Federal Government Customer Addendum to the TryHackMe Business Terms of Use (US)
This Federal Government Customer Addendum to the TryHackMe Business Terms of Use (US) ("Addendum") is entered into between TryHackMe Inc., a Delaware corporation ("TryHackMe"), and the federal government entity identified in the applicable Quote ("Customer"). This Addendum is attached to and made part of the TryHackMe Business Terms of Use (US), as amended from time to time (the "Terms"), and is applicable only where the Customer is a federal government body of the United States. This Addendum modifies the Terms as expressly set forth below. Capitalized terms used but not defined in this Addendum shall have the meanings given to them in the Terms.
1. Precedence and Incorporation
This Addendum forms an integral part of the Terms for federal Customers. In the event of a conflict or inconsistency between the provisions of this Addendum and the Terms in respect of a federal Customer, the provisions of this Addendum shall prevail. Except as expressly modified by this Addendum, the Terms shall remain in full force and effect.
2. Commercial Item Status / Basis of Acquisition
The Services are offered and shall be acquired as "commercial products" and "commercial services" within the meaning of the Federal Acquisition Regulation (FAR) 2.101 and FAR Subpart 12. The parties agree that FAR 52.212-4, "Contract Terms and Conditions—Commercial Products and Commercial Services," is incorporated by reference as the sole general terms and conditions applicable to this acquisition, to the extent such terms are not inconsistent with the Terms or this Addendum, and shall supersede any conflicting standard federal boilerplate terms the Customer might otherwise seek to impose.
FAR 52.212-5, "Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services," is incorporated by reference only to the extent that specific clauses listed in FAR 52.212-5 are identified by the Customer's ordering activity as applicable in the applicable Quote or order. TryHackMe's standard commercial terms (i.e., the Terms and this Addendum) shall govern except as this Addendum or an incorporated mandatory FAR clause expressly requires otherwise.
3. Order of Precedence for Federal Orders
Notwithstanding clause 25.2 of the Terms, the order of precedence for federal Customers shall be as follows:
- This Addendum;
- The applicable Quote or order (but only to the extent of permitted variations consistent with FAR Part 12);
- Mandatory incorporated FAR clauses (including those incorporated by reference pursuant to Section 2);
- The Terms;
- The Acceptable Use Policy ("AUP"); and
- The Documentation.
4. Termination for Convenience by Government Customer
Notwithstanding clause 12.3 of the Terms, a federal Customer may terminate this Addendum and the applicable Quote for the Government's convenience in accordance with FAR 52.212-4(l). In the event of such termination, the settlement shall be limited to payment for Services actually delivered and accepted by the Customer, or fees accrued up to the effective date of termination. Neither party shall have any further liability to the other following such settlement, consistent with the commercial-item termination approach and excluding cost-based termination settlements under FAR Part 49.
5. Limitation of Liability / Indemnification of the Government
The limitation of liability provisions set forth in clause 11 of the Terms shall continue to apply to the fullest extent permitted by law. Notwithstanding any provision in the Terms or Quote (including, without limitation, clause 8.6), nothing herein shall require the Customer to indemnify, hold harmless, or provide unlimited or uncapped liability to TryHackMe in a manner that would violate the Anti-Deficiency Act (31 U.S.C. § 1341) or require the Customer to pay amounts in the absence of available appropriated funds. Any obligation of the Customer to indemnify TryHackMe is expressly limited to the extent necessary to comply with such restrictions. Furthermore, TryHackMe's indemnification and defense obligations to the Customer under the Terms do not constitute a waiver of the United States' sovereign immunity.
6. Availability of Funds / Anti-Deficiency Act
The Customer's obligation to make payments under the Terms and this Addendum is subject to the availability of appropriated funds. No provision of the Terms or Quote shall obligate the Customer to make payments in violation of 31 U.S.C. § 1341 or the Anti-Deficiency Act. Any multi-year or automatic renewal provisions set forth in clause 12.2 of the Terms are expressly subject to this limitation and to the right of termination for convenience set forth in Section 4 of this Addendum.
7. Prompt Payment
To the extent of any conflict with clause 7.5 of the Terms regarding late payment interest, payments by the federal Customer shall be governed by the Prompt Payment Act (31 U.S.C. chapter 39) and the implementing regulations issued thereunder, rather than the commercial late payment terms specified in the Terms.
8. Disputes
For direct federal government contracts, any claim by the Customer arising out of or relating to this Addendum, the Terms, or the Services shall be governed by the Contract Disputes Act (41 U.S.C. chapter 71). This provision supersedes clause 24 (Disputes and jurisdiction) and clauses 23 and 23.1 (governing law) of the Terms to the extent of any conflict regarding the resolution of disputes with the United States Government. The forum-selection and jury trial waiver provisions set forth in clauses 24.2 and 24.4 of the Terms shall not apply to claims by or against the United States.
