Qualified people. Controlled information. One accountable process.

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title: "BRIGHTSTAR GLOBAL CAPACITY PORTAL ACCESS TERMS"

date: "Counsel-Review Draft — October 7, 2026"

version: "Draft 1.0"

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The short version

This portal contains valuable, confidential business information. We are giving you access for an approved business purpose—not permission to take the information somewhere else.

Please use your own account, turn on two-factor authentication, keep what you see confidential, and use the information only to work with Brightstar. Do not copy it, scrape it, photograph it, upload it to an outside AI system, share it, resell it, or use it to go around Brightstar.

If you agree, sign below and continue. If you do not agree, that is okay—but you cannot enter the portal.

The sections below explain those rules more precisely.

1. Who these terms are between

These Portal Access Terms (the **“Terms”**) are between **BrightStar Communications, Inc.**, 1717 K Street NW, Suite 900, Washington, DC 20006 (**“Brightstar”**), and the individual accepting them (**“you”**). If you are acting for a company or other organization, you confirm that you are authorized to act for it, and **“you”** includes that organization where the context requires.

2. What the portal is for

The Brightstar Global Capacity portal (the **“Portal”**) helps approved users evaluate and work on data-center capacity, artificial-intelligence infrastructure, colocation, power, cooling, connectivity, logistics, financing, and related opportunities with Brightstar (the **“Approved Purpose”**).

Your access is limited, personal, non-exclusive, non-transferable, and revocable. Access does not promise that any site, capacity, price, schedule, or transaction is available or guaranteed.

3. One person, one account

Your account belongs to you—not your team, assistant, company, or customer. Do not share your password, authentication code, recovery code, device, or session. You must:

You are responsible for activity performed through your account until you report that it may be compromised.

4. What you may do

You may view and use Portal information only for the Approved Purpose and only within the role, organization, territory, opportunity, and permissions Brightstar assigns to you. You may share information with another person only when Brightstar expressly authorizes it in writing or the Portal provides an approved sharing method.

5. What you may not do

Unless Brightstar gives prior written permission, you may not:

1. copy, photograph, screenshot, screen-record, download, print, export, scrape, crawl, index, extract, reproduce, republish, distribute, sell, license, or redistribute Portal information;

2. forward Portal information or credentials to another person;

3. upload Portal information into an external artificial-intelligence system, public or private knowledge base, search index, data room, collaboration platform, or third-party database;

4. use protected locations, identities, contacts, introductions, relationships, pricing, requirements, methods, or opportunity information to bypass or circumvent Brightstar;

5. build or enrich a competing database, marketplace, sourcing service, matching service, contact list, or commercial offering from Portal information;

6. probe, scan, test, defeat, disable, or work around security, access controls, watermarking, monitoring, rate limits, or other safeguards;

7. access information outside your assigned permissions, even if a link or technical error appears to make it available;

8. impersonate another person, misstate your authority, or submit information you are not authorized to disclose; or

9. use the Portal unlawfully or in a way that interferes with another user or Brightstar’s systems.

If the Portal provides an authorized download, the downloaded material remains confidential and subject to these Terms and the NDA.

6. Confidentiality and NDA

Before entering the Portal, you must also sign the then-current **Brightstar Portal Non-Disclosure and Restricted-Use Agreement** (the **“NDA”**). The NDA is separate from these Terms and continues according to its own provisions. If these Terms and the NDA conflict about confidentiality, restricted use, or non-circumvention, the NDA controls.

7. Information you submit

Submit only information you are authorized to provide. You keep ownership of your information, but you give Brightstar permission to store, review, verify, and use it for the Approved Purpose, Portal administration, security, compliance, and related business communications.

Do not submit trade secrets, personal data, customer identities, exact locations, pricing, or other sensitive information unless the Portal specifically requests it and you are authorized to disclose it.

8. Monitoring, records, and watermarks

To protect users, opportunities, and information, Brightstar may log and review sign-ins, devices, IP addresses, user agents, agreement acceptance, access attempts, records viewed, authorized downloads, and security events. Brightstar may watermark or otherwise identify displayed and downloaded material. Brightstar will use these records for security, administration, compliance, dispute resolution, and protection of its legitimate business interests.

