TERMS OF SERVICE

*Delator Group and its Subsidiaries and Affiliates*

These Terms of Service ("Terms" or "Agreement") govern all services provided by Delator Group and any of its present or future subsidiaries, divisions, brands, or affiliated entities (collectively, "Delator," "Delator Group," "we," "us," or "our"), including but not limited to Delator Field Services (DFS) and any other operating division or affiliate now existing or later formed, to any individual, business, attorney, law firm, or other party ("Client," "you," or "your") who engages, retains, requests, or otherwise obtains any service from Delator in any capacity.

By engaging Delator Group or any of its subsidiaries or affiliates in any manner — including but not limited to signing an engagement letter, submitting a service request, making a payment, providing a retainer, or otherwise directing Delator to perform any work — Client acknowledges that Client has read, understood, and agrees to be bound by these Terms in their entirety. These Terms apply regardless of the specific service performed, the entity within the Delator Group performing it, or the method by which the engagement was initiated.

Delator Group reserves the right to amend, update, or replace these Terms at any time, in its sole discretion. Continued engagement of Delator's services following any such amendment constitutes acceptance of the amended Terms.

## 1. Payments and Refunds

### 1.1

All payments made to Delator Group or any of its subsidiaries, in any form and by any method, are final. Once payment has been made, no refund of any kind will be issued except where expressly approved, in writing, by an executive of Delator Group.

### 1.2

A refund is never guaranteed under any circumstance. The mere fact that a refund has been requested, regardless of the reason given or the circumstances surrounding the request, does not entitle Client to a refund or create any obligation on the part of Delator to issue one.

### 1.3

Any approval of a refund, partial or full, is granted solely at the discretion of Delator Group's executive leadership and does not create precedent, obligate Delator to grant similar treatment in any other matter, or waive any provision of these Terms.

### 1.4 Late Fees

Client acknowledges and agrees that Delator Group incurs additional administrative expenses, collection costs, financing costs, and business disruptions when invoices are not paid when due. Accordingly, as liquidated damages intended to reasonably compensate Delator Group for such costs, and not as a penalty, any invoice remaining unpaid for fifteen (15) calendar days after its due date shall incur a late fee equal to eight percent (8%) of the outstanding unpaid invoice balance. Each late fee shall be subject to a minimum charge of Ten Dollars ($10.00) and a maximum charge of Two Hundred Fifty Dollars ($250.00).

If any portion of the invoice remains unpaid forty-five (45) calendar days after its original due date, an additional late fee, calculated under the same terms set forth above, shall be assessed.

### 1.5 Collection Efforts

If any invoice remains unpaid for sixty (60) calendar days or longer after its due date, Delator Group may, at its sole discretion and without further notice, suspend ongoing services, accelerate any outstanding balances owed by Client, refer the account to a third-party collection agency, pursue legal action, or utilize any other lawful means of collection.

Client agrees to reimburse and pay all reasonable costs incurred by Delator Group in collecting any past-due amounts, including but not limited to collection agency fees, court costs, filing fees, service of process fees, investigation expenses related to collection, reasonable attorney's fees where recoverable by law or contract, and any other reasonable expenses incurred in enforcing this Agreement.

The assessment of late fees or the initiation of collection efforts shall not constitute a waiver of any other rights or remedies available to Delator Group under this Agreement or applicable law.

### 1.6 Client-Initiated Telephone Calls; Recording and Billing

**Recording consent.** To the extent permitted by applicable law, Client expressly consents to Delator recording telephone calls between Client and Delator Group or its representatives. Recordings may be used for documentation of instructions, case and service records, quality assurance, training, billing verification, security, compliance, and resolution of disputes. Delator will handle recordings in accordance with applicable law. Client shall not add another person to a call where recording is occurring unless any notice or consent legally required for that participant has been provided.

**Free initial consultation.** The single initial consultation telephone call described as free on Delator's website will not be billed.

**Subsequent calls initiated by Client.** After the free initial consultation, telephone time will be billed at Fifty Dollars ($50.00) per hour only for subsequent calls initiated by Client to Delator Group in which Client is connected with a Delator representative. Billing will be prorated to the actual connected time at the hourly rate, without a minimum charge. The billable period begins when a Delator representative answers and ends when the call disconnects, including time during which Client remains connected to a representative on hold. Ringing time, voicemail messages without a live representative, and automated-menu time are not billable.