9. Assignment of Claims
The parties acknowledge and agree that compliance with the Anti-Assignment Act (41 U.S.C. § 6305) and the Assignment of Claims Act (31 U.S.C. § 3727) is required. This provision is consistent with clause 19 (Assignment and subcontracting) of the Terms, and no assignment of claims under this Addendum or the Terms shall be valid without the prior written consent of the United States Government as required by law.
10. Rights in Data / Intellectual Property
The Platform, Software, and Content constitute "commercial computer software" and "commercial computer software documentation" as defined in FAR 2.101. TryHackMe grants the Customer only the rights customarily provided to the public under the Terms, consistent with FAR 52.212-4(w) (or successor provisions). No unlimited government purpose rights, government purpose rights, or restricted rights beyond those explicitly granted in the Terms are conveyed. TryHackMe retains all ownership rights in the Platform, Software, and Content as set forth in clause 8 of the Terms, and the Customer retains ownership of Customer Data as defined therein.
11. Federal Cloud Security Authorization (FedRAMP) Status
As of the date of this Addendum, the Services have not been granted a FedRAMP authorization (or any equivalent federal cloud security authorization) by any agency or the FedRAMP Program Management Office. TryHackMe makes no representation that the Services meet FedRAMP security requirements or any other specific federal cloud security authorization standards. The Customer is solely responsible for determining whether its intended use of the Services requires an Authority to Operate (ATO) or other agency risk determination, and for obtaining such authorization prior to deploying the Services for any use requiring such authorization. TryHackMe will provide reasonable cooperation, including providing security documentation already available under clause 4.3 of the Terms, to support the Customer's own risk assessment. If TryHackMe pursues FedRAMP authorization in the future, this section will be updated by mutual written notice.
12. Export Control / Sanctions
The Customer and its Authorized Users shall comply with all applicable export control laws and sanctions, including the Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC), as referenced in clause 6.6 of the Terms. The Services may not be accessed or used by any person or entity listed on any Restricted Party list, including the OFAC Specially Designated Nationals (SDN) list or the BIS Entity List.
13. Section 508 / Accessibility
As set forth in clause 2.7 of the Terms, TryHackMe does not warrant that the Services conform to Section 508 of the Rehabilitation Act or specific Web Content Accessibility Guidelines (WCAG) standards. However, upon request, TryHackMe will provide its current accessibility statement and Voluntary Product Accessibility Template (VPAT), if available, and will use reasonable efforts to improve the accessibility of the Services.
14. Records and Audit
Any audit rights of the federal Customer (e.g., the "Audit of Records—Negotiated Acquisition" clause or the "Comptroller General Access" clause) are applicable only to the extent such specific clauses are incorporated by reference pursuant to Section 2 of this Addendum via FAR 52.212-5. In the absence of such incorporated clauses, clause 4.3 of the Terms (Security) regarding the provision of security information shall govern.
15. Novation / Name Changes
In the event TryHackMe undergoes a corporate change, including but not limited to a merger, acquisition, or name change, TryHackMe shall provide prompt written notice to the Customer. The parties shall execute such novation agreements as may be required by the FAR to recognize the successor entity as the contractor.
16. No Automatic Price Escalation Beyond Appropriations
Notwithstanding clause 7.3 of the Terms regarding price adjustments, any CPI-U-based price increases or automatic escalation clauses shall apply only to the extent consistent with the Customer's available appropriated funding and the limitations imposed by the Anti-Deficiency Act pursuant to Section 6 of this Addendum.
17. Order of Documents for the Quote
For any Quote issued to a federal Customer, the Quote must clearly state:
- The contracting agency;
- The contract, order, or GSA Schedule number (if applicable);
- Any FAR 52.212-5 clauses incorporated by reference; and
- Confirmation that this Federal Government Customer Addendum applies.
18. Definitions
The following terms have the meanings set forth below for purposes of this Addendum. All other capitalized terms used in this Addendum shall have the meanings ascribed to them in the Terms, specifically defined in clause 25 thereof.
- "FAR" means the Federal Acquisition Regulation, as amended from time to time.
- "Government" means the federal government entity of the United States identified as the Customer in the Quote.
- "Contracting Officer" means the individual within the Government who has the authority to enter into, administer, or terminate the Quote and make determinations and findings under the FAR.
- "Anti-Deficiency Act" means 31 U.S.C. § 1341 et seq., and related regulations.
Dated: 10/11/2026