ExecuityIQ Terms of Use and Confidentiality Agreement

Version: 1.0
Effective date: October 12, 2026
Owner and operator: The O'Brien Group, LLC
Contact: legal@execuityiq.com

1. Agreement and Acceptance

These Terms govern your access to ExecuityIQ ("EIQ"), a software system developed and owned by The O'Brien Group, LLC ("Company," "we," "us," or "our"), including its modules, applications, integrations, and related services.

By electronically accepting these Terms, you agree to comply with them as an individual user. Acceptance is required before access is granted. If you do not agree, you must not access or use EIQ.

These Terms do not, by themselves, authorize you to bind your employer or another organization to a commercial agreement.

2. User Information and Authorized Access

You must provide accurate first name, last name, company affiliation, and email information and keep that information current.

Accounts are individual and may not be shared. You are responsible for protecting your account and promptly reporting suspected unauthorized access to legal@execuityiq.com.

Company affiliation identifies your business relationship; it does not automatically grant access to any organization, module, client, or data.

You may access only the functions and information expressly authorized for you. Authorization may be limited, changed, suspended, or withdrawn by the Company or an authorized administrator.

You must not bypass access controls or use another person's account. If you encounter information you are not authorized to access, stop accessing it, do not copy or distribute it, and promptly notify the Company.

3. Permitted Use

You may use EIQ only for authorized business purposes and in compliance with applicable law, these Terms, and applicable customer agreements.

You must not:
- Access, disclose, export, or use information beyond your authorization.
- Scrape, bulk-extract, sell, or redistribute information without permission.
- Upload malicious code or interfere with system operation or security.
- Probe or test security controls without written authorization.
- Upload information you do not have authority to provide.
- Submit EIQ confidential information or customer data to unapproved external services, including artificial-intelligence tools.
- Misrepresent your identity, affiliation, authority, or business activities.
- Reverse engineer or attempt to obtain proprietary source code, except as expressly authorized or permitted by applicable law.

4. Confidentiality

Nonpublic information accessed through EIQ must be treated as confidential. This includes customer and client information, sales data, pricing, financial records, trade expenses, business plans, workflows, system designs, security information, and other proprietary materials.

Confidentiality obligations also apply to exports, screenshots, summaries, presentations, and AI-generated outputs containing or reflecting confidential information.

You may use confidential information only for authorized business purposes and disclose it only to authorized recipients with a legitimate business need. These obligations continue after your access ends.

These restrictions do not apply to information you can establish became public without a breach, was lawfully obtained without a confidentiality restriction, or was independently developed without using confidential information.

Legally required disclosures are permitted. Where legally allowed, you must notify the Company beforehand and limit disclosure to what is required. Nothing in these Terms prohibits legally protected reporting to government authorities or other protected activity.

5. System Ownership and Customer Materials

The Company retains its rights in EIQ, including its software, designs, functionality, documentation, and proprietary improvements.

Access to EIQ grants only a limited permission to use the system as authorized. It does not transfer ownership or grant equity, royalties, or rights to the system's source code.

Customer data and other uploaded materials remain the property of their respective owners. You authorize the Company to host, process, transmit, and reproduce materials you are authorized to submit as reasonably necessary to operate, secure, support, and provide EIQ under applicable agreements.

Uploading materials does not transfer their ownership to the Company except where a separate assignment, the employee-work-product provisions below, or applicable law provides otherwise.

6. Feedback, Improvements, and Customizations

If you voluntarily submit suggestions, feature requests, recommendations, or other feedback concerning EIQ, you grant the Company a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable, royalty-free right to use that feedback to develop, improve, and commercialize EIQ without compensation or attribution.

As between you and the Company, the Company owns improvements, features, and customizations developed by or for the Company, except as expressly provided in a separate written agreement signed by the Company.

Providing feedback, requesting or funding a customization, or participating in testing does not grant ownership, equity, royalties, or other intellectual-property rights in EIQ.

This provision does not transfer ownership of customer data, customer confidential information, or preexisting materials. You may submit feedback only to the extent you have authority to grant these rights.

7. Employee-Developed Business Work Product

This section applies to employees of The O'Brien Group, LLC.

All software, source code, applications, tools, workflows, automations, integrations, databases, designs, documentation, improvements, and other work product developed by an employee, individually or jointly, within the scope of employment or in performing work for the Company's business are the sole and exclusive property of the Company.

This includes covered work product developed before or after acceptance of these Terms and work developed for, incorporated into, or migrated to EIQ. Use of personal equipment, personal accounts, artificial-intelligence tools, or work outside normal business hours does not, by itself, change ownership of otherwise covered work product.

To the extent permitted by law, covered work product constitutes work made for hire. To the extent any rights do not automatically belong to the Company, the employee hereby irrevocably assigns to the Company all of the employee's right, title, and interest in that work product, including applicable intellectual-property rights.

The employee retains no ownership interest in covered work product and acquires no equity, royalty entitlement, licensing right, or other ownership interest in EIQ by creating, modifying, or contributing to it.