**Calls initiated by Delator.** Calls initiated by a Delator representative to Client are never charged as telephone time, regardless of duration. Client will not be charged under this Section for a call that Client did not initiate. Any separate investigative, professional, or other service charges remain governed by the applicable engagement terms.

## 2. Retainers

### 2.1

Where a retainer is charged, Client understands and agrees that the retainer represents the cost to begin work on the case or matter. The retainer is not payment in full for the entire case, matter, or engagement, and does not represent an estimate, cap, or guarantee of the total cost of services.

### 2.2

Additional fees, costs, and expenses may be incurred and billed as the engagement progresses, consistent with the scope of work performed.

## 3. Chargebacks

### 3.1

If Client initiates a chargeback, dispute, or reversal of any payment made to Delator Group or any of its subsidiaries through a bank, credit card issuer, payment processor, or any other means, Client is legally bound by these Terms to reimburse Delator the full amount of the original invoice.

### 3.2

In addition to the full invoice amount, Client agrees to pay Delator Group a $500.00 administrative fee to compensate Delator for the time, resources, and expense required to respond to and resolve the chargeback.

### 3.3

These amounts are due immediately upon Delator's notice to Client and are in addition to, not in lieu of, any other remedies available to Delator at law or in equity.

## 4. No Guarantee of Results

### 4.1

Client acknowledges that all services provided by Delator Group and its subsidiaries are circumstantial in nature and cannot be guaranteed in any way. Outcomes depend on factors outside Delator's control, including but not limited to the availability, conduct, and location of third parties, the accuracy of information provided to Delator, and the applicable legal and procedural environment.

### 4.2

Failure to achieve Client's stated goals within the anticipated timeframe or budget does not entitle Client to a refund, discount, credit, or specialized pricing of any kind.

## 5. Client Responsibility and Indemnification

### 5.1 Restricted or Undisclosed Materials; Initial and Daily Liquidated Damages

**5.1.1 Client's disclosure obligations.** Client is responsible for the legality and propriety of the requests made to Delator and for the accuracy and completeness of information provided about any physical item, paper document, electronic file, storage device, container, or other material that Client asks Delator or a Delator investigator to receive, handle, transport, store, inspect, or otherwise work with. Before delivery or exposure, Client must disclose material that Client knows or reasonably should know may be illegal to possess, receive, transport, inspect, or handle, or may expose Delator or an investigator to criminal investigation or legal jeopardy. Examples may include controlled substances, unlawfully possessed firearms or firearm components, child sexual abuse material (CSAM), explosives, stolen property, or other contraband or unlawfully produced material.

A failure to disclose includes intentional concealment, a materially inaccurate description, or a negligent failure to exercise reasonable care to identify and disclose material that Client knew or reasonably should have known was present. Client's agreement to provide discovery, evidence, or other items relevant to an engagement does not, by itself, authorize the undisclosed inclusion of restricted material. This Section is not triggered solely because Delator receives material that was fully and accurately disclosed in advance and that Delator expressly agreed in writing to receive and handle in the stated manner, provided that the agreed handling is otherwise lawful.

**5.1.2 Covered Incident.** A "Covered Incident" occurs when, because of Client's intentional nondisclosure, negligent nondisclosure, materially inaccurate description, or other breach of this Section, restricted or potentially unlawful material is delivered to, placed in the custody or control of, or causes a meaningful exposure risk to Delator Group or a Delator investigator without adequate prior disclosure and informed acceptance by Delator. The mere fact that an item could theoretically be associated with unlawful activity is not sufficient on its own. The applicable statutory classification must be supported by specific, objectively identifiable facts and the elements of an offense under the applicable law; it may not be based on speculation alone.

**5.1.3 Initial incident-response liquidated damages: $500.** For each distinct Covered Incident, Client agrees to pay an initial incident-response liquidated-damages amount of Five Hundred Dollars ($500.00), in addition to any applicable daily amount under Section 5.1.4. The parties intend this amount to reasonably estimate immediate response costs that can be difficult to calculate in advance, including work interruption; initial risk assessment; securing, isolating, or restricting access to the material; notifying appropriate personnel; preserving relevant records; preparing an incident report; communicating with Client; and taking initial protective or compliance steps. This amount is assessed once per distinct incident, not once per item or person, and is intended as compensation rather than punishment. It is intended to be recoverable only to the extent permitted by applicable law and only if it is a reasonable estimate of anticipated loss when the Agreement is formed.