9. Accuracy and business decisions

Portal information may be preliminary, supplier-represented, time-sensitive, incomplete, or subject to diligence. Labels such as “available,” “planned,” or “coming online” are not reservations or guarantees. Verify technical, legal, financial, commercial, and scheduling information through Brightstar before relying on it. A binding obligation exists only in a separate definitive agreement signed by authorized parties.

10. Electronic communications and signatures

You consent to receive Portal-related notices electronically. You agree that checking the acceptance box, typing your name, and selecting **“Agree and Sign”** constitutes your electronic signature and has the same effect as signing on paper, to the extent permitted by law.

Brightstar will make the signed version available for download and will retain an acceptance record that may include the document version and hash, your name, organization, email, timestamp, IP address, and user agent.

11. Suspending or ending access

Brightstar may limit, suspend, or end access when reasonably necessary to protect the Portal, confidential information, users, opportunities, or Brightstar; to investigate suspected misuse; when your role or business purpose ends; or when you breach these Terms or the NDA. You may request account closure at any time. Ending access does not end obligations that are intended to continue, including confidentiality, restricted use, ownership, records, remedies, and dispute provisions.

12. Ownership

Brightstar and its licensors retain all rights in the Portal, its design, software, compilation, content, methods, and branding. These Terms grant access only; they do not transfer ownership or grant a license except the limited right to use the Portal for the Approved Purpose.

13. Availability and liability

The Portal is provided on an **“as is”** and **“as available”** basis. Brightstar does not promise uninterrupted or error-free access. To the maximum extent permitted by law, Brightstar is not liable for indirect, incidental, special, consequential, exemplary, or lost-profit damages arising from Portal access or use. Nothing here excludes liability that cannot lawfully be excluded or limits responsibility for fraud or intentional misconduct.

14. Changes

Brightstar may update these Terms. If a change is material, Brightstar will present the new version for acceptance before further Portal access. Continued access after acc

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title: "BRIGHTSTAR PORTAL NON-DISCLOSURE AND RESTRICTED-USE AGREEMENT"

date: "Counsel-Review Draft — October 7, 2026"

version: "Draft 1.0"

---

Brightstar Portal Non-Disclosure and Restricted-Use Agreement

This Non-Disclosure and Restricted-Use Agreement (the **“Agreement”**) is entered into as of the date electronically signed below (the **“Effective Date”**) by and between:

**BrightStar Communications, Inc.**, 1717 K Street NW, Suite 900, Washington, DC 20006 (**“Brightstar”**), and

the individual signer identified below, personally and, if applicable, on behalf of the company or organization identified below (**“Recipient”**).

1. Purpose

Recipient may receive or access nonpublic information through the Brightstar Global Capacity portal or from Brightstar to evaluate or pursue data-center capacity, artificial-intelligence infrastructure, colocation, power, cooling, connectivity, real estate, managed services, logistics, financing, and related opportunities with Brightstar (the **“Purpose”**).

2. Confidential Information

**“Confidential Information”** means nonpublic information disclosed or made available by or on behalf of Brightstar, in any form, that is marked confidential or that a reasonable person would understand to be confidential. It includes:

1. customer, prospect, data-center provider, operator, owner, developer, utility, carrier, lender, vendor, consultant, and other relationship identities and contact information;

2. opportunities, requirements, locations, schedules, introductions, decision-makers, authority, negotiation status, and relationship history;

3. requests for proposal, questionnaires, designs, drawings, rack layouts, bills of materials, electrical and cooling criteria, network architecture, operating criteria, and technical assumptions;

4. existing or planned capacity, power, water, land, construction, connectivity, security, and operational information;

5. pricing, rates, margins, commissions, incentives, financial models, forecasts, contract terms, negotiating positions, and business strategy;

6. Portal organization, sourcing and matching methods, datasets, analyses, scoring, workflows, and compilation; and

7. notes, screenshots, summaries, analyses, exports, models, or other materials derived from the foregoing.

Confidential Information does not include information Recipient can demonstrate through contemporaneous written records: (a) was lawfully known without restriction before disclosure; (b) becomes public without breach of this Agreement; (c) is lawfully received from a third party without a confidentiality duty; or (d) is independently developed without use of or reference to Confidential Information.