The employee agrees to deliver covered work product and related source files and documentation to the Company and to execute reasonable documents necessary to confirm or protect the Company's ownership.

This section applies only to rights the employee owns or has authority to assign. It does not transfer third-party rights or override applicable restrictions on assignment.

Illinois Employee Invention Notice

The invention-assignment provisions do not apply to an invention developed entirely on the employee's own time without using the Company's equipment, supplies, facilities, or trade-secret information, unless the invention relates to the Company's business or actual or demonstrably anticipated research or development, or results from work performed by the employee for the Company. Rights that applicable law prohibits the Company from requiring an employee to assign are excluded.

8. Development Access and Third-Party Components

Programming, development, integration, and system-administration access require separate Company authorization. Ordinary user access does not authorize changes to EIQ.

Employees and other contributors must disclose relevant third-party licenses and preexisting materials before incorporating them into Company work. They must not introduce components or license obligations without appropriate authorization.

Contractors and other nonemployee developers must execute a separate written agreement addressing ownership, confidentiality, and delivery of work product before beginning development. The Company may also require a separate employee ownership acknowledgment or assignment.

9. AI-Assisted Features and Business Decisions

EIQ may provide automated analyses, recommendations, summaries, or other AI-assisted features. These outputs may be incomplete or inaccurate.

You remain responsible for reviewing information and obtaining required approvals before relying on an output for a business decision.

An automated recommendation does not itself authorize a payment, settlement, contractual commitment, personnel action, or change in access rights.

10. Operational Records and Privacy

The Company may maintain account, access, activity, security, support, and agreement-acceptance records to operate EIQ, administer permissions, investigate problems, and document authorized activities.

Personal information will be handled under applicable law, applicable customer agreements, and any privacy notice provided with the service.

Privacy questions and requests may be submitted to legal@execuityiq.com.

11. User Removal, Service Discontinuation, and Data Retention

Individual user removal. Removing or deactivating a user ends that user's authorization to access EIQ. It does not automatically delete business records, submissions, approvals, documents, or other information the user created or contributed. Those records may remain available to authorized users of the relevant organization.

Tenant discontinuation. Discontinuing service or closing an organization's account does not automatically erase all associated information. An authorized organization representative may request an export, deletion, or information about retained data by contacting legal@execuityiq.com.

Request review. The Company will review requests to verify the requester's authority, identify the affected information, and determine applicable legal, contractual, security, and technical requirements. Available export formats, scope, timing, and any applicable charges will be communicated before export work proceeds. These Terms do not promise a complete export of every system record or proprietary system component.

Retention and deletion. Information may remain in active systems, document versions, backups, recovery copies, and audit records after access ends. The Company will evaluate deletion requests under applicable law and customer agreements and communicate the applicable process and limitations. These Terms do not establish a fixed deletion or backup-expiration deadline.

Certain records may need to be retained for legal obligations, legal holds, dispute resolution, billing, security investigations, evidence of agreement acceptance, or continuing obligations to an authorized customer. Retention does not give a former user continued access or authorize disclosure to another tenant.

Retained information remains subject to applicable confidentiality and security obligations. Nothing in this section limits deletion or other privacy rights required by applicable law.

12. Availability, Pilot Features, and Disclaimers

EIQ may include pilot, experimental, or developing features. Features may change, become unavailable, or require maintenance.

Except as expressly provided in a separate written agreement, EIQ is provided "as is" and "as available," to the extent permitted by law. The Company does not guarantee uninterrupted operation, error-free results, or that every feature will meet a particular business requirement.

Any service commitments or warranties in a separately signed agreement remain subject to that agreement.

13. Suspension and Termination

The Company may restrict, suspend, or terminate access when authorization ends, these Terms are violated, or action is reasonably needed to protect the system, its users, or information.

Upon termination, you must stop using EIQ and stop using or disclosing confidential information except as independently authorized or legally required.

Termination does not eliminate confidentiality obligations, Company ownership rights, valid assignments or licenses, or other provisions intended to continue after access ends.

14. Changes and Other Agreements

The Company may update these Terms and require renewed acceptance of material changes before continued access.

A separately signed agreement controls to the extent it expressly conflicts with these Terms. These Terms do not reduce protections provided by applicable confidentiality, employment, intellectual-property, or customer agreements.

If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law.

15. Governing Law and Contact

These Terms are governed by Illinois law, without regard to conflict-of-law principles, subject to applicable mandatory law.

Questions and notices concerning these Terms should be directed to:
The O'Brien Group, LLC
legal@execuityiq.com

Electronic Acceptance

By selecting "Agree and continue," I confirm that:
- I have read and agree to these Terms.
- My name, company affiliation, and account information are accurate.
- I understand that access is limited to my assigned authorization.
- I intend my typed name and selection of "Agree and continue" to constitute my electronic signature.

I agree to the ExecuityIQ Terms of Use and Confidentiality Agreement with The O'Brien Group, LLC.