**5.1.4 Daily risk-tier liquidated damages.** In addition to the initial amount above, Client agrees to the following daily liquidated-damages schedule for each calendar day, or portion of a calendar day, that the covered material remains in Delator's possession, custody, or control as a result of a Covered Incident. A calendar day is counted by calendar date, not by each complete twenty-four-hour period. The rate is determined by the offense classification under the applicable law that is reasonably implicated by the objectively established facts—not by speculation, the item's label alone, or an allegation unsupported by facts.

**Tennessee schedule**

| Tennessee offense classification | Daily amount |
|---|---:|
| Class A felony | $20,000 |
| Class B felony | $17,500 |
| Class C felony | $15,000 |
| Class D felony | $10,500 |
| Class E felony | $8,000 |
| Class A misdemeanor | $4,000 |
| Class B misdemeanor | $2,000 |
| Class C misdemeanor | $450 |

**Federal schedule**

The following amounts apply to the corresponding federal offense class, determined under applicable federal law, including 18 U.S.C. § 3559 where applicable. Federal and Tennessee classifications are determined under different statutory rules and are not interchangeable merely because they use the same letter. The federal figures below reflect a 40% increase over the corresponding Tennessee schedule amount, subject to a maximum of $25,000 per calendar day.

| Federal offense classification | Daily amount |
|---|---:|
| Class A felony | $25,000 (40% increase capped at $25,000) |
| Class B felony | $24,500 |
| Class C felony | $21,000 |
| Class D felony | $14,700 |
| Class E felony | $11,200 |
| Class A misdemeanor | $5,600 |
| Class B misdemeanor | $2,800 |
| Class C misdemeanor | $630 |

No fixed daily amount is specified in this Section for a federal infraction or an offense that cannot reasonably be mapped to a listed classification. For such an offense, Delator may pursue otherwise available, legally recoverable actual damages and remedies, but may not assign a listed liquidated-damages tier by speculation alone.

Where the same Covered Incident could reasonably implicate more than one offense, Delator may apply only the single highest daily tier supported by specific facts and the applicable statutory elements; the amounts may not be stacked for the same material and incident merely because multiple statutes or classifications could be considered. Before assessing the amount, Delator will provide Client written notice identifying the applicable statute or statutes, the classification relied upon, the material facts supporting that classification, the dates counted, and the amount calculated. This contractual determination does not constitute a representation that Client or any investigator has committed a crime, and it does not replace a determination by a court or other competent authority.

**5.1.5 Basis for estimating anticipated loss and risk.** The parties acknowledge that, when this Agreement is formed, the financial and operational consequences of a Covered Incident may be difficult to measure precisely, may vary substantially by offense classification and duration, and may arise before any criminal charge is filed or any final determination is made. The schedule is intended to provide a reasonable advance estimate of anticipated costs, business disruption, and exposure—not to punish Client or to declare that any person is guilty of an offense. In evaluating the anticipated risk, the parties identify the following categories as relevant considerations to the extent reasonably foreseeable from the circumstances:

1. Immediate operational disruption: time spent stopping or redirecting investigative work; removing personnel from an assignment; protecting staff; securing the material; and arranging safe, lawful isolation, return, transfer, or other disposition.
2. Incident response and evidence control: internal assessment; chain-of-custody documentation; inventory, imaging, or forensic review where appropriate; secure storage; preservation of records; communications; incident reporting; and reasonable steps needed to prevent further access or exposure.
3. Law-enforcement and legal-process exposure: the risk of investigative inquiries, interviews, searches, seizure of property or devices, subpoenas, warrants, requests for records, or other legal process that may interrupt Delator's operations and require a response.
4. Potential criminal consequences for the affected investigator: depending on the facts and applicable law, an investigator could face questioning, detention, arrest, charges, prosecution, court appearances, restrictions on liberty, or possible incarceration—even where the investigator did not knowingly possess the material and is ultimately not convicted. These consequences are risks, not automatic or certain outcomes.
5. Defense and related expenses: reasonable costs of obtaining legal advice or representation, responding to investigations or proceedings, attending required proceedings, travel, records collection, and related time and expense. These potential costs are identified as part of the risk assessment; whether any particular expense is recoverable from Client depends on this Agreement and applicable law.
6. Employment, livelihood, and professional effects: loss of work time or income; interruption of existing assignments; difficulty obtaining future employment or professional engagements; damage to professional standing; potential effects on licenses or credentials where applicable; loss of client confidence; and reduced career opportunities.
7. Background-check and housing consequences: an arrest or pending charge may appear in public records or third-party background-check databases and may complicate employment screening, rental housing applications, or other screening decisions. Dismissal or acquittal does not necessarily erase every copy immediately. The parties do not represent that such records will invariably be permanent: expungement or removal may be available depending on the law and circumstances, may require procedural steps, and may not cause every third-party database to update promptly.
8. Personal and quality-of-life consequences: stress, stigma, reputational impact, disruption to family or personal life, uncertainty, and other non-economic effects an investigator may experience while investigating or defending against a matter arising from undisclosed material. The duration and extent of such effects are inherently difficult to predict at the time of contracting.
9. Delator's business-level exposure: potential effects on client relationships, reputation, insurance, contractual obligations, staffing and retention, operational continuity, and the ability to perform other engagements, together with reasonable expenses incurred to manage those effects.

