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PUBLIC SECTOR AND REGULATED BUYER RIDER

This Public Sector and Regulated Buyer Rider (“Rider”) supplements the TrueNAS Terms and Conditions of Sale (“Base Terms”) and, if applicable, the Enterprise Transaction Addendum (“Enterprise Addendum”), solely for transactions expressly identified as subject to this Rider in the applicable quote, Purchase Order, or Statement of Work.

1. Applicability

This Rider applies only to Customers that are:

  • Government entities (federal, state, local, or foreign)
  • Public educational institutions
  • Healthcare providers
  • Other entities subject to statutory or regulatory procurement requirements

This Rider does not apply unless expressly referenced in the applicable transaction documents.

2. Order of Precedence

In the event of a conflict, the following order of precedence shall apply:

  1. This Rider
  2. The applicable Quote, Purchase Order, or Statement of Work
  3. The Enterprise Transaction Addendum (if applicable)
  4. The Base Terms

3. Compliance with Laws (Clarification)

TrueNAS represents that it will comply with applicable laws and regulations generally applicable to vendors providing the Products and Services described in the applicable transaction documents.

Nothing in this Rider shall be construed as:

  • A representation that the Products or Services ensure Customer’s regulatory compliance, or
  • An agreement to comply with laws not expressly applicable to TrueNAS as a vendor

Customer remains solely responsible for its own compliance obligations.

4. Government Procurement Requirements (If Applicable)

If Customer is a government entity, the Parties agree that mandatory provisions required by applicable procurement statutes or regulations may apply only to the extent required by law and only as expressly stated in the applicable transaction documents.

No discretionary government contract clauses shall apply unless expressly agreed in writing by TrueNAS.

5. HIPAA / Regulated Data (Optional, If Applicable)

If Customer is a covered entity under HIPAA and the Products or Services involve the handling of protected health information (“PHI”), the Parties shall enter into a separate, mutually agreed Business Associate Agreement (“BAA”).

No HIPAA obligations apply unless and until such BAA is executed.

6. Data Security and Privacy (Clarification)

TrueNAS Products may include technical features designed to assist with data security (e.g., encryption, access controls). However:

  • TrueNAS does not control Customer data or Customer environments
  • Use of the Products does not, by itself, ensure compliance with any specific security or privacy regulation
  • Customer is responsible for configuring and operating the Products in accordance with its regulatory obligations

7. Sovereign Immunity (If Applicable)

Nothing in the Base Terms, Enterprise Addendum, or this Rider shall be deemed to waive any sovereign or governmental immunity or statutory limitation on liability to which Customer may be entitled under applicable law.

8. Limitation of Liability (Public Sector Alignment)

To the extent required by applicable law, the limitation of liability provisions in the Base Terms shall apply subject to any non-waivable statutory caps or restrictions applicable to Customer.

Except as required by law, no additional liability or indemnification obligations are assumed by TrueNAS under this Rider.

9. Governing Law and Venue

The governing law and venue provisions set forth in the Base Terms shall apply except where non-waivable statutory requirements dictate otherwise, in which case such requirements shall apply solely to the extent mandated by law.

10. No Other Modifications

Except as expressly stated in this Rider, the Base Terms and any applicable Enterprise Addendum remain unchanged and in full force and effect.