

10.3. Support (If Any)

If Encatch provides support or guidance regarding the SDK, it will be on a reasonable efforts basis and may be provided, modified, or discontinued at Encatch's discretion.

11. UPDATES; DEPRECATIONS; SUSPENSION

11.1. Updates

Encatch may modify, update, or replace the SDK from time to time, including to improve performance, security, or functionality.

11.2. Deprecation

Encatch may deprecate or discontinue versions or features of the SDK. Where practicable, Encatch will provide reasonable notice of material deprecations that may affect Customer's integration.

11.3. Suspension or Revocation

Encatch may suspend, restrict, or revoke Customer's access to the SDK or related credentials (including API keys) if Encatch reasonably believes that (a) Customer's use of the SDK poses a security risk, (b) Customer is using the SDK in violation of this SDK EULA or Applicable Law, or (c) suspension is necessary to prevent abuse, fraud, or harm to Encatch, its systems, or third parties.

12. SECURITY

12.1. Customer Security Obligations

Customer will implement reasonable technical and organizational measures to secure its implementation and use of the SDK, including safeguarding API keys, tokens, and credentials and restricting access to authorized personnel only.

12.2. No Secrets Exposure

Customer will not embed secrets in publicly accessible code repositories or otherwise expose API keys or credentials used with the SDK.

12.3. Incident Notification

Customer will notify Encatch without undue delay after becoming aware of any unauthorized access to or misuse of the SDK, related credentials, or Customer's integration that could reasonably impact the security of the Service or Customer End Users.

13. INTELLECTUAL PROPERTY; FEEDBACK

13.1. Encatch IP

The SDK and Documentation, and all intellectual property rights therein, are and will remain the exclusive property of Encatch and its licensors. No rights are granted to Customer other than as expressly set out in this SDK EULA.

13.2. Customer Materials

Customer retains all rights in Customer's applications, websites, and content.

13.3. Feedback

If Customer provides suggestions, ideas, or feedback regarding the SDK or the Service ("Feedback"), Customer grants Encatch a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, and otherwise exploit such Feedback for any purpose, without obligation to Customer.

14. THIRD-PARTY COMPONENTS; OPEN SOURCE

14.1. Third-Party Components

The SDK may include or depend on third-party components, services, or libraries. Customer's use of such third-party components may be subject to additional terms provided by the applicable third party.

14.2. Open Source Software

To the extent the SDK includes open source software, such open source software is licensed under the applicable open source license terms, which will control over this SDK EULA with respect to that open source software.

14.3. No Responsibility for Third Parties

Encatch is not responsible for third-party components or services, including their availability, security, or functionality.

15. DISCLAIMERS

15.1. Disclaimer of Warranties

To the maximum extent permitted by Applicable Law, the SDK and Documentation are provided "as is" and "as available" and Encatch disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

15.2. No Guarantee

Encatch does not warrant that the SDK will be uninterrupted, error-free, secure, or compatible with Customer's systems, or that defects will be corrected.

15.3. Third-Party Services

Encatch makes no warranties regarding third-party components or services used in connection with the SDK.

16. LIMITATION OF LIABILITY

16.1. Exclusion of Damages

To the maximum extent permitted by Applicable Law, in no event will Encatch be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, business interruption, or other intangible losses, arising out of or relating to the SDK or this SDK EULA, even if Encatch has been advised of the possibility of such damages.

16.2. Liability Cap

To the maximum extent permitted by Applicable Law, Encatch's total aggregate liability arising out of or relating to the SDK or this SDK EULA will not exceed the amounts paid by Customer to Encatch for the Service in the six (6) months immediately preceding the event giving rise to the claim, or USD $100, whichever is greater.

16.3. Basis of Bargain

The parties acknowledge that the limitations in this Clause 16 are an essential basis of the bargain and reflect the allocation of risk between the parties.

17. INDEMNITIES

17.1. Customer Indemnity

Customer will defend, indemnify, and hold harmless Encatch and its affiliates, and their respective directors, officers, employees, and agents, from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's implementation, configuration, or use of the SDK; (b) Customer's applications, websites, or content; (c) Customer's breach of this SDK EULA or Applicable Law; or (d) Customer's failure to provide required notices or obtain required consents from Customer End Users.

17.2. Indemnification Process

Encatch will promptly notify Customer of any claim for which it seeks indemnification. Customer will have sole control of the defense and settlement of the claim, provided that Customer may not settle any claim in a manner that admits fault on behalf of Encatch or imposes any obligation on Encatch without Encatch's prior written consent (not to be unreasonably withheld). Encatch may participate in the defense with counsel of its choosing at its own expense.

18. TERM; TERMINATION; EFFECTS

18.1. Term

This SDK EULA remains in effect for so long as Customer has a valid, active right to use the Service under the Terms of Service, unless terminated earlier in accordance with this Clause 18.

18.2. Automatic Termination

This SDK EULA will automatically terminate upon termination of the Terms of Service.

18.3. Termination by Encatch

Encatch may terminate this SDK EULA immediately upon notice if Customer materially breaches this SDK EULA or the Terms of Service and fails to cure such breach within a reasonable period after notice (if curable), or if Encatch reasonably determines that Customer's use of the SDK poses a security, legal, or abuse risk.

18.4. Termination by Customer

Customer may terminate this SDK EULA at any time by ceasing all use of the SDK and uninstalling/removing the SDK from Customer's applications and websites.

18.5. Effect of Termination

Upon termination, Customer will promptly cease all use of the SDK, delete or destroy all copies of the SDK and Documentation in Customer's possession or control, and cease distribution of the SDK.

18.6. Survival

Clauses that by their nature should survive termination will survive, including Clauses 4 (Restrictions), 13 (Intellectual Property; Feedback), 14 (Third-Party Components; Open Source), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnities), and 18 (Term; Termination; Effects).

19. GENERAL

19.1. Compliance with Laws

Customer will comply with Applicable Law in connection with its use of the SDK, including applicable export control and sanctions laws.

19.2. Assignment

Customer may not assign or transfer this SDK EULA, in whole or in part, without Encatch's prior written consent. Any attempted assignment in violation of this Clause 19.2 is void. Encatch may assign this SDK EULA to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

SDK End User License Agreement

On this page