The parties recognize that the possible loss of an investigator's liberty, livelihood, professional reputation, and quality of life is a serious and difficult-to-quantify component of the risk created by a Covered Incident. These consequences are included as part of the parties' assessment of the foreseeable severity and operational risk of the event, not as a representation that every consequence will occur or that Delator automatically owns or may recover every personal loss suffered by an investigator.

**5.1.6 Relationship to actual damages; no double recovery.** The parties intend the amounts in Sections 5.1.3 and 5.1.4 to compensate for anticipated losses that are difficult to quantify at the time of contracting, and not to operate as a penalty. The parties understand that enforceability is subject to applicable law and the circumstances existing when the Agreement was formed. The daily rate or initial amount will not be recovered to the extent a court determines it is unenforceable. Delator may separately seek reasonable, documented actual losses or indemnifiable claims to the extent permitted by law, but will not recover twice for the same loss. If a liquidated amount is held unenforceable, Delator may pursue any other remedy otherwise available by law, subject to proof and applicable legal limitations.

**5.1.7 Mitigation and end of daily period.** Client must promptly notify Delator upon learning that undisclosed restricted material may have been delivered or exposed. Delator may take reasonable and lawful steps to protect personnel, secure or isolate the material, contact Client, and arrange safe disposition or transfer. The daily period ends when the material is no longer in Delator's possession, custody, or control and any continuing exposure resulting from that possession has ended. Client may not require Delator or an investigator to handle, transport, destroy, or transfer material in a manner that would violate law or create an unreasonable safety risk.

### 5.2

Client agrees to fully indemnify, defend, and hold harmless Delator Group, its subsidiaries, affiliates, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any allegation that the services requested or performed were illegal, or in conflict with any applicable legal statute, regulation, ordinance, or requirement of which Delator Group may not have been aware at the time services were requested or rendered, to the extent permitted by applicable law.

## 6. Limitation of Liability and Hold Harmless

### 6.1

Client fully understands and agrees that Delator Group and its subsidiaries are held absolutely harmless, in every respect, for any form of damage, loss, or harm occurring to evidence, materials, property, persons, or anything else, arising during or in connection with the duration of the contracted engagement with Delator.

### 6.2

This limitation applies regardless of the theory of liability asserted, including negligence, and to the fullest extent permitted by applicable law.

## 7. Binding Effect and Acceptance

### 7.1

Client understands that these Terms are legally binding. By engaging Delator Group or any of its subsidiaries in any capacity, Client affirmatively agrees to be bound by these Terms in their entirety.

### 7.2

These Terms shall be linked or otherwise referenced on every invoice issued by Delator Group or its subsidiaries. Client's failure to open, access, or review the linked Terms does not constitute grounds for Client to later claim that the Terms were not presented, made available, or disclosed. Access having been made available satisfies presentation of these Terms regardless of whether Client actually opened or read them.

## 8. General Provisions

### 8.1 Entire Agreement

These Terms, together with any signed engagement letter or agreement executed between Client and Delator, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, whether written or oral.

### 8.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

### 8.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles.

### 8.4 No Waiver

Delator's failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or of any other provision.

### 8.5 Assignment

Client may not assign or transfer any rights or obligations under these Terms without Delator's prior written consent. Delator may assign these Terms to any successor, affiliate, or subsidiary without Client's consent.

### 8.6 Survival

The provisions of Sections 1 through 6 shall survive the completion, termination, or cancellation of any engagement between Client and Delator.

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By engaging Delator Group or any of its subsidiaries or affiliates, Client acknowledges having read and agreed to these Terms of Service in their entirety.