3. Confidentiality and permitted use

Recipient shall:

1. use Confidential Information only for the Purpose and only through Brightstar’s approved process;

2. protect it using at least reasonable care and no less care than Recipient uses for similarly sensitive information;

3. not disclose it to any person unless Brightstar first authorizes the disclosure in writing and that person is bound by written confidentiality and restricted-use obligations at least as protective as this Agreement; and

4. remain responsible for any person to whom Recipient provides access or disclosure.

Portal access is personal. Recipient may not share an account, password, two-factor code, recovery code, session, device access, or Portal material.

4. No copying, extraction, or external systems

Unless Brightstar gives prior written permission or provides an expressly authorized download, Recipient shall not copy, photograph, screenshot, screen-record, print, download, export, scrape, crawl, index, extract, reproduce, publish, distribute, sell, license, or redistribute Confidential Information.

Recipient shall not upload, submit, transmit, or expose Confidential Information to an external artificial-intelligence system, language model, search engine, public or private knowledge base, data room, collaboration service, or third-party database.

An authorized download remains Confidential Information and may be used only for the Purpose.

5. Protected relationships and non-circumvention

A **“Protected Relationship”** means a customer, prospect, provider, facility, property owner, utility, carrier, vendor, financing source, consultant, or other business relationship identified or introduced through Brightstar or the Portal in connection with a specific opportunity.

For twenty-four (24) months after Recipient first receives or accesses a Protected Relationship, Recipient shall not knowingly or intentionally use Brightstar’s Confidential Information or relationship capital to bypass or circumvent Brightstar by directly or indirectly structuring, diverting, transferring, or completing the same or a substantially related opportunity for the purpose of:

1. excluding Brightstar from a role it was performing or expected to perform in the disclosed process;

2. avoiding or reducing compensation, commission, margin, or another economic benefit owed or reasonably contemplated in a written opportunity record or agreement; or

3. building or enriching a competing database, marketplace, sourcing service, matching service, or commercial offering.

Direct communication is not prohibited when Brightstar authorizes it or when it is reasonably required within Brightstar’s approved process for technical diligence, proposal development, contracting, implementation, or operations. This section does not require a third party to transact, restrict independent business unrelated to a Protected Relationship, or create compensation not otherwise agreed in writing.

If Recipient had an active, documented relationship concerning the same opportunity during the preceding twelve (12) months, Recipient must notify Brightstar in writing within five (5) business days after the relevant disclosure and provide reasonable supporting detail. General market awareness, an undirected contact list, or a dormant relationship is not by itself an exclusion.

6. Required disclosure

If Recipient is legally compelled to disclose Confidential Information, Recipient shall, to the extent legally permitted, promptly notify Brightstar, reasonably cooperate in seeking confidential treatment, and disclose only the portion legally required.

7. Security incident

Recipient shall promptly notify Brightstar after discovering suspected or actual unauthorized access, copying, use, or disclosure and shall reasonably cooperate in containment, investigation, and remediation. Notice does not constitute an admission of fault.

8. Return and destruction

Upon Brightstar’s written request or when Portal access ends, Recipient shall stop using and return or destroy Confidential Information, including permitted copies and derived materials, and confirm destruction if requested. Archival copies required by law or bona fide automated backup may be retained, remain protected, and may not be used for another purpose.

9. Ownership; no license or commitment

Confidential Information remains Brightstar’s or the applicable disclosing party’s property. No intellectual-property license or other right is granted except the limited right to evaluate the Purpose through Brightstar’s approved process. Brightstar is not required to disclose information, continue access, accept an opportunity, enter a transaction, or guarantee availability, pricing, technical fit, or schedule.

10. No warranty

Confidential Information is provided for evaluation on an **“as is”** basis and may be preliminary, supplier-represented, incomplete, or time-sensitive. Except as stated in a later definitive written agreement, Brightstar makes no representation or warranty concerning accuracy or completeness. This section does not permit fraud or intentional misrepresentation.

11. Publicity and names

Recipient may not use Brightstar’s name, trademarks, customer names, provider names, projec